Insulting words per se not actionable as oral defamation
DearPAO, I was drinking with friends in front of my house when we saw Ad or. He and I hold grudges against each other, but I still invited him to join us. However, he uttered thewords,“Mukha mo!” Iwas insulted by what he said in front of my friends, so I am contemplating fi LING A CRIMINAL COMPLAINT FOR ORAL defamation against him. Is there a defamatory remark uttered by Adorinthiscase?
Kiko
Dear Kiko,
Oral defamation is a crime punishable under Section 94 of Republic 10951, which amended Article 358 of the Revised Penal Code of the Philippines. Under the said provision of law, it is stated:
“Oral defamation shall be punished by arresto mayor in its maximum period to prisión 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 Twenty thousand pesos (P20,000).”
The said crime is further explained by the court in its decision entitled Ramosvs.Peopleofthe Philippines (GR 226454, Nov. 20, 2017) where the Supreme Court through Associate Justice Estela Perlas-Bernabe stated:
“Oral Defamation or Slander is libel committed by oral (spoken) means, instead of in writing. It is defined as “the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.” The elements of oral defamation are: (1) there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstances; (2) made orally; (3) publicly; (4) and maliciously; (5) directed to a natural or juridical person, or one who is dead; (6) which tends to cause dishonor, discredit or contempt of the person defamed. Oral defamation may either be simple or grave. It becomes grave when it is of a serious and insulting nature.
“An allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary or any act, omission, condition, status or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of one who is dead. To determine whether a statement is defamatory, the words used in the statement must be construed in their entirety and should be taken in their plain, natural and ordinary meaning as they would naturally be understood by persons reading them, unless it appears that they were used and understood in another sense. It must be stressed that words which are merely insulting are not actionable as libel or slander per se, and mere words of gene ral abuse however opprobrious, ill-natured, or vexatious, whether written or spoken, do not constitute a basis for an action for defamation in the absence of an allegation for special damages. The fact that the language is offensive to the plaintiff does not make it actionable by itself.”
Applying the above-cited decision in your situation, the words “Mukhamo!” which Ador uttered in front of your friends are not defamatory. The said words must be construed in their entirety and should be taken in their plain, natural and ordinary meaning as understood by person hearing or reading them. Thus, the words “Mukhamo!” may be insulting or offensive to you, but insulting words per se are not actionable as oral defamation.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.