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ARTICLE 358

SLANDER
Article 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.

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WHAT IS
SLANDER?
× Oral defamation
× Speaking of base and defamatory words which
tend to prejudice another in his reputation,
office, trade, business or means of livelihood.
× Libel committed by oral (spoken) means.
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1. Simple slander
2. Grave slander, when it is of a serious and
insulting nature

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1. Expressions used
2. Personal relation of the accused and the
offended party
3. Circumstances surrounding the case
4. Social standing or position of the offended
party
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× Words uttered in the heat of anger or in a quarrel,
with some provocation on the part of the victim, is
simple slander.
× Words uttered in one occasion and place and directed
at several persons not mentioned individually
constitute only one offense.

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× The slander need not be personally heard by the
offended party.
× Words used as expletives to express anger,
displeasure, are not defamatory.

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CASES
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Ratio: The charge of oral defamation stemmed from the utterance
of the words, "Agustin, putang ina mo". This is a common enough
expression in the dialect that is 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 a mother. In the instant case, it should be viewed
as part of the threats voiced by appellant against Agustin Hallare,
evidently to make the same more emphatic.

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Appellant called the complainant, who is the Vice Mayor of
Concepcion, Tarlac, "Magmalinis ka, ena ka man malinis, garapal
ka.” and pointed a dirty finger at her. He was charged with grave
oral defamation and slander by deed.
SC ruled that such scathing words were uttered by him in
the heat of anger triggered by the fact, that complainant refused,
without valid justification to approve the monetization of accrued
leave credits of petitioner. He was only guilty of slight oral
defamation.

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Appellant-petitioner called Atty. Ruiz, "estapador", which
attributes to the latter the crime of estafa, a serious and insulting
imputation. Appellant alleged that defamatory words uttered in the
heat of anger could only give rise to slight oral defamation. The SC
ruled however that there was no reason for the petitioner to be
angry at the offended party who was merely performing his duties
as a lawyer in defense of his client. Petitioner's anger was not
lawfully caused. Appellant is guilty of grave slander.

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ARTICLE 359
SLANDER BY
DEED
Article 359. Slander by deed. - The penalty of arresto
mayor in its maximum period to prision correccional
in its minimum period or a fine ranging from 200 to
1,000 pesos shall be imposed upon any person who
shall perform any act not included and punished in
this title, which shall cast dishonor, discredit or
contempt upon another person. If said act is not of a
serious nature, the penalty shall be arresto menor or
a fine not exceeding 200 pesos.
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WHAT IS SLANDER
BY DEED?
× The performance of any act which cast
dishonor, discredit or contempt upon
another person.

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1. The offender performs any act not
included in any other crime against
honor.
2. Such act is performed in the presence
of other persons.
3. Such act casts dishonor, discredit or
contempt upon the offended party.
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× Whether a certain slanderous act constitutes slander
by deed of a serious nature or not, depends on the
social standing of the offended party, the
circumstances under which the act was committed,
the occasion, etc.

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SLANDER BY ACTS OF UNJUST
DEED LASCIVIOUSNE VEXATION
SS irritation or
irritation or
irritation or annoyance;
annoyance +
annoyance + any anything that
attendant publicity
of the annoys or irritates
and dishonor or
circumstances without
contempt.
provided in Art. justification.
335, RPC on rape
+ lewd designs
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CASES
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Appellant called the complainant, who is the Vice Mayor of
Concepcion, Tarlac, "Magmalinis ka, ena ka man malinis, garapal
ka.” and pointed a dirty finger at her. He was charged with grave
oral defamation and slander by deed.
SC ruled that the petitioners act of pointing a dirty finger
at complainant constitutes simple slander by deed, it
appearing from the case that the act complained of was
employed by petitioner "to express anger or displeasure" at
complainant for procrastinating the approval of his leave
monetization.
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Accused placed a mirror between the legs of
complainant in a public place to reflect her private parts. The
crowd laughed.
The court ruled that the accused is guilty of slander by
deed because it was committed to create contempt or ridicule
upon the offended party. Slander by deed is committed when
annoyance is attended with publicity, dishonor or contempt. If
the annoyance was attended by those circumstances
mentioned in rape, the crime would be acts of lasciviousness.

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ARTICLE 360
PERSONS
RESPONSIBLE
1. Person who publishes, exhibits or causes the
publication or exhibition of any defamation in writing or
similar means
2. Author or editor of a book or pamphlet
3. Editor or business manager of a daily newspaper,
magazine or serial publication
4. The owner of the printing plant which publishes a
libelous article with his consent and all other persons
who in any way participated in, or have connection with
its publication 22
× Lack of participation is not a defense.
× Case must be filed in the RTC (1) where the libelous
article is printed and first published; or (2) where any
of the offended parties actually resides.
× If the crime imputed is one that cannot be prosecuted
publicly (i.e.: adultery, concubinage, seduction,
abduction and acts of lasciviousness), offended party
must file the complaint.
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CASES
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Respondent Judge dismissed a case of oral defamation on
the ground that the crime alleged constituted an imputation of
adultery and thus, cannot be prosecuted de officio.
SC ruled that the derogatory remarks, "A hostess and has a
paramour, any kind of penis had penetrated your vagina“, imputes
prostitution. Therefore, the information for libel can be filed
without the complaint of the offended party.

