Dear PAO,
A lady went to our house and claimed that she has an affair with my father. She said demeaning and obscene words
against him in front of a lot of people. Later, we found out that
everything she said were all lies. May she be held criminally liable for
her act?
MC
Dear MC,
In recognition of the value of a
person’s honor and reputation, our Revised Penal Code makes it criminal
the act of a person in publicly and maliciously imputing a crime, vice
or defect, whether real or imaginary or the 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 already dead. The crimes relating to the uttering of
slanderous or defamatory remarks are classified into three: written
defamation or libel (Article 355, Revised Penal Code), oral defamation
or slander (Article 358, ibid) and defamation by overt acts or slander
by deed (Article 359, ibid). These crimes have the following common
elements: 1) there must be an imputation of a crime, or of a vice or
defect, real or imaginary, or any act, omission, condition, status or
circumstance; 2) that the imputation must be made publicly; 3) that it
must be malicious; 4) that the imputation must be directed at a natural
or juridical person, or one who is dead; and 5) that the imputation must
tend to cause the dishonor, discredit or contempt of the person defamed
(Luis B. Reyes, Revised Penal Code, Book II (13th Ed.), page 841).
The
lady who went to your house and imputed demeaning and obscene remarks
against your father may be held liable for the crime of oral defamation
defined and punished under Article 358 of the Revised Penal Code, to
wit:
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.
Oral
defamation or slander has been defined as the speaking of base and
defamatory words which tend to prejudice another in his reputation,
office, trade, business or means of livelihood (Victorio vs. Court of
Appeals, G.R. Nos. L-32836-37 citing 33 Am. Jur. 39). In determining
whether the offense committed is serious or slight oral defamation, the
sense and grammatical meaning of the utterances and the special
circumstances of the case like the social standing or the advanced age
of the person defamed are considered (Larobis vs. Court of Appeals, G.R.
No. 104189, March 30, 1993).
source: Manila Times' Column by
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