PAGMUMURA SA KAPITBAHAY

WHAT COULD BE THE CASE IF A PERSON HAS SPOKEN BAD WORDS TO SOMEONE (PAGMUMURA) DUE TO A PERSON WAS PROVOKED? IS IT CRIMINAL CASE OR ACCEPTED AS DEFENSE REACTION TO THE SITUATION? A FRIEND OF MINE WAS GIVEN A "PATAWAG" BY BARANGGAY REGARDING THIS CALLED PAGMUMURA..HE WAS NOT ABLE TO SHOW UP DURING THE SCHEDULE. IS THIS SOMETHING SERIOUS? OR CAN IT BE DISREGARDED?

This will fall under Slander or speaking of base and defamatory words which tend to prejudice another in his reputation, office, trade, business or means of livelihood

Two kinds of oral or verbal defamation:
(1) Grave Slander
(2) Simple Slander

A. Factors to consider:

1. The expression used including their sense, grammatical significance and accepted ordinary meaning

2. The personal relations of the accused and the offended party, as when both are bitter enemies

3. The special circumstances of the case and its antecedents, such as the time, place and occasion of the utterances, persons present

4. The social standing and position of the offended party


B. Words uttered in the heat of anger or in a quarrel, with some provocation on the part of the victim, is simple slander.

> The victim may not have heard the words, it is enough that a third person heard them.

> Words uttered in one occasion and place and directed at several persons not mentioned individually constitute only one offense.

> Words used as expletives (to express anger, displeasure, are not defamatory)