The Crime of Unjust Vexation

The Crime of Unjust Vexation "Our neighbor filed an unjust vexation case against my parents. Our neighbor refused to settle amicably during the barangay (village) conciliation proceedings. The complaint against my parents is now pending before a metropolitan trial court. What is the crime of unjust vexation? If my parents will be proven guilty, what will be the imposable penalty to them? GraceDear Grace, The crime of unjust vexation is 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, 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” (Emphases supplied). To answer your question on penalty, we shall now refer to Section 73 of Republic Act 10951 or “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.” (Emphases supplied) Applying the jurisprudence and the provision in your situation, the prosecution must adduce evidence that the acts of your parents have caused annoyance, irritation, torment or disturbance to the mind of your neighbor. Further, the penalty for unjust vexation is arresto menor, which has the duration of one day 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 the guilt of your parents beyond reasonable doubt.We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.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" - https://www.affordablecebu.com/