Slander by deed is a crime against honor, which is committed by performing any

act, which casts dishonor, discredit, or contempt upon another person. The
elements are (1) that the offender performs any act not included in any other
crime against honor, (2) that such act is performed in the presence of other
person or persons, and (3) that such act casts dishonor, discredit or contempt
upon the offended party. 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.[32] It is libel committed by actions rather than words. The most common
examples are slapping someone or spitting on his/her face in front of the public
market, in full view of a crowd, thus casting dishonor, discredit, and contempt
upon the person of another.

In the cases as above-cited, there was no provocation on the part of the

complainants unlike the present case. Moreover, the "poking of the finger" in the
case at bar was, palpably, of less serious magnitude compared to the banging of
chair, the choking in Mari and the slapping of a face in Teodoro. Thus, we find
that the poking of dirty finger in the case at bar, while it smacks of slander by
deed, is of a lesser magnitude than the acts committed in the foregoing cases.

The RTC fixed the penalty in this case at 3 months. As already stated, the crime
committed is grave slander by deed, punishable by arresto mayor maximum to
prision correccional minimum, the duration of which is 4 months and 1 day to 2
years and 4 months. Since there is one mitigating circumstance (i.e., voluntary
surrender) and no aggravating circumstance, the penalty should be imposed in
its minimum period. Accordingly, the penalty should be modified.

WHEREFORE, the decision appealed from is MODIFIED, by sentencing the

accused-appellant to a prision term of 6 months of arresto mayor. The fine paid
by the accused in the amount of P110.00 is ordered returned to him.

SO ORDERED.

Prescinding from the foregoing, it would serve the ends of justice better if the
petitioner were sentenced to pay a fine instead of imprisonment. The offense
while considered serious slander by deed was done in the heat of anger[28] and
was in reaction to a perceived provocation. The penalty for serious slander by
deed may be either imprisonment or a fine.[29] We opt to impose a fine.
[28]
Pader vs. People, G. R. No. 139157, February 8, 2000.
[29]
Article 359, Revised Penal Code.

Q: What is slander by deed?

A: Slander by deed is a

crime

against

honor

which

is

committed

by

performing

any

act

which

casts

dishonor,

discredit,
or

contempt

upon

another

person.

Q:

What

are

the

elements

of

slander

by

deed?

A:

1.
Offender

performs

any

act

not

included

in

any

other

crime

against

honor

2.

Such

act
is

performed

in

the

presence

of

other

person

or

persons

3.

Such

act

casts

dishonor,

discredit
or

contempt

upon

the

offended

party

Q:

What

are

the

kinds

of

slander

by

deed?
A:

1.

Simple

slander

by

deed

performance

of

an

act,

not

use

of

words.

2.
Grave

slander

by

deed

which

is

of

serious

crime.

Q:

What

determines

if

an
act

is

slander

by

deed

or

not?

A:

Whether

certain

slanderous

act

constitutes

slander
by

deed

of

serious

nature

or

not,

depends

on

the

social

standing

of

the

offended
party,

the

circumstances

under

which

the

act

was

committed,

the

occasion,

etc.

Illustration:

Thus,

slapping
a

lady

in

dance

not

for

purpose

of

hurting

her

but

to

cause

her

shame
and

humiliation

for

refusing

to

dance

with

the

accused

is

slander

by

deed.

INCRIMINATORY

MACHINATIONS
INCRMINATING

INNOCENT

PERSON

(Art.

363)

Q:

What

are

the

elements

of

this

crime?

A:

1.

Offender
performs

an

act

2.

By

such

act

he

directly

incriminates

or

imputes

to

an

innocent
person

the

commission

of

crime

3.

Such

act

does

not

constitute

perjury

Note:

The

crime
of

incriminatory

machinations

is

limited

to

planting

evidence

and

the

like,

which

tend

directly

to
cause

false

prosecution.

Q:

What

are

the

distinctions

between

incriminating

an

innocent

person

and

perjury

by
making

false

accusation?

A:

INCRIMINATING