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  • Unjust Vexation)

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    J Velasco Peralta
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    The document defines and discusses the crime of unjust vexation under Philippine law. It notes that unjust vexation involves human conduct that unjustly annoys or vexes an innocent person without causing physical harm. For a prosecution, the conduct must have caused annoyance or distress to the target person. Elements of the crime are outlined. The penalty for unjust vexation is arresto menor or a fine ranging from 1,000 to 40,000 pesos. The prescription period for filing a complaint is two months from discovery of the crime. Good faith can be a defense to negate criminal intent.

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    UNJUST VEXATION]

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    The document defines and discusses the crime of unjust vexation under Philippine law. It notes that unjust vexation involves human conduct that unjustly annoys or vexes an innocent person without causing physical harm. For a prosecution, the conduct must have caused annoyance or distress to the target person. Elements of the crime are outlined. The penalty for unjust vexation is arresto menor or a fine ranging from 1,000 to 40,000 pesos. The prescription period for filing a complaint is two months from discovery of the crime. Good faith can be a defense to negate criminal intent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    7K views3 pages

    Unjust Vexation)

    Uploaded by

    J Velasco Peralta
    The document defines and discusses the crime of unjust vexation under Philippine law. It notes that unjust vexation involves human conduct that unjustly annoys or vexes an innocent person without causing physical harm. For a prosecution, the conduct must have caused annoyance or distress to the target person. Elements of the crime are outlined. The penalty for unjust vexation is arresto menor or a fine ranging from 1,000 to 40,000 pesos. The prescription period for filing a complaint is two months from discovery of the crime. Good faith can be a defense to negate criminal intent.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as docx, pdf, or txt
    of 3

    UNJUST VEXATION

    Definition

    Unjust vexation includes any human conduct which, although not productive of some
    physical or material harm would, however, unjustly annoy or vex an innocent person.
    (Guevara) 1

    The paramount question [in a prosecution for unjust vexation] is whether the offender's act
    causes annoyance, irritation, torment, distress, or disturbance to the mind of the person to
    whom it is directed. 2

    Elements

    (1) There is a human conduct that unjustly annoys or irritates another person;
    (2) Such human conduct was not attended with violence;
    (3) Such human conduct caused annoyance, irritation, torment, distress or disturbance to the
    mind of the person to whom it is directed; and
    (4) The offender acted with criminal intent.

    Penalty

    Art. 287-A. Any other coercions or unjust vexations shall be punished by arresto menor or a
    fine ranging from One Thousand Pesos (₱1,000) to not more than Forty Thousand Pesos
    (₱40,000) or both. 3

    Prescription of Crime

    Within a period of two (2) months counted from the day on which you, the authorities, or
    their agents discovered the crime. 4

    COMMENTS:

    Simply, the law on unjust vexation teaches us the value of respecting others. In whatever we
    do, we should always give everyone due respect, and deal with them with honesty and
    good faith.

    IMPORTANT NOTES:

    1
    G.R. No. 138033, January 30, 2007 Baleros, Jr. vs. People
    2
    The Revised Penal Code – Criminal Law by Luis B. Reyes
    3
    The Revised Penal Code of the Philippines
    4
    Art. 90 - The Revised Penal Code of the Philippines
    Here, screenshots of conversation (not in chronological order).

    I cannot determine who started the conversation.

    The rift was a work related-issue:

    i. Ma’am Glenda being unable to come the next day, ISO Audit.

    ii. Derogatory remarks arose both on personal attacks and work-related issues, e.i.
    Doc Monis shouting employee/s.

    TO DO: FACTS & LAW

    I would not take the case for the following reasons:

    1. I have no notarial commission;

    2. Both parties are my officemates; I don’t want a hostile environment or strained


    relations within the office.

    3. Possible involvement of other people, e.g. Doc Monis, Engr. Antonio.

    However, if the client decides to pursue the case, I can draft the complaint, but I need a
    proper picture on the following:

    i. When was the alleged acts happened and what acts constitute the offense?

    ii. Counter-charge/Defense of the Opposing Party

    a. Defense of Honor

    b. Good faith

    c. Mutual guilt
    Defense

    Good faith is a good defense to a charge for unjust vexation because good faith negates
    malice.

    Defense of honor

    Important

    You must adduce evidence that Ma’am Glenda’s acts have caused annoyance, irritation,
    torment or disturbance to your mind.

    Mutual Guilt

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