Dear PAO,

What criminal case can I file against a person who stormed into my workplace and, in the most scandalous manner, accused me of being her husband’s mistress? The woman berated me in front of everyone, including my superiors at work. I would like to file a case against her not only because there is no truth to her allegations, but also because I want to regain my dignity after such a humiliating confrontation at my place of employment.

Gia

Dear Gia,

Article 358 of the Revised Penal Code provides:

“Art. 358. Slander. – Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise, the penalty shall be arresto menor or a fine not exceeding 200 pesos.”

In Daniel Victorio and Exequiel Victorio v. The Honorable Court of Appeals, GR 32836-37, May 3, 1989, the Supreme Court, speaking through Associate Justice Abdulwahid Bidin, defined Slander as “libel committed by oral (spoken) means, instead of in writing. [It is] the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.”

Meanwhile, the crime of Grave Slander is committed by uttering defamatory words which are of serious and insulting nature. To determine gravity of the oral defamation, our courts have repeatedly taken into account “(1) the expressions used, (2) the personal relations of the accused and the offended party, and (3) the circumstances surrounding the case,” as these tend to prove the intention of the offender at the time of utterance. (Noel Villanueva v. People of the Philippines and Yolanda Castro, GR 160351, April 10, 2006, Ponente: Associate Justice Minita Chico-Nazario)

In order to determine whether the remarks uttered during the confrontation you were subjected to fall within the scope of Slander under Article 358 of the Revised Penal Code, it must be established that the statements made against you consist of any of the following: “1) Words falsely spoken of a person which impute to the party the commission of some criminal offense involving moral turpitude for which the party, if the charge is true, may be indicted and punished; 2) Words falsely spoken of a person which impute that the party is infected with some contagious disease, where, if the charge is true, it would exclude the party from society; 3) Defamatory words falsely spoken of a person which impute to the party unfitness to perform the duties of an office or employment, or the want of integrity in the discharge of the duties of such office or employment; 4) Defamatory words falsely spoken of a party which prejudice such party in his or her profession or trade; and 5) Defamatory words falsely spoken of a person, which, though not in themselves actionable, occasion the party special damage.” (Pollard v. Lyon, 91 US 225, 1876)

We hope that we were able to answer your queries. This advice was solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.