Slander and Bullying by a Minor in Philippine Law
(A Comprehensive Overview)

1. Introduction

In the Philippines, defamation and bullying—particularly when perpetrated by a minor—invoke not just criminal or civil considerations but also child-protection and rehabilitative frameworks. Philippine law balances two key principles in such circumstances: safeguarding individuals’ reputations and rights against defamation or harassment, and upholding the welfare and rehabilitation of minors who have committed these offenses. This article provides an extensive overview of slander and bullying by minors under Philippine law, covering applicable statutes, liability, possible defenses, and procedural details.

2. Defining Slander (Oral Defamation)

Concept and Elements
Under Philippine law, “slander” is legally referred to as oral defamation and is penalized under Article 358 of the Revised Penal Code (RPC). Essentially, slander arises when a person verbally makes a false and malicious statement that injures another person’s reputation. The key elements to prove in a slander case are:
- Imputation of a discreditable act or condition against another person;
- Publication or communication of the statement to at least one third party;
- Malice (with the intention to harm or knowledge of falsity);
- Identifiability of the person defamed.
Penalties for Slander
- If the defamatory statement is serious and insulting in nature, the penalty is arresto mayor in its maximum period to prisión correccional in its minimum period (i.e., from about 4 months and 1 day to 2 years and 4 months, depending on aggravating or mitigating circumstances).
- If it is not serious in nature, the penalty is arresto menor or a fine not exceeding 200 pesos.
Slander Distinguished from Libel
- Slander: Defamation done orally or through transient methods (e.g., spoken words).
- Libel: Defamation done in writing or through more permanent means (e.g., social media posts, printed material).

3. Bullying in Philippine Law

Definition of Bullying
Bullying under Philippine law generally refers to any severe or repeated use by one or more students of a written, verbal, or electronic expression, or a physical gesture, or any combination thereof, directed at another student. It is commonly addressed in schools but can also have broader legal implications if it meets the elements of harassment, defamation, or other offenses.
The Anti-Bullying Act of 2013 (Republic Act No. 10627)
- Scope: The law requires elementary and secondary schools to adopt policies to address bullying, including procedures for intervention, reporting, disciplining, and rehabilitation.
- Forms of Bullying: It covers various types, such as physical bullying, social or relational bullying, cyberbullying, and verbal bullying—verbal bullying may include slanderous remarks or repeated verbal harassment.
- Obligations of Schools: Educational institutions must formulate clear rules and policies, provide training for teachers and staff, and create prevention and intervention programs.
Cyberbullying
- If slanderous or harmful comments are made online (e.g., through social media or other electronic means), the perpetrator could be liable under the Cybercrime Prevention Act of 2012 (Republic Act No. 10175) if the content meets the elements of cyber libel or other relevant offenses.
- For minors, the same principles apply as regards the imputation of wrongdoing and liability, but legal treatment differs due to their age (discussed below).

4. Liability of Minors in the Commission of Slander and Bullying

Criminal Liability: The Juvenile Justice and Welfare Act of 2006 (Republic Act No. 9344, as amended)
- Under 15 Years Old: A minor under 15 is exempt from criminal liability, although they can be subjected to a community-based intervention program under the care of social welfare agencies.
- 15 to Below 18 Years Old: A minor in this age bracket can be held criminally liable only if it is determined that they acted with “discernment,” meaning they had sufficient understanding of the wrongdoing. If they acted without discernment, they remain exempt from criminal liability and are placed under interventions.
Administrative and Disciplinary Measures in Schools
- When a minor commits bullying or slander within the school setting, the school’s anti-bullying policies come into play. Such policies typically provide counseling, mediation, or other rehabilitative measures.
- Suspension, expulsion, or other disciplinary measures may be imposed depending on the severity and the school’s established procedures.
Civil Liability and Parental Responsibility
- Even if a minor is exempt from or given a lesser criminal penalty, the aggrieved party could still pursue a civil action for damages under Articles 19, 20, 21, or 26 of the Civil Code of the Philippines (governing human relations and damages for wrongful acts).
- Parents or guardians may be held subsidiarily liable for damages caused by the minor’s wrongdoing, based on the principle that they should exercise proper supervision over their children.

