Dear Attorney,

I hope this message finds you well. I am writing to ask about the matter of slander by deed, specifically how much bail might be set in such a case here in the Philippines. I recently came across a situation that prompted my interest in understanding the legal provisions, penalties, and procedures surrounding this particular offense. While I do not wish to disclose specific names of individuals or entities to protect their privacy, I would sincerely appreciate any guidance you could offer. My concern centers on the bail aspect—“Magkano ang piyansa sa kasong slander by deed?”—and the relevant steps one should take if ever faced with this issue.

Thank you for taking the time to read my query. I value your expertise and look forward to your thorough explanation on this matter.

Respectfully,
A Concerned Citizen

INTRODUCTION

Slander by deed, while less commonly discussed compared to oral defamation (slander) or written defamation (libel), remains a significant offense under Philippine law. Sometimes referred to as “calumny” by deed, it is an act that tends to dishonor, discredit, or disrespect another person through means other than mere words. In the Philippines, it falls under the category of crimes against honor in the Revised Penal Code (“RPC”). While people usually speak of slander in its verbal context, slander by deed emphasizes actions—gestures, movements, or any physical act—that maliciously degrade another’s dignity or reputation.

This comprehensive legal article aims to provide a meticulous explanation of (1) the definition of slander by deed under Philippine law, (2) its elements, (3) its penalties, (4) the bail process and amount, and (5) relevant considerations if one is accused or wishes to file a complaint for slander by deed. The intention is to present crucial aspects of the offense and, crucially, to clarify the matter of bail (“piyansa”) that arises when an accused is charged with slander by deed.

DEFINITION AND ELEMENTS OF SLANDER BY DEED

Under the Revised Penal Code of the Philippines, crimes against honor include libel (Article 353), slander or oral defamation (Article 358), and slander by deed (Article 359). Although the precise text of Article 359 can be succinct, legal scholars and jurisprudence have elaborated on its essence. Slander by deed is defined as:

“Any act (not falling under the other provisions of the RPC) which, by its very nature, dishonors, discredits, or causes contempt against another person.”

In simpler terms:

Act – There must be a physical deed or gesture, such as spitting, throwing an object, or any form of direct physical affront, that tends to damage the dignity of the offended party.
Malice or Intent – The doer must have intended to dishonor or ridicule the offended party. This malicious intent can sometimes be inferred from the circumstances (e.g., the act was accompanied by insulting words or occurred in front of a crowd).
Effect – The act must publicly dishonor or cast contempt upon the victim. The law does not require direct physical harm but focuses more on the defamation or insult carried out by an act rather than mere speech.

Crucially, the difference between slander by deed and the other defamation offenses is the involvement of physical action beyond uttered or published statements. If an individual does something to ridicule or disgrace another (for example, forcibly removing the victim’s hat in public in a mocking manner or subjecting them to a humiliating scenario by deed), it could constitute slander by deed. It is unnecessary for the deed to result in injuries that would fall under physical injuries; rather, it is the public display of contempt that the law primarily aims to address.

PENALTIES UNDER THE REVISED PENAL CODE

1. Penalties for Slander by Deed
Article 359 of the RPC classifies slander by deed as punishable by arresto mayor or arresto menor depending on the gravity of the act and the resulting damage to the person offended. Specifically:

Arresto Mayor ranges from one (1) month and one (1) day to six (6) months of imprisonment.
Arresto Menor ranges from one (1) day to thirty (30) days of imprisonment.

The distinction between the two penalties arises from the seriousness of the offense. If the slanderous act is of a serious nature—disgraceful, humiliating, or extremely offensive—courts are more likely to impose the higher penalty of arresto mayor. If the deed was relatively less offensive or humiliating, the penalty might be reduced to arresto menor.

2. Fines
In addition to imprisonment, the court may impose a fine. However, the amount of the fine largely depends on jurisprudence and the court’s determination of damage inflicted on the offended party. In practice, these fines are not exceedingly large, but the court has discretion to award an amount commensurate with the wrong done.

