On
Slander by Deed

ART.359

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.

ELEMENTS:
1. That the offender performs any act not included in any other crime against honor;
2. That such act is performed in the presence of other person or persons; and
3. That such act casts dishonor, discredit or contempt upon the offended party.

Seriousness of slander by deed depends on the social standing of the offended party, the circumstances surrounding the act, and the occasion.

Distinctions:
1. Unjust vexation - irritation or annoyance; anything that annoys or irritates without justification.
2. Slander by deed - irritation or annoyance + attendant publicity and dishonor or contempt.
3. Acts of lasciviousness - irritation or annoyance + any of the 3 circumstances provided in Art. 335 on rape (i.e. use of force or intimidation; deprivation of reason or rendering the offended unconscious; or if the offended party was under 12 years old, together with lewd designs)

ALSO of two kinds:
1. Simple
2. Grave: of a serious nature

ACTUS REUS resulting in ANNOYANCE = UNJUST VEXATION

ACTUS REUS resulting in DAMAGE TO PROPERTY = MALICIOUS MISCHIEF

ACTUS REUS + PUBLICITY resulting in DISHONOR = SLANDER BY DEED

ACTUS REUS + CIRCUMSTANCES IN RAPE (NO CARNAL KNOWLEDGE) + LEWD
DESIGNS = ACTS OF LASCIVIOUSNESS


Bar Exam Question (1994)

Acts of Lasciviousness vs. Unjust Vexation (1994)

When is embracing, kissing and touching a girl's breast considered only unjust vexation instead of acts of lasciviousness?

The acts of embracing, kissing of a woman arising either out of passion or other motive and the touching of her breast as a mere incident of the embrace without lewd design constitutes merely unjust vexation (People us, Ignacio. CA GRNo. 5119-R, September 30, 1950). However, where the kissing, embracing and the touching of the breast of a woman are done with lewd design, the same constitute acts of lasciviousness (People vs. Percival Gilo, 10 SCRA 753).


Bar Exam Question (1994)

Slander by Deed vs. Maltreatment 

Distinguish slander by deed from maltreatment.

Suggested Answer:

SLANDER BY DEED is a crime committed when a person publicly subjects another to an act intended or calculated to cast dishonor, discredit or contempt upon the latter. Absent the intent to cast dishonor, discredit, contempt, or insult to the offended party, the crime is only MALTREATMENT under Art, 266. par. 3, where, by deed, an offender ill-treats another without causing injury.