Definition of Slander by Deed
Slander by Deed is a crime against honor defined under Article 359 of the Revised Penal Code. It involves performing an act, not otherwise classified as another crime against honor, in the presence of others. The act must cause dishonor, discredit, or contempt upon another person. It is distinguished from oral defamation (slander by words) and libel by means of writing.
Elements of Slander by Deed
Based on Article 359, the elements of Slander by Deed are:
- That the offender performs any act not included in any other crime against honor.
- That such act is performed in the presence of other persons.
- That such act casts dishonor, discredit, or contempt upon the offended party.
Nature and Concepts
The nature of the crime lies in the act itself casting dishonor or contempt upon another person. Slander by deed can be classified as simple or grave depending on the seriousness of the act. The key distinction from ill treatment is the element of dishonor or contempt. The act must be done in the presence of others to constitute the crime.
Examples of Slander by Deed
Sources provide several examples of acts constituting Slander by Deed:
- Slapping a priest.
- Slapping someone or spitting on their face in public.
- Slapping and pushing a woman in order to ridicule and shame her before other people.
- Disregard due to age and status, such as grave oral defamation against a 61-year-old public school teacher.
Related Concepts
Slander by deed can occur alongside physical injuries, which may result in a complex crime or distinct offenses depending on the circumstances. It can also be committed with acts of lasciviousness. A complaint for Slander by Deed may be prosecuted de oficio if it involves an imputation related to certain crimes, such as adultery, concubinage, seduction, abduction, rape, and acts of lasciviousness, which cannot be prosecuted de oficio themselves. The penalty for Slander by Deed is arresto mayor in its maximum period to prisión correccional in its minimum period if the act is serious and insulting, or arresto menor or a fine not exceeding Twenty thousand pesos if not.