Article 287 of the Revised Penal Code: Light coercions and unjust vexation
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 287 say?
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 (Pl5,000).
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.
What does it mean in plain language?
Article 287 has two parts. The first punishes a creditor who uses violence to seize something from a debtor to pay the debt. The second, the one most people search for, punishes "any other coercions or unjust vexations": acts that unjustly annoy, irritate or disturb another person. Unjust vexation is punished by arresto menor (1 to 30 days) or a fine from ₱1,000 to ₱40,000, or both.
Unjust vexation is a catch-all. It covers harassing or annoying acts that do not fit a more specific crime, such as physical injuries, threats or defamation.
How does it work in real life?
Celia: banging on the gate every night
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 damaged. This can be unjust vexation under Article 287(2).
Gary: grabbing a borrower's cellphone
Gary lends money to Jun. When Jun is late, Gary twists Jun's arm and takes his cellphone, saying "Ito na ang bayad mo sa utang mo." Seizing a debtor's property by violence to apply it to the debt is light coercion under Article 287(1). If Jun is injured, physical injuries may also be charged.
Mae: blocked and pulled at the mall
Mae's former classmate keeps blocking her way at the mall and pulling her bag strap "as a joke", after she has told him to stop. Annoyance without injury can be unjust vexation. Depending on the relationship and the facts, other laws may also apply.
What does this mean in practice?
- Short deadline. Unjust vexation is a light felony under Article 9, and the Code says light offenses prescribe in two months (Article 90). Do not wait.
- Barangay first, in some cases. For disputes between people living in the same city or municipality, barangay conciliation may be needed before a case goes to court. Ask the barangay or the prosecutor. See do I need to go to the barangay first?.
- Other crimes may fit better. A slap without injury can be maltreatment under Article 266. Threats belong under Article 282 or Article 285. Noise in public may be alarms and scandals.
- For the full guide, see unjust vexation and noisy neighbor complaint.
What does Article 287 punish?
| Paragraph | Act | Penalty |
|---|---|---|
| 287(1) Light coercion | By means of violence, seizing anything belonging to your debtor to apply it to the payment of the debt | Arresto mayor in its minimum period and a fine equal to the value of the thing, but not less than ₱15,000 |
| 287(2) Unjust vexation | Any other coercions or unjust vexations | Arresto menor or a fine from ₱1,000 to ₱40,000, or both |
The second paragraph reads:
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.
Arresto mayor in its minimum period runs from 1 month and 1 day to 2 months. Arresto menor runs from 1 to 30 days (Articles 27 and 76).
What counts as unjust vexation?
The article does not define it, so courts do. In Baleros v. People (2006), the Supreme Court said unjust vexation exists even without restraint or compulsion, because 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 Court added that the main question is whether the act causes annoyance, irritation, torment, distress or disturbance to the mind of the person it is aimed at.
In that case, the accused was acquitted of attempted rape. But the Court found that pressing a chemical-soaked cloth on a woman's face while pinning her down was unjust vexation under the second paragraph of Article 287. See the glossary entry on unjust vexation.
What is light coercion?
The first paragraph protects debtors from collection by force. Owing money does not allow the creditor to take the debtor's things by violence. A creditor who uses violence to grab the debtor's property to pay the debt commits light coercion. The fine is the value of the thing taken, and never below ₱15,000, on top of arresto mayor in its minimum period.
What did Republic Act No. 10951 change?
Republic Act No. 10951 (2017) raised both fines. The original 1930 text, still printed on the Supreme Court E-Library, set a minimum of 75 pesos for light coercion and "a fine ranging from 5 to 200 pesos" for unjust vexation. Today they are ₱15,000 and ₱1,000 to ₱40,000. The prison penalties did not change.
Frequently asked questions
What is the penalty for unjust vexation?
Under Article 287, as amended by Republic Act No. 10951, arresto menor (1 to 30 days) or a fine from ₱1,000 to not more than ₱40,000, or both.
What is unjust vexation in simple words?
It is any act that unjustly annoys, irritates or disturbs an innocent person, even without physical harm, when the act is not covered by another crime. In Baleros v. People (2006), the Supreme Court said the term is broad enough to include any human conduct that would unjustly annoy or irritate an innocent person.
Can a lender take my things by force to pay my debt?
No. Article 287(1) punishes anyone who, by means of violence, seizes anything belonging to a debtor to apply it to the debt. The penalty is arresto mayor in its minimum period and a fine equal to the value of the thing, but never less than ₱15,000.
How long do I have to file an unjust vexation case?
Unjust vexation is punished by arresto menor or a fine of up to ₱40,000, or both, which Article 9 calls a light felony. Article 90 says light offenses prescribe in two months.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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