Definition of Slander
Slander is defined as oral defamation. It involves speaking base and defamatory words intended to prejudice another person's reputation, office, trade, business, or livelihood. Essentially, it is libel committed through oral means instead of writing.
Kinds of Slander
Slander can be classified into two kinds: Grave and Simple. Grave slander is characterized by its serious and insulting nature. Simple slander, conversely, is not serious in nature.
Slander by Deed
Separate from oral defamation, slander by deed is a distinct crime. It occurs when an offender performs an act, which does not constitute another crime, in the presence of other persons, causing dishonor, discredit, or contempt upon the offended party. Common examples include slapping or spitting. Slander by deed is not considered a continuing crime and can be prosecuted for a single instance.
Determining Gravity
The gravity of oral defamation (whether grave or light slander) depends on several factors: the expressions used, the personal relations between the accused and the offended party, and any special circumstances surrounding the case. Uttering defamatory words in the heat of anger, especially with some provocation, may be considered slight slander. For slander by deed, certain acts, such as slapping a woman or a pregnant woman, have been considered serious.
Distinctions
Slander is distinguished from other related offenses:
- Slander (Oral Defamation) vs. Libel: Slander is defamation committed orally, while libel is defamation committed in writing.
- Slander by Deed vs. Ill Treatment: Slander by deed is a crime against honor, distinguished by the element of dishonor or contempt, whereas ill treatment is a crime against persons.
- Slander by Deed vs. Acts of Lasciviousness: These crimes are distinguished by the presence or absence of lewd design. If an act like kissing or touching is committed with a lewd design, it constitutes acts of lasciviousness; without such design, it may be slander by deed.
- Slander by Deed vs. Unjust Vexation: While unjust vexation involves annoyance or irritation, slander by deed requires the additional elements of dishonor, contempt, and publicity alongside irritation.
- Slander by Deed with Physical Injuries: This may be considered a complex crime only if serious physical injuries are inflicted, and the act is primarily aimed at insult or offense. If the physical injuries are not serious, the act may not fall under Article 359 (Slander by Deed) but rather under provisions for physical injuries.