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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Unjust vexation is classified as a light offense, it being punished under the second paragraph of Article 287 of the Revised Penal Code with arresto menor or a fine ranging from P5 to P200 or both.
Unjust vexation is classified as a light offense, it being punished under the second paragraph of Article 287 of the Revised Penal Code with arresto menor or a fine ranging from P5 to P200 or both. Under article 90 of the same Code, light offenses prescribed in two months; and article 91 provides that “the period of prescription shall commence to run from the day on which the crime is discovered by the offended party, the authorities or their agents, and shall be interrupted by the filing of the complaint or information, and shall commence to run again when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably stopped for any reason not imputable to him. (THE PEOPLE OF THE PHILIPPINES vs.VICTOR TAYCO, G.R. Nos. 48707-48709 December 5, 1941)
Article 287 of the Revised Penal Code reads:
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 75 pesos.
Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 to 200 pesos, or both.
The second paragraph of the Article 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. Compulsion or restraint need not be alleged in the Information, for the crime of unjust vexation may exist without compulsion or restraint. However, in unjust vexation, being a felony by dolo, 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. The main purpose of the law penalizing coercion and unjust vexation is precisely to enforce the principle that no person may take the law into his hands and that our government is one of law, not of men. It is unlawful for any person to take into his own hands the administration of justice. (MELCHOR G. MADERAZO, et al. v. PEOPLE OF THE PHILIPPINES, G.R. No. 165065, September 26, 2006)
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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