Being the subject of unfair criticism and gossip are matters which adversely affect persons from all

walks of
life. At one point, we have encountered situations wherein we have been victimized by insulting and defamatory
remarks. Oftentimes, we ignore such hurtful and unfounded insinuations. However, when things get out of hand
and our reputation is besmirched in the process, we need to pursue legal remedies to defend ourselves.
Slander or oral defamation are penalized under the Revised Penal Code. In order to successfully lodge a case for
slander, the following elements must be proven:
1. There is an imputation of a crime, vice, defect, act, omission, condition, status or circumstance.
2. The imputation is made publicly.
3. The imputation must be made maliciously.
4. The imputation is directed against a natural or juridical person or one who is dead.
5. The imputation tends to cause dishonor, discredit or contempt of a person or tends to blacken the memory of one
who is dead.
If the imputation is verbally made, then it is considered as slander. However, if the imputation is made
through writing, printing, lithography, radio and other similar means, it is punishable as libel.
It must be borne in mind that the intention of the speaker is immaterial in slander. What is relevant is how the same
is construed by ordinary people. Moreover, proof of truth is not admissible if the imputation pertains to an act or
omission not constituting a crime, except when it relates to acts of government employees with respect to their
duties.
Slander is a serious matter since one can be imprisoned if convicted. Serious slander is punishable by
imprisonment of arresto mayor in its maximum period to prision correccional in its minimum period or 4 months
and 1 day to 2 years and 4 months while simple slander is punishable by arresto menor or 1 day to 1 month or a fine
not exceeding P200.