3. Civil Liability
When a crime involving defamation or insults is committed, the offended party also has the right to claim damages in a civil suit. Such damages might include moral damages, nominal damages, or exemplary damages if the circumstances warrant. For instance, if the slanderous deed gravely injured the victim’s reputation or subjected them to severe public humiliation, courts are inclined to award a higher sum in moral damages. This liability is separate from and in addition to the criminal liability, though it may be settled together in what is often referred to as a criminal case with civil aspects.

BAIL (PIYANSA) IN SLANDER BY DEED CASES

1. General Principles of Bail in the Philippines

Bail is a constitutional right in the Philippines except for offenses punishable by reclusion perpetua (life imprisonment) when the evidence of guilt is strong. In the context of slander by deed, since the penalty is generally only up to six (6) months of imprisonment (arresto mayor) for the more serious forms, the accused is clearly entitled to bail as a matter of right.

Under Rule 114 of the Rules of Court, bail is intended to guarantee that the accused will appear before the court. It is not a means of punishing the accused prior to conviction. Consequently, for bailable offenses (i.e., those not punishable by life imprisonment or death), the court is bound to grant bail upon the accused’s proper application and payment of the required amount.

2. Bail Amount Determination

Bail amounts in the Philippines can vary based on:

Bail Bond Guide or Bail Bond Schedule – The Supreme Court of the Philippines and the Department of Justice (DOJ) sometimes provide guidelines (commonly referred to as a “bail bond schedule”) indicating suggested bail amounts for specific offenses.
Judicial Discretion – The judge handling the case has the discretion to set a higher or lower amount depending on circumstances such as the accused’s financial ability, the likelihood of flight, and the severity of the offense’s impact on the community.

For slander by deed, because it typically carries a penalty of arresto mayor (up to six months), the recommended bail amount is often on the lower end. A standard or typical amount might range in the low thousands of pesos (e.g., PHP 6,000 to PHP 10,000), though some courts might set it a bit higher if they find aggravating factors or if the local bail bond schedule sets a standard rate. The amounts can change over time, and different courts in various jurisdictions sometimes have their own slightly varying guidelines. But, in general, you can expect that bail for slander by deed—absent extraordinary or aggravating circumstances—will not be exceedingly high compared to more serious offenses like serious physical injuries or homicide.

3. Conditions for Bail

Upon posting bail, the accused must comply with several conditions:

Appear in court on all required trial dates;
Refrain from leaving the Philippines without court permission;
Avoid committing any other offenses while on provisional liberty;
Comply with any other specific conditions the court may impose.

Failing to follow these conditions can lead to the cancellation or forfeiture of the bail, and the accused might be placed in custody until the case is resolved.

PROCEDURE FOR APPLYING FOR BAIL

Filing the Application
- After the accused is charged with slander by deed, they may file a petition for bail before the court that has jurisdiction over the offense. This usually happens after the prosecutor files the Information in court.
Summary Hearing
- Although slander by deed is a bailable offense as a matter of right, the court may still conduct a summary hearing to confirm that the offense is not punishable by reclusion perpetua (in this case, it is not). This is a procedural step, typically straightforward for minor offenses.
Determination of the Bail Amount
- The judge refers to the bail bond schedule and the relevant case facts. The accused’s financial capacity might be considered, as well as any flight risk. If the accused does not pose any significant flight risk and has a stable residence, the bail amount could be aligned with the standard recommended amount. The bail can be in the form of a cash bond or a surety bond secured through a bondsman.
Posting of Bail
- Once the court approves the amount, the accused (or an authorized representative, like counsel or a bondsman) posts the bail with the court’s cashier or the designated office. A certificate of release might then be issued.
Release of the Accused
- After the court acknowledges the bail, the detention facility (if the accused was previously detained) is informed. The accused is then released on bail, with instructions to attend all subsequent trial dates.

