REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
QUEZON CITY

PIOLO PASCUAL,
Complainant,
-versus- IS No. 123456
For: Slander/Oral Defamation
VICE GANDA,
Respondent.
X-----------------------------------X
DECISION
Complainant PASCUAL filed this action against Respondent GANDA for
the alleged act Oral Defamation of the Respondent towards the Complainant that
allegedly resulted in damaging the honor and the reputation of the Complainant.

STIPULATED FACTS
At the pre-trial hearing, the parties stipulated on the following facts:

1. Complainant PIOLO PASCUAL and Respondent VICE GANDA (referred

herein as Parties) have been neighbors for 10 years.

2. Respondent and his family were allowed to stay at their former residence
because the Complainant’s father-in-law allowed it since he was the
caretaker of the said property.

3. The sons of the Complainant were having a drinking session as their

bonding time on the 2nd of November 2019 at around 10:00 PM to 12:00
MN.
 4. The parties went to the Barangay to discuss matters in an attempt to settle
things.

THE EVIDENCE OF THE PARTIES

Complainant:

The complainant presented the witnesses: CHRISTOPHER PASCUAL,

son of the Complainant, SAM MILBY second son of the Complainant, and
GIORNO GIOVANNA, the next-door neighbor who apparently heard the
lambasting of the Respondent towards the Complainant.
CHRISTOPHER PASCUAL(referred herein as Pascual C.) testified that
on the alleged date of the incident at around 10:20 PM, they were enjoying their
bonding session via drinking when out of nowhere, the Respondent, looking irked,
shouted at the former’s father stating that the drinking session was bothering the
sleeping neighbors, after they ignored the Respondent, the latter then shouted:
“PAPA PI, nagkapera ka lang, yumabang ka na. Galing naman ang pera mo sa
nakaw”.
SAM MILBY(referred herein as Milby) testified that around 10:17 PM he
briefly excused himself from the group in order for him to take a leak, when he got
back around 10:20 PM, he heard the Respondent hurling insults towards his
brother and towards his father, he heard that the Respondent exclaimed how his
father’s riches were dirty money.

GIORNO GIOVANNA(referred herein as Giovanna) testified that he had

just arrived at the front gate of his home at around 10:19 PM, he apparently heard
someone screaming from the house of the Respondent but he did not hear the
words properly considering the distance that was not close enough to hear
intelligible words, by the time he got inside the front gate, he then walked towards
his terrace, and suddenly, Respondent shouted “Papa Pi, galing naman sa nakaw
ang pera mo.” To his shock, he asked what happened to the Respondent and the
Petitioner that led to the lambasting.
The Complainant also presented the Certificate to File Action as Exhibit
“A” as proof that there was no settlement whatsoever in the Baranggay.
Respondent:

The Respondent presented the witnesses: OINGO BRADA, a neighbor of

the complainant and the respondent, BOINGO BRADA, the brother of the former
who was fixing his bike at the garden of their home at the time of the incident.
OINGO BRADA (referred herein as Brada O.) testified that on the day of
the incident, at around 10:00 PM, he heard that Pascual C, was ranting and raging
about why they had to live next to the Respondent and his family, it was obvious
from this time that he was very drunk already, and that the Respondent politely
asked him not to vent out his anger by shouting, and that he should keep it to
himself, but then the Complainant interfered by saying that the Respondent had no
business with the affairs of the former’s family. Respondent then said that he
should tell his son not to shout, this then prompted the Complainant to say “HOY
DI MO AKO KILALA, MGA DUKHA, MAYAMAN AKO AT KAYA KO
KAYONG BILHIN, PINATIRA LANG NAMIN KAYO DITO AKALA NYO
NA KUNG SINO.” A screaming match then ensued between the two.

BOINGO BRADA (referred herein as Brada B.) testified that on the day of
the incident, at around 10:15 PM, as he was packing the tools that he used to fix his
bike, he was suddenly startled when the Complainant was ranting about how bad
the personality of the Respondent was towards him and his family, Respondent
was just listening to the lambasts that the Complainant was doing, after being
shouted at, Respondent then shouted that the allegations were false and that it was
the Complainant and his family that were sick of the former and his family.

THE ISSUE
The case presents whether or not the Respondent can be charged with the
crime of slander/oral defamation.

DISCUSSION

1. No one disputes the fact that the parties were neighbors that lived side-by-
side of their houses for ten (10) years.
2. Since the Respondent accuses the Complainant that his wealth was ill-
gotten. It cannot be questioned that the such dishonor is tantamount to
slander of his trade, and thus, imputing him to bad faith.1

1
Araneta v. Bank of America, L-25414, July 30, 1971, 40
 3. The shouting of the Respondent led to the neighbors hearing the
dishonorable implications, thus, leading to the damage to the reputation of
the Complainant.

WHEREFORE, in light of the foregoing, the Respondent, VICE GANDA, is

hereby formally charged with the Crime of Slander/Oral Defamation. The case will
now be forwarded to the REGIONAL TRIAL COURT of Quezon City where it
will be raffled and tried accordingly.
SO ORDERED.