Below is a general legal discussion on slander and physical injuries under Philippine law. This write-up is intended to provide an overview of relevant statutes, key concepts, legal procedures, and possible defenses. It does not constitute legal advice. For specific questions regarding individual circumstances, it is best to consult a qualified attorney.

I. SLANDER (ORAL DEFAMATION)

A. Legal Basis

Revised Penal Code (RPC) – The crime of slander (oral defamation) is penalized under Article 358 of the Revised Penal Code of the Philippines.
Related Offenses – Philippine law recognizes two forms of defamation:
- Libel (Article 353, RPC) – Defamation through writing, printing, radio, television, or similar means.
- Slander or Oral Defamation (Article 358, RPC) – Defamation expressed verbally.

B. Elements of Oral Defamation

To establish the crime of slander, the following elements must be proven:

Imputation of a Discreditable Act or Condition – The offender utters a statement that attributes a discreditable act or condition to another person.
Publicity – There is a communication of the statement to a third person (i.e., someone other than the person defamed).
Malice – The statement was made maliciously, meaning the offender has no lawful excuse and intends to injure the reputation of the person defamed.

C. Classification of Oral Defamation

Simple Slander – A defamatory remark not considered as ‘grave.’
Grave Slander – One that is of a serious or insulting nature that tends to bring dishonor or contempt upon the offended party.
- The determination of whether a statement rises to “grave” or remains “simple” slander depends on the circumstances, the words used, the relation of the parties, the social standing of the victim, and other relevant facts.

D. Penalties

Article 358, RPC – Provides for the penalties for oral defamation. In general:
- Simple Slander is punished by arresto menor (imprisonment of one day to 30 days) or arresto mayor in its minimum period (one month and one day to two months), depending on the courts’ determination.
- Grave Slander carries a more serious penalty, often arresto mayor in its maximum period to prisión correccional in its minimum period (ranging roughly from four months and one day to two years and four months).
- Fines may also be imposed, or the court may consider both imprisonment and fine, depending on the specific factual circumstances.

E. Defenses in Slander Cases

Truth – Generally a complete defense in defamation suits concerning matters of public interest (more commonly used in libel cases), but in oral defamation, truth must be coupled with good motives and justifiable ends.
Privileged Communication – Certain statements made in congressional debates, judicial proceedings, or other lawful occasions are considered privileged. Absolute privilege (e.g., statements made by legislators in Congress) cannot be used to form the basis of a defamation claim.
Lack of Malice – If the utterance was not made with ill intent and was based on a legitimate or innocent purpose (e.g., official performance of duty), it could serve as a defense.
Consent – If the person allegedly defamed agreed to or acquiesced in the utterances, defamation might not be actionable.

F. Civil Liability

Apart from criminal liability, a civil action can be filed to claim damages for the injury to one’s honor, reputation, and moral suffering.
The Revised Penal Code imposes the civil liability arising from the crime as an automatic consequence unless there is a separate arrangement or settlement.

II. PHYSICAL INJURIES

A. Legal Basis

Physical injuries are covered under Articles 262 to 266 of the Revised Penal Code. They range from slight physical injuries to less serious physical injuries and serious physical injuries, depending on the degree of harm caused to the victim.

B. Categories of Physical Injury Offenses

Serious Physical Injuries (Article 263, RPC)
- This applies when the victim suffers significant or permanent injury such as:
  - Loss of a sense (e.g., sight, hearing, speech) or the use of an arm or a leg.
  - Incapacity for work for more than 90 days.
  - Deformity or loss of a body part.
- The penalties for serious physical injuries vary depending on the specific result of the injuries (e.g., deformity vs. loss of the power to hear vs. incapacity for labor for more than 90 days).
Less Serious Physical Injuries (Article 265, RPC)
- Applicable where the injuries result in:
  - Incapacity to work or attend to personal duties for 10 days or more but not more than 30 days, OR
  - Required medical attendance for the same period (10 to 30 days).
- Punished by arresto mayor (imprisonment of one month and one day to six months).
Slight Physical Injuries (Article 266, RPC)
- Occurs when the harm does not prevent the victim from working or performing normal activities for more than 9 days.
- Also includes ill-treatment of another by deed without causing any injury (e.g., minor bruises, forceful shoving).
- Punished generally by arresto menor (one day to 30 days imprisonment), and/or fine, depending on the circumstances.

