Can one sue ‘texters’ who send insulting messages?

Dear PAO,

My wife received insulting text messages from her former staff. We are sure of the identity of the ‘texter’ because she gave her number when she was still working with my wife, and we also verified her number with the other employees. I replied to one of the text messages and told her that we would be filing charges against her. She denied that she was the person we were referring to and insulted me also. If we file a case for oral defamation or slander, will it prosper? Right now, we are having financial difficulties and we can’t hire the services of a private lawyer.

P.J.

Dear P.J.,

Any person who utters slanderous remarks to someone may be held liable for defamation. There are three kinds of defamation: written defamation or libel, oral defamation or slander and defamation by overt acts or slander by deed. However, not all the acts that seemed to degrade our reputation are punishable under the law.

We are sorry to inform you that the case for oral defamation or slander that you plan to file against the person sending the text messages to your wife will not prosper. According to you, the alleged defamatory remarks were sent to your wife through text messages and not uttered orally.

The [insulting text message] will also not qualify as written defamation or libel as it lacks the element of publication or making the defamatory remarks known to third persons, thus injuring your wife’s reputation. Moreover, you are not sure of the identity of the person sending text messages to your wife. It may be another person using another person’s number. For this reason, even if the acts you are complaining of constitute any of the crimes punishable under the Revised Penal Code, the same cannot be brought to court because you are not certain of the person you want to prosecute.

Lastly, if you need the services of a lawyer and your financial situation does not permit you to hire the services of a private lawyer; you can seek assistance from the Public Attorney’s Office (PAO). With respect to PAO’s regular services, our office extends legal assistance to clients who pass our merit and indigency tests, as mandated by R.A. 9406 and its Implementing Rules and Regulations in relation to Section 3, Article II of Memorandum Circular No. 18, Series of 2002 or the Amended Standard Office Procedures in Extending Legal Assistance enumerates those considered as indigent persons.

You may go to our district office nearest to your residence or you may go to our main office located at 5/F DOJ Agencies Building, NIA Road corner East Avenue, Diliman, Quezon City, so we can better evaluate your concerns.

We wish to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated. –Persida Acosta, Manila Times

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao <YOUR QUESTION> and send to 2299).