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 offended party, the circumstances surrounding the act, 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