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ARTICLE 361
PROOF OF
TRUTH
Article 361. Proof of the truth. - In every criminal prosecution
for libel, the truth may be given in evidence to the court and if it
appears that the matter charged as libelous is true, and,
moreover, that it was published with good motives and for
justifiable ends, the defendants shall be acquitted.
Proof of the truth of an imputation of an act or omission
not constituting a crime shall not be admitted, unless the
imputation shall have been made against Government
employees with respect to facts related to the discharge of their
official duties.
In such cases if the defendant proves the truth of the
imputation made by him, he shall be acquitted.
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1. When the act or omission imputed constitutes
a crime regardless of whether the offended
party is a private or public individual
2. When the offended party is a government
employee, even if the act or omission imputed
does not constitute a crime, provided it is
related to the discharge of his official duties

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1. It appears that the matters charged as
libelous is true;
2. It was published with good motives;
3. AND for a justifiable end.

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× When the imputation involves the private life of a
government employee, which is NOT related to the
discharge of his official duties, the offender is not
allowed to prove the truth of it as a matter of defense.
× Proof of truth must rest upon POSITIVE, DIRECT
evidence, upon which a definite finding may be made
by the court; but PROBABLE CAUSE for belief in the
truth of the statement is sufficient
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× Retraction may mitigate the damages.
× That the publication was made as an honest mistake
only serves to mitigate the damages and is not a
complete defense.

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ARTICLE 362
LIBELOUS
REMARKS
Article 362. Libelous remarks. - Libelous
remarks or comments connected with the
matter privileged under the provisions of
Article 354, if made with malice, shall not
exempt the author thereof nor the editor or
managing editor of a newspaper from criminal
liability.

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ARTICLE 363
INCRIMINATING
INNOCENT
PERSON
Article 363. Incriminating innocent
person. - Any person who, by any act not
constituting perjury, shall directly
incriminate or impute to an innocent
person the commission of a crime, shall be
punished by arresto menor.

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1. That the offender performs an act.
2. That by such act he directly
incriminates or imputes to an innocent
person the commission of a crime
3. That such act does not constitute
perjury

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× Art.363 is limited to ‘planting’ evidence and the like,
which do not in themselves constitute false
prosecutions but tend to directly cause false
prosecutions

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Incriminating Innocent Person Perjury
Performing an act by which the The gravamen of the offense is the
offender directly incriminates or imputation itself, falsely made,
imputes to an innocent person the before an officer.
commission of a crime.

Limited to the act of act of planting The giving of false statement under
evidence and the like, in order to oath or the making of a false affidavit,
incriminate an innocent person. imputing to a person the commission
of the crime.

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Incriminating Innocent Person Defamation

The offender does not avail himself The offender avail himself of written
of written or spoken words in or spoken words in besmirching the
besmirching the victims's reputation. victims's reputation.

The imputation made by the offender The imputation made by the offender
need not be public and malicious. must be public and malicious, and,
besides, must be calculated to cause
the dishonor, discredit or contempt
of the aggrieved party.

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CASES
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For a criminal complaint to charge the commission of a
complex crime, the allegations contained therein do not
necessarily have to charge a complex crime as defined by law.
It is sufficient that the information contains allegations which
state that one offense was a necessary means to commit the
other.
In this case, the accused first had to resort to unlawful
arrest in order to be able to plant the P1.00 bill among the money
taken from the offended party.

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ARTICLE 364
INTRIGUING
AGAINST HONOR
Article 364. Intriguing against honor. - The
penalty of arresto menor or fine not exceeding
200 pesos shall be imposed for any intrigue
which has for its principal purpose to blemish
the honor or reputation of a person.

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× Intriguing against honor is committed by
any person who shall make any intrigue
which has for its principal purpose to
blemish the honor or reputation of
another person.

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× The offender, without ascertaining the truth of a
defamatory utterance, repeats the same and pass it on
to another, to the damage of the offended party.
× Includes in its scope any scheme or plot which consists
of some trickery for the above-defined purpose
× Gossiping, which is done by availing directly of spoken
words = Defamation, NOT intriguing against honor

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Intriguing against Dishonor Incriminating Innocent Person
The offender resorts to an intrigue The offender performs an act by
for the purpose of blemishing the which he directly incriminates or
honor or reputation of another imputes to an innocent person the
person. commission of a crime.

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Intriguing against Dishonor Defamation
Where the source or the author of Where the source of the
the derogatory information cannot information can be pinpointed and
be determined and the defendant definitely determined, and the
borrows the same and, without person, adopting as his own the
subscribing to the truth thereof, information he has obtained, passes
passes it to others. the same to another for the
purpose of causing dishonor to
complainant’s reputation.

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