FACTORS THAT MIGHT AFFECT THE BAIL AMOUNT

Aggravating or Mitigating Circumstances
If the court perceives aggravating circumstances (e.g., the act was performed in a very public setting, or the offender has a criminal history), it might impose a higher bail amount. Conversely, mitigating factors (e.g., good faith, no prior record, or the accused having voluntarily surrendered) might lower the bail.
Presence of Other Charges
If the accused faces multiple charges (e.g., if a physical injury also occurred during the incident), the total bail amount could be higher since it would aggregate bail for each offense.
Local Court Policy
Different Regions, Prosecutors, and Judges sometimes have slight variations in their standard bail amounts. One must consult the local practice or the clerk of court for a more accurate estimate.

DEFENDING A SLANDER BY DEED CASE

If you find yourself accused of slander by deed, the following defenses and considerations may come into play:

Absence of Malice
Demonstrating that your act did not intend to dishonor or disgrace the other party is crucial. If there was no malice, there is no crime of slander by deed.
Justifying Circumstances
If your action was in the exercise of a lawful right or if it was done in self-defense (e.g., you touched or pushed the complainant because of a legitimate threat), you could argue that it does not constitute slander by deed.
Evidence to Contradict the Allegation
Presenting witness testimony, CCTV footage, or other forms of evidence to show that what transpired did not demean the complainant’s honor or that no humiliating gesture transpired is vital. Lack of evidence from the prosecution or contradictory testimony can bolster your defense.
Questions on Public Setting or Publication
Similar to defamation, the humiliating act must be “public” or at least “known to others.” If the alleged conduct happened in private without any audience or publicity, it might be argued that no dishonor occurred. This line of argument can be crucial, as defamation laws often rely on public or at least third-party knowledge.

FILING A COMPLAINT FOR SLANDER BY DEED

For those who believe they are victims of slander by deed:

Go to the Barangay (If Applicable)
For less serious offenses, the first step might be a conciliation effort at the barangay level under the Katarungang Pambarangay law, unless the offense took place where barangay conciliation is no longer required, or the parties do not share the same barangay.
File a Complaint-Affidavit
Draft a complaint-affidavit narrating the facts and attach evidence or affidavits of witnesses. Submit this to the Office of the City or Provincial Prosecutor for preliminary investigation.
Await the Resolution
The Prosecutor’s Office will either:
- File an Information against the respondent in court if it finds probable cause; or
- Dismiss the complaint if it believes there is no probable cause.
Attend the Trial
If the prosecutor decides to pursue the case, you will be notified of the arraignment, pre-trial, and trial dates. It is essential to cooperate fully and provide all necessary evidence.
Civil Aspects
If you are seeking damages, you can file a separate civil action or reserve your right to recover civil damages in the criminal case itself. This ensures you can claim moral or exemplary damages where appropriate.

JURISPRUDENCE AND CASE PRECEDENTS

Though not as widely litigated as other crimes, Philippine jurisprudence has established important precedents:

Requirement of Malice
Courts have consistently ruled that malice is key in crimes against honor. In the absence of malicious intent to insult, shame, or degrade, slander by deed does not stand.
Deed Must Be Defamatory
The act must be calculated to produce the effect of dishonoring the victim, not just any act that inconveniences the victim.
Substantial Evidence
Allegations must be supported by substantial evidence. Courts often require testimony from neutral witnesses or a clear demonstration that the defendant’s action was humiliating.
Penalties Are Proportionate
Courts exercise discretion in imposing imprisonment (arresto mayor or arresto menor), fines, and awarding civil damages. More serious, deliberate, and extremely offensive acts garner higher penalties and damages.

FREQUENTLY ASKED QUESTIONS (FAQS)

Q1: How exactly is slander by deed different from unjust vexation?

Answer: Unjust vexation under the RPC punishes acts that cause annoyance, irritation, torment, or distress without a legitimate purpose. Slander by deed specifically targets defamatory acts that degrade one’s honor or reputation. If the primary harm is to dignity or public image, slander by deed is more appropriate. If it is simply an act causing annoyance or inconvenience, it might be classified as unjust vexation.

Q2: Is bail always granted immediately upon request for slander by deed?

