Disclaimer: The following discussion is provided for general informational and educational purposes only, focusing on the Philippine legal context. It should not be construed as legal advice or a substitute for consultation with a qualified legal professional.

1. Introduction to Slander in Philippine Law

In the Philippines, “slander” is the commonly used term for oral defamation. It is punishable under the Revised Penal Code (RPC). Philippine defamation law covers both:

Oral defamation (slander), and
Written defamation (libel).

This discussion will focus on oral defamation (slander)—its legal basis, elements, penalties, defenses, and the general steps for filing a criminal complaint in the Philippines.

2. Legal Basis

2.1. Revised Penal Code Provisions

Article 358, Revised Penal Code (RPC) – Defines slander (oral defamation) and prescribes penalties.
Article 359, RPC – Defines slander by deed (acts not involving words but intended to cast dishonor or contempt). (While not purely “slander,” it shares conceptual similarities.)

2.2. Nature of the Offense

Slander is considered a crime against honor or reputation.
The key difference between slander and libel is the manner of communication:
- Slander: Spoken words or transitory gestures.
- Libel: Written, broadcasted, or electronically published statements.

3. Elements of Slander (Oral Defamation)

To establish the crime of slander under Philippine law, the following elements must typically be shown:

There was an imputation of a discreditable act or condition to another person.
The imputation was made orally (spoken words) or through gestures/actions that are not written or permanent.
Such imputation was public – that is, heard or perceived by someone other than the person defamed.
The imputation was malicious, meaning it was done with ill will or without justifiable motive.

4. Classification and Penalties

4.1. Simple Slander

Definition: A defamation that is not of a serious or grave character.
Penalty: Simple slander is generally penalized by arresto menor (imprisonment of 1 day to 30 days) or a fine.

4.2. Grave Slander

Definition: When the defamation is of a serious or insulting nature, the law characterizes the offense as “grave slander.”
Penalty: Grave slander is punished by arresto mayor (imprisonment of 1 month and 1 day to 6 months) or a fine, depending on the court’s discretion and the circumstances of the case.

Note: The distinction between simple and grave slander depends on:

The terms used,
The personal relations of the parties,
The circumstances under which the words were uttered,
The social standing or position of the person allegedly defamed, and
The seriousness of the imputation.

5. Defenses and Exceptions

5.1. Truth as a Defense

Unlike in libel, truth can be a defense only in certain instances and typically must be shown to have been made with good motives and for justifiable ends.
Because slander involves spoken words or gestures, proving the exact content and the context of the statements can be challenging.

5.2. Privileged Communication

Privileged communication generally applies more to written defamation but can also extend to certain contexts of oral statements, such as:
- Statements made in official legislative or judicial proceedings, provided the statements are relevant to the subject of inquiry.
- Fair comment on matters of public interest, made in good faith (though this typically arises more often in libel cases).

5.3. Other Defenses

Lack of malice: Arguing that the statements were not made with malice or ill intent.
Absence of defamatory imputation: The content of the statement is not actually defamatory.
Consent: In rare scenarios, if the complainant consented to the publication or utterance.

6. Filing a Slander Case in the Philippines

6.1. Steps in Initiating a Criminal Complaint

Gather Evidence
- Secure any recordings, witness statements, or any other documentation that proves (a) the content of the statements, (b) who made them, and (c) the presence of other persons who heard them.
Consult a Lawyer
- While optional, it is strongly advisable to consult a legal professional for guidance on whether you have a prima facie case for slander and to ensure compliance with procedural requirements.
File a Complaint-Affidavit
- Draft and execute a sworn Complaint-Affidavit detailing the facts of the incident, citing specific statements, context, and the time and place these were uttered.
- Attach all relevant evidence and the affidavits of witnesses (if available).
Submission to the Prosecutor’s Office
- Lodge the Complaint-Affidavit with the Office of the City or Provincial Prosecutor that has territorial jurisdiction over the place where the crime was allegedly committed (i.e., where the slanderous statements were uttered).
Preliminary Investigation
- The Prosecutor or Assistant Prosecutor will evaluate the Complaint and supporting evidence.
- The respondent (accused) will be required to file a counter-affidavit.
- If the Prosecutor finds probable cause, an Information (the formal charge) will be filed in court.
Arraignment and Trial
- Once an Information is filed, the court will issue a warrant or summons to the accused.
- At arraignment, the accused enters a plea of guilty or not guilty.
- A trial on the merits follows, where both prosecution and defense present evidence.

6.2. Venue

The venue is typically where the offending words were spoken and heard, because slander is deemed committed where the defamatory utterances were made publicly.

6.3. Prescriptive Period

Under Philippine law, crimes of oral defamation (slander) generally prescribe in six (6) months. This means a complaint must be filed within six months from the date of commission or discovery of the offense.
It is crucial to file as soon as possible to avoid potential issues with prescription.

7. Possible Civil Liability

Aside from the criminal aspect, a person alleging to have been slandered may file a separate civil action for damages under the Civil Code of the Philippines. This can be done:

Independently, or
In conjunction with the criminal case (by reserving the civil action when filing the criminal complaint).

Damages may include:

Moral damages (compensation for mental anguish or social humiliation),
Exemplary damages (to set an example if the defendant acted in a wanton or oppressive manner), and
Attorney’s fees, if awarded by the court.

8. Practical Considerations

Evidence Is Key
- Oral testimony from credible witnesses who heard the alleged slander is often crucial, especially if no audio/video recording exists.
- Consistency in the details of the place, date, and the exact words spoken strengthens a complainant’s case.
Negotiations and Settlement
- It is not uncommon for parties to attempt an amicable settlement before the filing of the Information or during the preliminary investigation stage.
Impact of Criminal Defamation Laws
- The Philippines’ criminal defamation provisions have been debated regarding freedom of expression. Nonetheless, they remain in effect, and convictions can carry a jail term or fine, affecting a defendant’s record and personal liberty.
Role of Barangay Conciliation
- For minor offenses, the Katarungang Pambarangay (Barangay Justice System) may require the parties to undergo mediation at the barangay level before a criminal complaint proceeds to the Prosecutor’s Office.
- The necessity of barangay conciliation depends on local legal procedures and the nature of the dispute.

9. Summary

Slander is oral defamation punishable under Article 358 of the Revised Penal Code in the Philippines.
It can be classified into simple slander or grave slander, depending on the seriousness and insulting nature of the statements.
To establish a case, one must show an imputation of a discreditable act or condition made publicly and maliciously.
Penalties for slander range from arresto menor to arresto mayor (or fines) based on the gravity of the offense.
A complaint is typically initiated by filing a sworn Complaint-Affidavit with the appropriate Prosecutor’s Office, followed by a preliminary investigation, and potentially court proceedings.
The prescriptive period for oral defamation is six (6) months, making timely filing crucial.
Complainants may also pursue civil damages for moral or exemplary harm caused by the defamatory statements.

Final Note: Since laws, procedural rules, and court interpretations can evolve, it is highly recommended to seek the advice of a licensed Philippine attorney for case-specific guidance and to ensure the correct and most up-to-date legal procedures are followed.