There are things we often say or do that can hurt a person's feelings. Hurtful remarks can even destroy a person's reputation and it will take time to heal a wounded soul. This is why some people who have experienced serious anxiety,social humiliation and fright because of moral damages choose to take matters to court. You will only be awarded moral damages if such claims are supported by evidence. It is imperative for the claimant to establish the factual basis for claims to be considered valid. Article 2217 of the Civil Code of the Philippines refer to moral damages as "physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, moral damages may be recovered if they are the proximate result of the defendant's wrongful act for omission." Moral damages can be recovered if it meets the following conditions:

Art. 2218. In the adjudication of moral damages, the sentimental value of property, real or personal, may be considered.

Art. 2219. Moral damages may be recovered in the following and analogous cases:

(1) A criminal offense resulting in physical injuries;

(2) Quasi-delicts causing physical injuries;

(3) Seduction, abduction, rape, or other lascivious acts;

(4) Adultery or concubinage;

(5) Illegal or arbitrary detention or arrest;

(6) Illegal search;

(7) Libel, slander or any other form of defamation;

(8) Malicious prosecution;

(9) Acts mentioned in Article 309;

(10) Acts and actions referred to in Articles 21, 26, 27, 28, 29, 30, 32, 34, and 35.

The parents of the female seduced, abducted, raped, or abused, referred to in No. 3 of this article, may also recover moral damages.

The spouse, descendants, ascendants, and brothers and sisters may bring the action mentioned in No. 9 of this article, in the order named.

Art. 2220. Willful injury to property may be a legal ground for awarding moral damages if the court should find that, under the circumstances, such damages are justly due. The same rule applies to breaches of contract where the defendant acted fraudulently or in bad faith. 

The advent of technology such as social media made it easy for rumor mongers and mud-slingers to spread lies and deceptions resulting in tainting an individual's reputation and dignity. These days, destroying a person can be done effortlessly, thanks to a plethora of social media platforms. Fortunately, these acts do not go unpunished because crimes against honor are penalised as stated under the Revised Penal Code of the Philippines. Whether spoken or written, a person who intends to dishonor or discredit a person is held liable for the crime of libel or slander. So, what are the nature and gravity of these crimes?

Art. 353. Definition of libel. — A libel is 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 cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.

Art. 354. Requirement for publicity. — Every defamatory imputation is presumed to be malicious, even if it be true, if no good intention and justifiable motive for making it is shown, except in the following cases:

1. A private communication made by any person to another in the performance of any legal, moral or social duty; and

2. A fair and true report, made in good faith, without any comments or remarks, of any judicial, legislative or other official proceedings which are not of confidential nature, or of any statement, report or speech delivered in said proceedings, or of any other act performed by public officers in the exercise of their functions.

Art. 355. Libel means by writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prision correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party.

Art. 356. Threatening to publish and offer to present such publication for a compensation. — The penalty of arresto mayor or a fine from 200 to 2,000 pesos, or both, shall be imposed upon any person who threatens another to publish a libel concerning him or the parents, spouse, child, or other members of the family of the latter or upon anyone who shall offer to prevent the publication of such libel for a compensation or money consideration.

Art. 357. Prohibited publication of acts referred to in the course of official proceedings. — The penalty of arresto mayor or a fine of from 20 to 2,000 pesos, or both, shall be imposed upon any reporter, editor or manager or a newspaper, daily or magazine, who shall publish facts connected with the private life of another and offensive to the honor, virtue and reputation of said person, even though said publication be made in connection with or under the pretext that it is necessary in the narration of any judicial or administrative proceedings wherein such facts have been mentioned.

Art. 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 200 pesos.

Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos. 

They say, "stick and stones may break my bones, but words will never hurt me". Words can hurt people and can scar them for life. When a person becomes a victim to the throes of another person's anger, hurtful words become a powerful weapon that pierces through the soul. Some would simply shrug these off, but if words have already tainted one's reputation, honor or character, the matters are taken to court. Libel, oral defamation or slander. These are freedom of speech and expression gone wrong. As they say, too much of everything is bad and even if you only intend to express your anger, discontentment or turmoil towards the person by uttering or writing unpleasant words against him or her, the damage cannot be undone. However, deciphering the intricacies of laws concerning violation of freedom of speech and expression can be quite puzzling. So, how does libel differ from slander?

Libel

Libel, according the to Article 353 of the Revised Penal Code is "the 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 cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead"

"ART. 355. Libel by means of writings or similar means. — A libel committed by means of writing, printing, lithography, engraving, radio, phonograph, painting, theatrical exhibition, cinematographic exhibition, or any similar means, shall be punished by prisión correccional in its minimum and medium periods or a fine ranging from 200 to 6,000 pesos, or both, in addition to the civil action which may be brought by the offended party."

Slander or Oral Defamation

Slander or oral defamation is defined as speaking of base or defamatory words with an intention to prejudice another person in his or her reputation. Slander by deed on the other hand, is an act committed which tends to discredit or dishonor another individual. (Article 359 of the Revised Penal Code)

Art. 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 200 pesos.

Art. 359. Slander by deed. — The penalty of arresto mayor in its maximum period to prision correccional in its minimum period or a fine ranging from 200 to 1,000 pesos shall be imposed upon any person who shall perform any act not included and punished in this title, which shall cast dishonor, discredit or contempt upon another person. If said act is not of a serious nature, the penalty shall be arresto menor or a fine not exceeding 200 pesos.

Whether it is spoken or written, it is every person's responsibility to mince words to avoid hurting another person's feelings. It is true that the freedom of speech and expression is one of the most valued rights, but this does not give you license to say as you please.