Dear PAO,
My cousin had a feud with his neighbor, X. On a few occasions, X had spoken ill of my cousin in front of their other neighbors, which prejudiced my cousin’s reputation in their community. The last incident transpired sometime in May of last year. However, my cousin was not able to file a complaint for slander because he had to go back to our province to take care of his father, who, at the time, was hospitalized. Now that he has moved back to his apartment and seen X again, he is thinking of pursuing his complaint. But a barangay officer told him that he could no longer file his complaint because it had been almost sixteen months since the incident happened. Is this true?
Cory
Dear Cory,
The crime of slander or oral defamation is punishable under our law, particularly under Article 358 of the Revised Penal Code, which was amended by Section 94 of Republic Act 10951. The law states:
“Art. 358. Slander. — Oral defamation shall be punished by arresto mayor in its maximum period to prision correccional in its minimum period if it is of a serious and insulting nature; otherwise the penalty shall be arresto menor or a fine not exceeding Twenty thousand pesos (P20,000).”
As explained by our Supreme Court in the case of Daniel Victoria and Exequiel Victorio vs. The Court of Appeals and The People of the Philippines (GR L-32836-37, May 3, 1989, Ponente: Associate Justice Abdulwahid Bidin):
“The term oral defamation or slander as now understood, has been defined as the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood (33 Am. Jur. 39).”
While a person who defames another, to the latter’s prejudice, may be complained of, it must be emphasized that the period for filing a criminal complaint is not limitless. Under the law, a complaint for slander may only be filed within six months from the day of the commission of the crime. The six-month period will only be stalled if the offender is absent from the Philippine Archipelago. This is pursuant to Articles 90 and 91 of the Revised Penal Code:
“Art. 90. Prescription of crime. — x x x
“The crime of oral defamation and slander by deed shall prescribe in six months x x x
“Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities, or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him.
“The term of prescription shall not run when the offender is absent from the Philippine Archipelago.”
If indeed 16 months have already passed since the incident between your cousin and X, then the crime committed by X has already prescribed. Corollary, the barangay officer was correct in telling your cousin that he could no longer file his complaint for such a specific incident.
Nevertheless, if there are new incidents of defamation against your cousin, he may institute a complaint based on them. He must just make certain that he files his complaint within the six-month period permitted by law.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net
