Korte Suprema: Hindi paninirang puri ang "put@ng ina mo," "f*ck you" o "put@ ka"
Sa mga kasong ito, sinabi ng Korte Suprema na hindi paninirang puri (defamation, libel or slander) ang pagsasabi ng "putang ina mo," "fuck you" or "puta." Ang mga ito, ayon sa Kataastaasang Hukom, ay mga pananalita lamang na madalas gamitin kapag galit ang isang tao.
In the cases as above-cited, there was no provocation on the part of the complainants unlike the present case. Moreover, the "poking of the finger" in the case at bar was, palpably, of less serious magnitude compared to the banging of chair, the choking in Mari and the slapping of a face in Teodoro. Thus, we find that the poking of dirty finger in the case at bar, while it smacks of slander by deed, is of a lesser magnitude than the acts committed in the foregoing cases.
In the cases as above-cited, there was no provocation on the part of the complainants unlike the present case. Moreover, the "poking of the finger" in the case at bar was, palpably, of less serious magnitude compared to the banging of chair, the choking in Mari and the slapping of a face in Teodoro. Thus, we find that the poking of dirty finger in the case at bar, while it smacks of slander by deed, is of a lesser magnitude than the acts committed in the foregoing cases.
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, 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, petitioner’s 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. (G.R. No. 75736; September 29, 1988)
The charge of oral defamation stemmed from the utterance of the words, "Agustin, putang ina mo". 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. In the instant case, it should be viewed as part of the threats voiced by appellant against Agustin Hallare, evidently to make the same more emphatic. In the case of Yebra, G.R. No. L-14348, Sept. 30, 1960, this Court said:
The charge of oral defamation stemmed from the utterance of the words, "Agustin, putang ina mo". 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. In the instant case, it should be viewed as part of the threats voiced by appellant against Agustin Hallare, evidently to make the same more emphatic. In the case of Yebra, G.R. No. L-14348, Sept. 30, 1960, this Court said:
The letter containing the allegedly libelous remarks is more threatening than libelous and the intent to threaten is the principal aim and object to the letter. The libelous remarks contained in the letter, if so they be considered, are merely preparatory remarks culminating in the final threat. In other words, the libelous remarks express the beat of passion which engulfs the writer of the letter, which heat of passion in the latter part of the letter culminates into a threat. This is the more important and serious offense committed by the accused. Under the circumstances the Court believes, after the study of the whole letter, that the offense committed therein is clearly and principally that of threats and that the statements therein derogatory to the person named do not constitute an independent crime of libel, for which the writer maybe prosecuted separately from the threats and which should be considered as part of the more important offense of threats. (G.R. Nos. L-21528 and L-21529; March 28, 1969)
