The Following Are Jurisprudential Gems That Must Be Read by Every Law Student in Order To Fully Understand Criminal Law. This List Is Updated From Time To Time
The Following Are Jurisprudential Gems That Must Be Read by Every Law Student in Order To Fully Understand Criminal Law. This List Is Updated From Time To Time
The Following Are Jurisprudential Gems That Must Be Read by Every Law Student in Order To Fully Understand Criminal Law. This List Is Updated From Time To Time
order to fully understand criminal law. This list is updated from time to time.
Poking a dirty finger at complainant constitutes Slight Oral Defamation (Villanueva vs People)
Lest we be misconstrued, the Court does not condone the vilification or use of scurrilous
language on the part of petitioner, but following the rule that all possible circumstances
favorable to the accused must be taken in his favor, it is our considered view that the slander
committed by petitioner can be characterized as slight slander following the doctrine that
uttering defamatory words in the heat of anger, with some provocation on the part of the
offended party, constitutes only a light felony.
Moreover, pointing a dirty finger ordinarily connotes the phrase Fuck You, which is similar to
the expression Puta or Putang Ina mo, in local parlance. Such expression was not held to be
libelous in Reyes v. People,[38] where the Court said that: This is a common enough expression in
the dialect that is often employed, not really to slander but rather to express anger or
displeasure. It is seldom, if ever, taken in its literal sense by the hearer, that is, as a reflection on
the virtues of a mother. Following Reyes, and in light of the fact that there was a perceived
provocation coming from complainant, petitioners act of pointing a dirty finger at complainant
constitutes simple slander by deed, it appearing from the factual milieu of the case that the act
complained of was employed by petitioner "to express anger or displeasure" at complainant for
procrastinating the approval of his leave monetization. While it may have cast dishonor,
discredit or contempt upon complainant, said act is not of a serious nature, thus, the penalty
shall be arresto menor meaning, imprisonment from one day to 30 days or a fine not
exceeding P200.00. We opt to impose a fine following Mari