C. Aggravating or Qualifying Circumstances

In determining the penalty, courts also consider aggravating circumstances such as:

Use of a deadly weapon (e.g., firearm, knife).
Treacherous means (sa alevosía).
Superior strength or the involvement of multiple aggressors.
Relationship (e.g., if the offender is an ascendant or spouse, it may qualify as a violation of special laws, such as the Anti-Violence Against Women and Their Children Act, R.A. 9262).

D. Procedure and Remedies

Filing a Criminal Complaint – The victim can file a complaint for physical injuries before the Office of the City or Provincial Prosecutor (or with the barangay for certain settlement procedures if applicable under the Katarungang Pambarangay Law).
Barangay Conciliation (Katarungang Pambarangay) – If the parties reside in the same city/municipality, certain disputes (including slight or less serious physical injuries) may require barangay conciliation first, unless the offense is not covered by the barangay justice system.
Investigation and Prosecution – The Prosecutor’s Office conducts preliminary investigation to determine probable cause. If filed in court, the accused must plead to the charges, and a full trial ensues.
Civil Liabilities – Similar to slander, a civil action to recover damages can accompany the criminal action.

III. INTERSECTION OF SLANDER AND PHYSICAL INJURIES

A. Common Scenario

A frequent question is whether a single incident can involve both slander and physical injuries—e.g., if one person shouts defamatory statements and subsequently assaults another during a single altercation. In such cases:

Two Separate Offenses – The offended party could pursue separate charges: one for oral defamation and another for physical injuries, provided that each element of the crimes is met.
Potential Administrative or Civil Liability – In addition to criminal charges, the offending party may face:
- Administrative liability (if the offender is a public officer, a teacher, or someone bound by a code of conduct).
- Civil action for damages (in defamation or personal injury).

B. Legal Strategy and Advice

Victims should document evidence (medical reports, witness testimonies, recorded statements if any, police blotter entries, etc.).
If the injured party chooses to settle with the offender, this must be in writing and properly notarized, especially if it involves dropping or compromising the criminal aspect.
For slander incidents, it is equally important to secure statements from witnesses who heard the defamatory remarks. Audio or video recordings (if lawfully obtained) can also be crucial.

IV. FINAL REMINDERS

Criminal vs. Civil Actions – In the Philippines, criminal actions under the Revised Penal Code automatically carry with them civil liability for damages, unless waived or there is a reservation to file a separate civil case.
Prescriptive Periods
- For slander (oral defamation), the offended party must generally file a complaint within six (6) months, although nuances can apply.
- For physical injuries, prescriptive periods vary depending on whether the offense is slight, less serious, or serious. It is critical to file complaints within the prescribed periods to avoid losing the right to prosecute.
Katarungang Pambarangay – Before going to court for offenses punishable by imprisonment of up to one year (e.g., slight physical injuries, slight oral defamation), the parties may be required to undergo conciliation proceedings at the barangay level. If settlement fails, the barangay issues a Certification to File Action, which will allow the parties to proceed with court action.
Legal Counsel – Due to the complexity of both crimes and the nuances of potential defenses (especially regarding defamation’s malice requirement and the classification of injuries), it is always prudent to seek professional legal advice.

Conclusion

In the Philippines, slander (oral defamation) and physical injuries are criminal offenses under the Revised Penal Code. Slander involves damaging one’s reputation through spoken words, while physical injuries focus on bodily harm inflicted on a person. Both offenses carry not only criminal penalties (imprisonment and/or fine) but also civil liabilities for damages. Individuals who have been defamed or harmed should consider the appropriate evidentiary and procedural steps—filing a police report, seeking medical documentation, procuring witness statements, and consulting legal counsel—to ensure they can adequately protect their rights and pursue the remedies afforded by law.