FACTS:

On April 20, 1995, Atty. Benjamin Escolango was conversing with his political leaders at his house in Morong, Bataan when the petitioner, Rogelio Pader, appeared at the gate and shouted defamatory words directed at Atty. Escolango. Atty. Escolango was a candidate for vice mayor of Morong, Bataan at that time. On June 16, 1995, Atty. Escolango filed a complaint for grave oral defamation against Pader, to which the latter pleaded not guilty. After trial, the Municipal Circuit Trial Court convicted Pader of grave oral defamation and sentenced him to imprisonment and to pay moral damages. The decision was affirmed by the Regional Trial Court and the Court of Appeals, although the latter modified the penalty imposed. Pader appealed to the Supreme Court, arguing that he should only be convicted of slight oral defamation and that no moral damages should be awarded.

ISSUES:

1. Whether the petitioner is guilty of slight or serious oral defamation.

RULING:

1. The Court found the petitioner guilty only of slight oral defamation. The Court imposed a fine of P200.00 and costs.

PRINCIPLES:

• Defamatory words will fall under the categories of slight or serious oral defamation, depending not only upon their sense, grammatical significance, and accepted ordinary meaning judging them separately, but also upon the special circumstances of the case, antecedents or relationship between the offended party and the offender, which might prove the intention of the offender at the time.

• The expression "putang ina mo" is a common enough utterance in the dialect that is often employed, not really to slander but rather to express anger or displeasure.

• Slight oral defamation is defined and penalized under Article 358 of the Revised Penal Code, prescribing the penalty of arresto mayor or a fine not exceeding 200 pesos.