One’s patience can easily be tested by anyone and anywhere. Some people go to lengths just to disturb others’ tranquility. In order to address that, some resort to filing a criminal complaint of unjust vexation. Unjust Vexation is any human conduct that causes annoyance, distress, and irritation to another in the absence of a specific legal offense. In other words, its legally annoying, and only counts as a misdemeanor or light offense. Its nature is light coercion causing irritation. It is a public crime, and if not settled in the barangay would go to court.
Legal Basis
The legal basis of unjust vexation is held by the Revised Penal Code, Article 287. This provision focuses on coercions and as well as unjust vexation; which it classifies as a catch-all offense. It holds that unjust vexation is committed by omission or commission, and that malice is not always required.
Elements
Courts typically require proof that:
- An act or omission was done without right or lawful justification;
- The act caused annoyance/irritation/distress to another;
- The same facts do not constitute another specific crime; and
- The act was done knowingly/willfully (intent to annoy/disturb may be inferred from the conduct).
Why “intent” matters: While direct proof of malice is rare, the Supreme Court describes unjust vexation as conduct meant to annoy or disturb; intent can be inferred from the nature and context of the act.
Examples of Unjust Vexation Acts
Generally, unjust vexation matters are light offenses. But, there are also heavier or more serious circumstances. Some examples of unjust vexation cases are:
- Publicly pestering an individual without physical assault
- Unwarranted verbal taunts
- Unjustified interference on another’s property or activity
- In conjunction to RA 11313, catcalling or lewd gestures
Legal Consequences
Legal consequences for unjust vexation may be through a fine, imprisonment, or even both. In some circumstances, an offender may be prosecuted for light offense. Probation or mediation may also apply, but would vary depending on the situation. The fine would range from Php 1,000 to Php 4,000 based on RA 10951. Arresto menor is also another punishment that can be awarded to the offender, which is an imprisonment of 1-30 days. The conditions that may affect the punishment to be imposed are its frequency or repetition and whether it is a public or private condition. There is a purpose when it comes to penalizing unjust vexation acts. For these unwarranted annoyance or disturbance to not develop into more serious crimes, offenders are penalized while the gravity of the act is not as heavy – while it still doesn’t hold much of a legal bearing.
In the case of the People vs Pena, Teddy Peña y Romero was charged for slight physical injuries and unjust vexation. He was penalized with 15 days imprisonment, Php 5,000 for moral damages, and Php 200 for unjust vexation. Pena filed a motion for reconsideration to have his penalty modified. The court affirmed the decision and he was convicted of slight physical injuries and unjust vexation. However, it changed his penalty into community service and fines instead of 15 days arresto menor and fines1.
Procedure
Cases of unjust vexation are typically only filed in the Barangay. However, for large contexts and circumstances, it can also be filed at the Prosecutor’s office, and as a criminal complaint. Some cases can be settled or subject to a Barangay conciliation under the Katarungang Pambarangay Law. In filing for such cases, it also has a prescriptive period like other legal issues, but shorter. Since these cases are light offenses, its prescriptive period is only two (2) months. Furthermore, only the offended party can file the case.
- Peña y Romero v. People of the Philippines, G.R. No. 261807, August 14, 2024 (Phil.) ↩︎
