Can defamation be both a criminal and a civil case?

Answer

Yes. Defamation is a crime under the Revised Penal Code, but the offended party may also pursue a civil action for damages. Under Article 33 of the Civil Code, in cases of defamation, fraud, and physical injuries a civil action for damages — entirely separate and distinct from the criminal action — may be brought and proceeds independently, requiring only a preponderance of evidence.

This means a complainant may seek both criminal liability and civil damages for the same defamatory act, and the civil case need not wait for the outcome of the criminal case.

Sources & further reading

• Civil Code Art. 33 — independent civil action
• Full report: oral defamation & slander

Cases on this topic

• Amado B. Teodoro v. Court of Appeals
• Bienvenido T. Canlapan v. Department of Justice
• Canal, Sr. v. People
• Consolacion P. Mangila v. Judge Lantin
• Narcisa Tul-id v. People
• Niña Oclarit Ido v. People
• Noel Villanueva v. People
• People v. Isauro Santiago

Related questions

• What is oral defamation (slander) in the Philippines?
• What is the difference between slander and libel?
• What is the penalty for oral defamation?
• What is slander by deed?