5. Procedural Aspects and Enforcement

Filing a Complaint for Slander or Bullying
- An offended party (or legal guardian in the case of minors) may file a complaint or incident report with the Barangay (for mediation), the school (for disciplinary action), or the police/prosecution office (if pursuing criminal charges).
- For relatively minor incidents, parties may seek mediation or settlement at the Barangay level under the Katarungang Pambarangay system.
Role of the Department of Social Welfare and Development (DSWD)
- If a minor is found to have committed an offense, the DSWD or local social welfare and development office typically becomes involved. They assess the child’s situation and recommend interventions, rehabilitation, or diversion programs as required by law.
Diversion Programs
- In cases where a minor is charged (for example, with serious slander or acts of bullying involving violence or threats), the law provides for diversion programs instead of traditional prosecution, especially for first-time offenders. The goal is to rehabilitate rather than to punish.
Case Docketing and Court Proceedings
- If the matter escalates beyond administrative measures or community-based interventions, it may be elevated to the courts. Family Courts (in cases involving minors) or Municipal/Regional Trial Courts (depending on the penalty) have jurisdiction.
- Proceedings typically maintain confidentiality to protect the minor’s welfare and privacy.

6. Potential Defenses in Slander Cases

Lack of Malice
- If the statement was made in good faith or without intention to malign, or under circumstances that negate malice (e.g., privileged communication), it can be used as a defense.
Truth as a Defense
- In defamation cases, truth may be raised as a valid defense provided it was shared with good motives and justifiable ends. However, in the context of a minor’s utterances, the distinction between truth and malicious statements still depends on the minor’s discernment.
Privileged Communication
- In certain instances (e.g., a teacher reporting a student’s conduct to the parents), statements might be considered “privileged” if made in the performance of a duty. This could limit liability for slander.

7. Rehabilitative and Preventive Measures

School-based Initiatives
- Beyond just punitive measures, schools are mandated to conduct seminars, counseling, and training on respect, responsible use of speech, and non-violent conflict resolution.
Community-based Interventions
- Local government units and NGOs often run programs aimed at rehabilitating and educating minors who display bullying or slanderous behavior.
- Parenting seminars or family counseling sessions may be mandated for parents to ensure improved supervision and guidance.
Cultural and Value-Oriented Programs
- The Department of Education (DepEd), in collaboration with the DSWD and other organizations, periodically integrates values formation in the curriculum to deter bullying and verbal harassment.

8. Practical Tips and Best Practices

For Parents and Guardians
- Monitor children’s activities (online and offline).
- Encourage respectful communication at home.
- Consult school authorities or child psychologists if signs of bullying or aggression appear.
For Schools
- Strictly implement the Anti-Bullying Act’s requirements, including establishing a committee on bullying or child protection.
- Provide channels for confidential reporting of bullying incidents.
- Ensure teachers and staff receive adequate training in spotting and addressing early signs of harassment.
For Potential Victims
- Document any incidents (take note of dates, times, and witnesses).
- Report incidents promptly to the appropriate authority (school or barangay).
- Seek legal counsel or assistance from child protection units if the bullying or slander persists or escalates.

9. Conclusion

Slander, as a form of oral defamation, and bullying—whether verbal or otherwise—take on intricate legal implications when committed by minors in the Philippines. The legal framework endeavors to protect individuals’ rights while emphasizing the rehabilitative approach for children in conflict with the law. Key statutes like the Revised Penal Code, the Juvenile Justice and Welfare Act, and the Anti-Bullying Act of 2013 shape how these incidents are addressed. Parents, schools, and community stakeholders all share responsibility in preventing, addressing, and resolving such matters effectively.

Ultimately, while the law imposes punitive measures for slander and bullying, it also seeks to rehabilitate minors through diversion, counseling, and educational programs—underscoring the belief that children should be guided toward responsible adulthood rather than simply punished.

Disclaimer: This article provides a general overview and does not constitute legal advice. For specific concerns or cases involving slander or bullying by minors, consulting a qualified Philippine attorney or child rights specialist is highly recommended.