Crime of unjust vexation

ByPersida Acosta

February 17, 2019

Persida Acosta

Dear PAO,

My husband and I were sued by our neighbor for unjust vexation. My

neighbor refused to settle amicably. Our case was filed before a

Metropolitan Trial Court in Las Piñas City. I don’t really understand why my

neighbor filed unjust vexation against us. What is the crime of unjust

vexation? If proven guilty, what will be our penalty? Please enlighten me.

Teresa

Dear Teresa,

The crime of unjust vexation was explained by the Supreme Court in the case

of Melchor G. Maderazo, et al. vs. People of the Philippines (GR 165065,

Sept. 26, 2006), through Associate Justice Romeo Callejo Sr., thus:

“The second paragraph of Article 287 is broad enough to include any human

conduct which, although not productive of some physical or material harm,

could unjustifiably annoy or vex an innocent person. xxx

“In unjust vexation, being a felony by dolo (deceit), malice is an inherent

element of the crime. Good faith is a good defense to a charge for unjust

vexation because good faith negates malice.

“The paramount question to be considered is whether the offender’s act

caused annoyance, irritation, torment, distress or disturbance to the mind of

the person to whom it is directed. Xxx” (Emphasis supplied).

To answer your question on penalty, we shall now refer to Section 73 of

Republic Act (RA) 10951 (An Act Adjusting the Amount or the Value of

Property and Damage on Which a Penalty is Based and the Fines Imposed

Under the Revised Penal Code, Amending for the Purpose Act 3815,
Otherwise Known as “The Revised Penal Code”, as Amended), to wit:

Section 73. Article 287 of the same Act is hereby amended to read as follows:

“Art. 287. Light coercions. – Any person who, by means of violence, shall

seize anything belonging to his debtor for the purpose of applying the same to

the payment of the debt, shall suffer the penalty of arresto mayor in its

minimum period and a fine equivalent to the value of the thing, but in no case

less than Fifteen thousand pesos (P15,000).

“Any other coercions or unjust vexations shall be punished by arresto menor

or a fine ranging from One thousand pesos (P1,000) to not more than Forty

thousand pesos (P40,000), or both.”

Applying the jurisprudence and the provision in your situation, the

prosecution must adduce evidence that your acts have caused annoyance,

irritation, torment or disturbance to the mind of your neighbor. Moreover, the

penalty for unjust vexation is arresto menor, which has the duration of 1 to 30

days of imprisonment and a fine ranging from P1,000 to P40,000, or both

imprisonment and fine, if the prosecution will be able to establish your guilt

beyond reasonable doubt.

This opinion is solely based on the facts you have narrated and our

appreciation of the same. Thus, the opinion may vary when the facts are

changed or further elaborated. We hope that we were able to enlighten you on

the matter.