Dear Attorney,

I have a concern regarding someone I know who posted parts of a private conversation we had online. Along with the post, they called me names like "stupid." This situation is making me feel uncomfortable and they are even threatening to report me to the barangay. What should I do? Is there any legal action I can take?

Sincerely, Concerned Citizen

Insights

In the Philippines, defamation is governed by Articles 353-362 of the Revised Penal Code (RPC), and it covers both libel and slander. Defamation occurs when a person, without just cause, discredits or dishonors another person through any false statement made publicly, orally, or in writing. When the defamatory remark is made in writing or other forms of communication such as social media, it is called libel. If the defamatory remark is made verbally, it is classified as slander.

Libel under Philippine Law

Libel, as stated under Article 353 of the RPC, is defined as “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.”

Libel must meet four key elements:

Imputation: The defamatory remark must involve an accusation that damages a person’s reputation or standing in the community.
Malice: The statement must have been made with the malicious intent to discredit or harm the individual. Even if the person posting the message claims it is true, it can still be considered malicious if it was unnecessary or intended to cause harm.
Publication: For libel to occur, the defamatory content must have been communicated to a third party. Posting on social media qualifies as publication.
Identifiable Victim: The victim must be clearly identifiable or named, either directly or through insinuations that clearly point to a specific person.

In the context of social media posts, sharing private conversations publicly may be considered libelous if the posted content fulfills the elements mentioned above. Moreover, if the person calling you "stupid" or other offensive names causes you dishonor, discredit, or contempt, this could constitute a defamation claim.

Slander and Slander by Deed

While libel covers written or online defamatory remarks, slander applies to oral statements. Article 358 of the RPC defines slander as the utterance of defamatory words in a transitory form, such as through speech. In this case, if someone insults or calls you names in person, it can be classified as slander, provided it causes damage to your reputation or feelings.

There is also a specific offense called slander by deed (Article 359), which refers to an act that dishonors or humiliates another person publicly. This might be relevant in cases where, aside from the defamatory remarks, there are physical acts or gestures that bring about public humiliation.

Filing a Barangay Complaint: The Katarungang Pambarangay System

In cases where the dispute involves personal insults or defamatory acts, it is common in the Philippines to first attempt settlement through the Katarungang Pambarangay system. This system, governed by the Local Government Code (Republic Act No. 7160), allows disputes between private individuals to be settled at the barangay level, before any court case can be filed.

Barangay officials, through a process known as conciliation, will attempt to mediate and resolve the issue. If no settlement is reached, a certificate to file action will be issued, allowing the complainant to pursue the case in court. The threat to file a barangay blotter or report is often used as leverage in personal disputes, but it should not be taken lightly, as failure to attend barangay hearings may result in unfavorable outcomes in the legal proceedings.

Cyber Libel in the Philippines

With the rise of social media and digital platforms, the crime of cyber libel has also become a prominent legal issue. Cyber libel is governed by Republic Act No. 10175, also known as the Cybercrime Prevention Act of 2012. Under this law, libel committed through computer systems (including social media posts) is punishable by imprisonment, with penalties generally being one degree higher than those imposed for traditional libel under the RPC.

For a successful cyber libel claim, the same elements of imputation, malice, publication, and identifiable victim must be present. Since the incident described involves posting on social media, the offended party could file a case for cyber libel if the post is proven to be malicious and damaging to the complainant’s reputation.

Defenses Against Libel and Slander

There are certain defenses to defamation charges, including:

Truth: If the statement is proven to be true and the person who made the statement had a lawful purpose, this may be a defense. However, this defense is only valid if the publication was made with good motives and for justifiable ends.
Privileged Communication: There are certain communications considered privileged under the law, such as those made in legislative or judicial proceedings, or official statements by public officers. Statements made in the heat of an argument may also be considered non-actionable if they do not cause real and lasting damage to the reputation.
Lack of Malice: If the statement was made without malicious intent, a defamation claim may not succeed. This applies in cases where comments or opinions are made in good faith and with no intent to cause harm.

Legal Remedies for Defamation Victims

If you are a victim of libel or slander, there are several remedies available:

Filing a Criminal Complaint: You can file a criminal case for libel or slander in a local court. Depending on the nature of the defamatory act, the offender may face fines and imprisonment.
Filing a Civil Case for Damages: Apart from criminal charges, you may file a civil case for damages, claiming compensation for emotional distress, lost income, or damage to your reputation caused by the defamatory remarks.
Seek a Writ of Habeas Data: If the defamatory post involves unauthorized use of your personal data, you may file a petition for a writ of habeas data, a legal remedy that allows individuals to seek the deletion or removal of false or damaging personal information from public access.

Conclusion

Defamation, whether through libel, slander, or cyber libel, is a serious offense under Philippine law. Victims of defamatory remarks can seek both criminal and civil remedies, but it is often advisable to explore the barangay conciliation process first. Given the rise of social media disputes, cyber libel has become a particularly significant issue, with legal consequences for those who misuse digital platforms to harm others' reputations. Legal assistance should always be sought to evaluate the facts of a case and the appropriate course of action.