Answer: Generally, yes, because it is not punishable by reclusion perpetua or life imprisonment. However, procedural steps must be followed. One cannot simply declare the desire for bail and walk out; they must comply with court procedures, file for bail, and wait for the court’s approval (which is usually swift if there is no flight risk).

Q3: What if the accused cannot afford the bail amount?

Answer: The accused may request the court to reduce the bail by showing proof of indigency or financial incapacity. Courts often grant reduced bail for minor offenses if the accused demonstrates genuine financial hardship.

Q4: Can I file both a criminal complaint for slander by deed and a civil lawsuit for damages?

Answer: Yes. Under Philippine law, there is a concept of a criminal action having a civil aspect. You can either file the civil action separately or have it attached to the criminal case. The law allows the offended party to recover damages in the same proceeding if the complaint is properly made.

Q5: Could an apology or settlement mitigate the offense?

Answer: Yes. If the offender acknowledges the wrongdoing and the offended party accepts the apology or agrees to settle, it can lead to an amicable resolution. Parties often enter a settlement (especially during the barangay conciliation stage) which can extinguish the criminal action for certain minor offenses. However, for crimes involving public interest, a settlement might not always automatically dismiss the case, but it can be a strong basis for the offended party to withdraw the complaint or for the prosecutor to reduce charges.

PRACTICAL TIPS AND CONSIDERATIONS

Seek Early Legal Advice
Regardless of whether you are the accused or the offended party, consulting a competent lawyer at an early stage is crucial. This allows you to avoid pitfalls, preserve evidence, and understand your rights thoroughly.
Document Everything
Keep a record of all communications, including any threats or admissions from the opposing side. Video or photographic evidence of the incident can be invaluable. Witness statements also significantly affect the strength of a case.
Understand Court Etiquette
In Philippine courts, proper decorum is essential. Dressing appropriately, addressing the judge respectfully, and maintaining composure reflect one’s regard for the legal process. This can subtly impact how your case is perceived.
Consider Alternative Dispute Resolution
Slander by deed cases, being relatively minor crimes in terms of penalty, often see resolution at the barangay level or through compromise. While not guaranteed, it is pragmatic to explore settlement if it aligns with your interests, especially when the alleged act might have been the product of a misunderstanding.
Bail Options
Familiarize yourself with the process of posting bail, especially if you suspect that you may be arrested. Having a reputable bondsman or the funds necessary on hand expedites the process. Don’t forget that bail is returned (if posted in cash) once the trial concludes, provided there was no breach of conditions.
Stay Informed
The laws and schedules related to bail can evolve. Keep abreast of updates from the Supreme Court and the Department of Justice. Sometimes new circulars or guidelines can influence the amounts or procedures for bail.

CONCLUSION

In the context of Philippine jurisprudence, slander by deed remains an important safeguard against actions that publicly humiliate or degrade an individual. The law underscores the protection of one’s reputation and dignity through penal sanctions—arresto mayor or arresto menor, with possible fines and civil liabilities. For those who find themselves charged with this offense, bail is typically granted as a matter of right, reflecting the relatively light penalty for this crime compared to more serious felonies. The bail amount, while influenced by local guidelines and judicial discretion, is generally not excessive, often found in the low thousands of pesos if no aggravating circumstances exist.

As with any criminal matter, the best recourse is to remain calm, consult with legal experts, and follow due process. For potential complainants, ensuring that the act indeed constitutes defamation by deed, gathering evidence, and cooperating with the prosecutor are crucial steps. Whether accused or aggrieved, understanding the fundamentals of slander by deed, its defenses, the bail process, and potential remedies will help navigate the intricacies of the Philippine legal system with clarity and confidence.

The question “Magkano ang piyansa sa kasong slander by deed?” may have a short and simple answer—usually a few thousand pesos, depending on the court’s discretion—but the broader context involves knowing the substance of the crime, the defenses, and the procedures for bail and trial. Ultimately, knowledge of the law empowers individuals to uphold their rights and dignity within the legal landscape of the Philippines.