Gossiping is a crime in the Philippines if it qualifies as oral defamation (slander), libel, or intriguing against honor. These crimes fall under Crimes Against Honor. Moreover, the victim can also file a civil case for damages, which will require the respondent to pay for the harm they’ve done.
Intriguing Against Honor
Under Article 364 of the Revised Penal Code, if a person spreads rumors or makes an intrigue against a person that blemishes another’s reputation, they can be held liable for the crime of intriguing against honor.
This crime can be committed through the following:
- Ana is spreading rumors about Katya that destroys her honor and stating that this “news” is from an “unknown source.”
- Melvin is spreading that Kino committed a crime without stating the source.
- To ridicule or mock Jay, Exil uses crafty and secret plots (e.g., creating secret Facebook accounts).
- Telling people in the neighborhood “May balita na si Fausta ay kabit ni Sangalang, kalat na kalat na” without knowing the source. (People v. Pelayo, Jr., C.A., 64 O.G. 1998)
“Using a scheme or plot”
Using scheme or plot by means of trickery to create an intrigue to blemish reputation. This can be made using information technology.
The penalty for Intriguing Against Honor is up to 30 days in prison.
Oral Defamation or Slander
Slander is libel committed orally. It involves speaking base, defamatory words harming a person’s reputation.
Elements:
- Imputation: Crime, vice/defect (real/imaginary), act, omission, status, circumstance. Tending to dishonor, discredit, contempt.
- Tendency to cause: Dishonor, discredit, contempt.
- Oral. Spoken words.
- Malice: Maliciously made.
- Publicity: Made publicly. Heard by others (not necessarily offended party).
- Directed to: Natural/juridical person or deceased. The victim must be identifiable. If the victim is a large group without specific identification, it is not actionable.
Types: (a) Simple slander; (b) Grave slander: Serious, insulting nature. Depends on expressions, relations, circumstances, social standing.
To determine if it is a grave slander, the context is considered such as expressions used, personal relations, circumstances, and social standing.
Shouting “putang ina” does not automatically equate to slander. It must be noted that it is a common expression used to express anger or displeasure.
- “Putang Ina” Principle: Common expression, often expresses anger/displeasure, may not be slander per se. Context matters; can be simple slander if intended to defame publicly. Part of a threat, not separate slander.
- Heat of Anger: Uttering in heat of anger with provocation may be light felony.
- Relation to Safe Spaces Act: Catcalling, transphobic/homophobic/sexist slurs can be gender-based street harassment.
- Distinguished from Libel: Oral (spoken) vs. written/permanent means.
- Prescription: Grave slander prescribes in six months, simple slander in two months.
- Venue: No specific venue mentioned in sources for oral defamation.
- Number of Offenses: As many offenses as persons defamed. Single statement vs. single group can be one offense (delito continuado).
- Privileged Communication: Malice not presumed. Proof of malice in fact needed. Does not cover statements to public lacking specific interest/duty.
Libel
Libel has similar elements with oral defamation only that it is done through writing, printing, radio, or similar permanent means. The distinction is “permanence” which includes those that can be deleted – such as done through the internet.
Elements:
- Defamatory imputation with the tendency to cause dishonor or contempt
- Publicity
- Identifiability of the victim
- Malice
Means: Writing, printing, lithography, engraving, radio, phonograph, painting, theatrical/cinematographic exhibition, similar means. Amplifier is slander.. Cyber libel via internet/similar means.
The gossiper may pay civil damages
Under the Civil Code (Art. 26), if the gossip has any of the following effects, the offended party can claim civil damages:
- Alienating a person from his friends;
- Disturbing their private or family life;
- Humiliating them because of their religion, lowly station in life, place of birth, physical defect, or other personal condition;
- Prying to their privacy.
Civil cases are easier to prove than criminal, because they generally require only a preponderance of evidence, unlike proof beyond reasonable doubt just like in criminal cases.
Every person criminally liable is also civilly liable. (Article 100, RPC)
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