Dear PAO,
I was bullied during my high school years, so it is with great hesitation that I attended our high school reunion. At first I thought things were going well, until I noticed the quiet murmurs of the people behind me. I went to the ladies’ comfort room and while I was inside the cubicle, I heard my high school bully, Ashley, circulating rumors that I was impregnated by our previous PE teacher, and that I am her secretary at work who owes her a lot of money and who refuses to pay back. Such gossip is baseless because I never had any children, and that I could not be her secretary since we do not even work at the same company. I am actually a small-business owner. And most importantly, I do not owe her any money. In fact, she is the one who is indebted to me when she asked me for money a few months ago for her child’s hospitalization bills. Feeling ostracized by my classmates and because of the shame and the humiliation, I excused myself and went home early. Can I file for a defamation case against Ashley for ruining my reputation at our high school reunion?
Ana
Dear Ana,
Our penal laws on defamation are provided by Articles 353-362 of the Revised Penal Code. The Supreme Court extensively reproduced the discussion of Chief Justice Renato Puno in the deliberation of the case of MVRS Publications v. Islamic Da’wah Council of the Philippines (GR 135306, Jan. 28, 2003), as follows:
“Defamation is made up of the twin torts of libel and slander — the one being, in general, written, while the other in general is oral. In either form, defamation is an invasion of the interest in reputation and good name. This is a ‘relational interest’ since it involves the opinion others in the community may have, or tend to have of the plaintiff.
“The law of defamation protects the interest in reputation — the interest in acquiring, retaining and enjoying one’s reputation as good as one’s character and conduct warrant. The mere fact that the plaintiff’s feelings and sensibilities have been offended is not enough to create a cause of action for defamation. Defamation requires that something be communicated to a third person that may affect the opinion others may have of the plaintiff. The unprivileged communication must be shown of a statement that would tend to hurt plaintiff’s reputation, to impair plaintiff’s standing in the community.
“Although the gist of an action for defamation is an injury to reputation, the focus of a defamation action is upon the allegedly defamatory statement itself and its predictable effect upon third persons. A statement is ordinarily considered defamatory if it ‘tend[s] to expose one to public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace …’ The Restatement of Torts defines a defamatory statement as one that ‘tends to so harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him.”
The abovementioned jurisprudence explains that statements which tend to expose a person to public hatred, shame, obloquy, contumely, odium, contempt, ridicule, aversion, ostracism, degradation or disgrace, are often considered defamatory. Furthermore, what the law penalizes is not the mere fact that defamatory statements offended a person’s feelings and sensibilities, but because of such statements, the opinions of third persons toward the person defamed were affected which resulted to the injury of the latter’s reputation.
Applying the abovementioned jurisprudence to your case, Ashley’s statement that you were impregnated by your previous PE teacher qualifies as a statement that disgraced your honor as a woman. Moreover, although acquiring a debt from a loan is not a crime, Ashley’s statements that you owe her a lot of money and that you refuse to pay her back qualify as statements that tarnished your reputation in handling your financial affairs which may also negatively impact your character as a business owner. The fact that you were ostracized during your high school reunion shows that your reputation was tarnished because of Ashley’s gossip.
Furthermore, since Ashley’s defamatory statements were made orally, then the crime is categorized as slander.
The Supreme Court, in the case of Urmaza v. Rojas (GR 240012, Jan. 22, 2020), through Associate Justice Estela Perlas-Bernabe, enumerated the elements and nature of slander, to wit:
“Oral Defamation or Slander is libel committed by oral means, instead of in writing. It is defined as ‘the speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood.’ The elements of Oral Defamation are: (1) there must be an imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, status or circumstances; (2) made orally; (3) publicly; (4) and maliciously; (5) directed to a natural or juridical person, or one who is dead; (6) which tends to cause dishonor, discredit or contempt of the person defamed. Oral defamation may either be simple or grave. It becomes grave when it is of a serious and insulting nature. An allegation is considered defamatory if it ascribes to a person the commission of a crime, the possession of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance which tends to dishonor or discredit or put him in contempt or which tends to blacken the memory of one who is dead. Meanwhile, Intriguing Against Honor penalizes any person who shall create intrigue which has for its principal purpose to blemish the honor or reputation of a person.”
Applying the abovementioned jurisprudence to your case, Ashley’s gossip that you were impregnated by your previous PE teacher and that you owe her a lot of money to which you refused to pay back are considered as malicious imputations that tarnished your reputation which were made orally in public. The ladies’ comfort room, although limited to only women, is still a public space even if the nature of its use requires privacy. Despite the cubicles dividing the toilets, utterance made therein, if loud enough, can generally be heard by anyone inside the restroom, and thus, has no expectations of real privacy. Therefore, since all of the elements of slander are present, and since your factual circumstances do not fall within the exceptions thereto such as privileged communications or fair comments, then your criminal case for slander may prosper.
We hope that we were able to answer your queries. 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.
Thank you for your continued trust and support.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]
