Philippine Law Provisions about Defamation

CT NO. 3815

AN ACT REVISING THE PENAL CODE AND OTHER PENAL LAWS
(December 8, 1930)

BOOK TWO
CRIMES AND PENALTIES

Title Three
CRIMES AGAINST PUBLIC ORDER

Chapter One
REBELLION, SEDITION AND DISLOYALTY

Art. 142.
Inciting to sedition. — The penalty of prison correctional in its maximum period and a fine not exceeding 2,000 pesos shall be imposed upon any person who, without taking any direct part in the crime of sedition, should incite others to the accomplishment of any of the acts which constitute sedition, by means of speeches, proclamations, writings, emblems, cartoons, banners, or other representations tending to the same end, or upon any person or persons who shall utter seditious words or speeches, write, publish, or circulate scurrilous libels against the Government (of the United States or the Government of the Commonwealth) of the Philippines, or any of the duly constituted authorities thereof, or which tend to disturb or obstruct any lawful officer in executing the functions of his office, or which tend to instigate others to cabal and meet together for unlawful purposes, or which suggest or incite rebellious conspiracies or riots, or which lead or tend to stir up the people against the lawful authorities or to disturb the peace of the community, the safety and order of the Government, or who shall knowingly conceal such evil practices. (Reinstated by E.O. No. 187).

Art. 358. Slander (Oral Defamation)

I. Concept: It is understood as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood

II. Oral or verbal Defamation is of two kinds: (1) Grave when it is of a serious and insulting kind or (2) Simple

A. Factors to consider:

1. The expression used including their sense, grammatical significance and accepted ordinary meaning
2. The personal relations of the accused and the offended party, as when both are bitter enemies
3. The special circumstances of the case and its antecedents, such as the time, place and occasion of the utterances, persons present
4. The social standing and position of the offended party

B. Words uttered in the heat of anger or in a quarrel, with some provocation on the part of the victim, is simple slander.

Example: The refusal of the Mayor, without valid justification to approve the monetization of accrued leaves of the accused led the latter to utter scathing words against the Mayor, which utterances were considered slight as the said refusal was deemed sufficient provocation (Villanueva vs. People, April 10, 2006)
III. The victim may not have heard the words, it is enough that a third person heard them.

IV. Words uttered in one occasion and place and directed at several persons not mentioned individually constitute only one offense.

V. Words used as expletives ( i.e.to express anger, displeasure, are not defamatory)
1. Example: the words “Puta, Putang Ina Mo” are common enough expressions in the dialect that are often employed, not really to slander but rather to express anger or displeasure. It is seldom, if ever, taken in its literal sense by the hearer, that is, as a reflection on the virtues of the mother “(PP. vs. Reyes quoted in Villanueva vs. PP)

Art. 359. Slander By Deed.

I. The performance of any act which shall cast dishonor, discredit or contempt upon another person. Depending upon the seriousness of the act, the time, place, occasion, the character of the victim, it is either Grave or Light.
II. If it is not proven that the purpose of the act is to humiliate or embarrass the act may either be maltreatment or unjust vexation.

III. Poking a dirty finger ordinarily connotes the phrase “Fuck you” which is similar to the expression “Puta” or “Putang Ina Mo” and, when there is provocation from the victim, is simple slander by deed ( Viilanueva vs. Pp)