A Crime of Slander or Oral Defamation

Photo of Cedric Lee taken from ABS-CBNnews.com
Cedric Lee strikes again.  When the case of Grave Coercion was heard for mediation, actor-host Vhong Navarro was not present.  It was Vhong Navarro who filed against Cedric Lee, Bernice Lee, Deniece Cornejo, Simeon "Zimmer" Raz, Jr., Ferdinand Guerrero, Jed Fernandez and Jose Calma for Grave Coercion in the controversial and highly sensationalized mauling of the actor-host last January 22, 2014.

Vhong Navarro was absent during the mediation hearing of the grave coercion case.

Cedric Lee when asked for his comment after the hearing, he said: "Hindi dumating 'yung rapist, e. May nire-rape pa sa ibang lugar." He also said no when asked if he is open to have a settlement with Navarro.

With the utterance of Cedric Lee against Vhong Navarro, what would be its legal consequence, if any?

The act of Cedric Lee in calling Vhong Navarro allegedly of a rapist may constitute the crime of slander.

Slander is a libel committed by oral (spoken) means, instead in writing.  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 (Victorio v. Court of Appeals, G.R. Nos. 32836-37, 31 May 1989, 173 SCRA 645, 652).

Accordingly, oral defamation shall be punished by arresto mayor in its maximum period to prison 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 200 pesos (Article 358 of the Revised Penal Code).

Based on the provision of the law, slander or oral defamation may be:
1.  Grave Slander or Oral Defamation - when it is of serious and insulting nature.
2.  Simple Slander or Oral Defamation.

The gravity of the oral defamation depends not only (1) upon the expressions used, but also (2) on the personal relations of the accused and the offended party, and (3) the circumstances surrounding the case (THE REVISED PENAL CODE, Book Two, Reyes, p. 956 (14th Ed., 1998), citing People v. Jaring, C.A., 40 O.G. 3683).

Going back to the instant case, calling Vhong Navarro may be considered a serious and insulting one.  Thus, Cedric Lee may face anew a crime of grave slander or grave oral defamation.

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