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Unjust Vexation)
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. 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.
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?
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