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Unjust Vexation: Meaning in Philippine Law

Quick answer

Unjust vexation is any act that unjustly annoys, irritates or disturbs an innocent person, even if it causes no physical or material harm. It is a light offense punished by the second paragraph of Article 287 of the Revised Penal Code, which deals with "light coercions".

What does the law say?

Article 287, as amended by Republic Act No. 10951, says:

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.

Article 287, Revised Penal Code

The law does not define the term. The definition comes from the Supreme Court.

How does the Supreme Court define unjust vexation?

In Baleros v. People (2006), the Court said the term is "broad enough to include any human conduct which, although not productive of some physical or material harm, would unjustly annoy or irritate an innocent person." The main question, it said, is whether the act causes annoyance, irritation, torment, distress or disturbance to the mind of the person it is aimed at.

The Court also said unjust vexation exists even without restraint or compulsion. In that case, the accused was acquitted of attempted rape. The Court held that his acts against the complainant were unjust vexation, punishable as light coercion under the second paragraph of Article 287, and found him guilty of that.

How heavy is the penalty?

The penalty is arresto menor (one to thirty days) or a fine of ₱1,000 to ₱40,000, or both. Under Article 9, an offense with this penalty is a light felony. On deadlines, Article 90 says light offenses prescribe in two months.

Example

Made-up illustration: Every night for a week, Lito bangs on his neighbor Celia's gate at 2 a.m. and runs away, only to annoy her. Nobody is hurt and nothing is broken. This may be unjust vexation. If Lito had threatened to hurt Celia, the act could instead be a threat (see grave threats).

Where can I read more?

See Unjust vexation in the Philippines for examples and what to do, and Noisy neighbor complaint.

Which provisions use this term?

Frequently asked questions

What is an example of unjust vexation?

Repeatedly banging on a neighbor's gate late at night only to annoy her may be unjust vexation. Whether the facts fit is decided by the prosecutor and the court.

Is unjust vexation a light felony?

Yes. Its penalty is arresto menor or a fine of ₱1,000 to ₱40,000, or both. Article 9, as amended, calls infractions punished by arresto menor or a fine not exceeding ₱40,000, or both, light felonies.

Is there a deadline to file a case for unjust vexation?

Article 90 of the Revised Penal Code says light offenses prescribe in two months. Under Article 91, the period runs from the day the crime is discovered by the offended party, the authorities or their agents.

General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.

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