oral defamation vs LIBEL

anu po pala pinag kaiba ng oral defamation and LIBEL?

kasi nag txt pa ho kasi siya sa akin na nakalagay dun na "kahit na walang ka kwenta kwentang bagay nenenenok mo kaya no wonder na ikaw kumuha ng cp ko"("nenok" po is a gay laguage for stealing)...di ko pa po binubura at pina basa ko sa mga close friend ko...nanggigil po talaga ako sa kanya...sobra...

If the said defamatory message was not communicated to other persons, there is no Oral Defamation nor Libel. The main element of the offense of Defamation/Libel is the besmirching of the reputation of the offended party. One's reputation does not refer to one's sense of self-worth; it is how others regard him to be. Hence, such derogatory accusation did not constitute Defamation or Libel.

Under Article 353 of the Revised Penal Code of the Philippines, libel is defined as a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status or circumstance tending to discredit or cause the dishonor or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Thus, the elements of libel are: (a) imputation of a discreditable act or condition to another; (b) publication of the imputation; (c) identity of the person defamed; and, (d) existence of malice.

The difference between Oral Defamation and Libel is that in Libel the defamatory statement is made "public".

If the following conditions are present, you can sue him for damages in a civil suit. You can use Article 26 of the Civil code as your basis:

Art. 26. Every person shall respect the dignity, personality, privacy and peace of mind of his neighbors and other persons. The following and similar acts, though they may not constitute a criminal offense, shall produce a cause of action for damages, prevention and other relief:

(1) Prying into the privacy of another's residence;

(2) Meddling with or disturbing the private life or family relations of another;

(3) Intriguing to cause another to be alienated from his friends;

(4) Vexing or humiliating another on account of his religious beliefs, lowly station in life, place of birth, physical defect, or other personal condition.

good morning. can I file a case to a person who is telling me im texting his husband?her husband is the one texting me that he loved me..what will be a good case I can file to his wife?

If the operations manager shouts and points at the team manager in front of her own members (other employees), would it be considered oral defamation?

NOTE: shouted and pointed her finger to those employees, due to breaking the "ENGLISH ONLY POLICY".

aimeechin, what did the team manager actually say?

I'm the team manager... I was reprimanded by the operations manager (who is just new in the company) in a rude manner with all of my team members hearing it. I didn't say anything after being shouted at.

I know my member and I didn't comply to the said policy, but being in that company for 1.5 years... it wasn't imposed strictly so we are not used to it and we tend to ignore.

Operations Manager angrily said:
"You! and you! are speaking Tagalog on the floor!!!!" (walked three steps away... and looked back, then pointed her finger at me) "YOU!!!!! T-L!!!!"

I admit my mistake, but is the public humiliation counts for this?

i would recommend that you first try to smooth things out with your Operations Manager by trying to talk to her or sending her an email where you courteously state that the public redress you received was not in accordance with company policy on disciplinary process and only served to undermine your team's confidence and your ability to lead them. hopefully she will also realize her mistake and both of you can move on, and if you keep it between the two of you, it will not necessarily become adversarial and she may even increase respect for you.

if this doesn't work or you want her punished, then your option is to file a formal complaint with with the human resources department. just note the possible consequences of having to still work under her.

if your intent is to really escalate this, then file a criminal charge against her at the prosecutor's office or at the barangay lupon. for a case of oral defamation to prosper, the spoken words have to be defamatory and the words she uttered, by themselves, don't appear to be so. of course you can still try, even if for just the chilling effect of a more serious charge. i'd say your best bet is unjust vexation.