Dear PAO,
I am writing about my co-teacher. She was harassed by a parent. The parent shouted at her, used bad words, and insulted her. The parent asked where she graduated and how she passed the LET exam. This happened because the parent complained about grades. This incident occurred in front of our school principal, and many other teachers also saw it. My co-teacher already filed a blotter at the barangay, but we are worried that it might happen again. This is very urgent. What legal steps can she take next? What possible case can she file against the parent? Please advise us on what to do. Thank you.
Mary Grace Makapili
Dear Ms. Makapili,
The act of defaming another through speech is a crime penalized by Article 358 of the Revised Penal Code (RPC):
“Article 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).”
In the case of Urmaza vs. Rojas (G.R. No. 240012, January 22, 2020), written by Associate Justice Estela M. Perlas-Bernabe, the Supreme Court defined the crime of slander 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 the Slander 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.” (id.)
In your case, the parent who berated and insulted your co-teacher may possibly be liable for the crime of slander as described above, considering that the parent allegedly insulted your co-teacher verbally and publicly in front of several people, including the school principal. The act may likewise be considered malicious, was directed at your co-teacher, who is a natural person; and the statements appear to tend to cause dishonor or discredit against her.
Based on the facts you provided, the parent’s acts may constitute the crime of slander under Article 358 of the RPC. The public shouting of insults and demeaning statements about your co-teacher’s competence and credentials may fulfill the required elements. Filing the barangay blotter was an appropriate initial step to officially document the incident.
Your co-teacher may consider bringing this matter to the Philippine National Police or directly to the Office of the Public Prosecutor to initiate a criminal complaint for slander. Gathering statements from the principal and other teacher-witnesses will be crucial for building a strong case. It would also be advisable for your co-teacher to secure all available evidence and consult a lawyer to further discuss the specifics of the situation.
We hope that we were able to answer your queries. This advice was 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 dearpao@manilatimes.net
