Now, let us tackle the other dimension the Samson Macariola affair…
What is unjust vexation?
Sadly, unjust vexation under our penal laws is undefined, intentionally or otherwise. Some criminal law minds (not criminal minds) think this is a catch-all provision where any crime that it not otherwise defined there will fall under unjust vexation.
So let’s go to dictionary definition of the term.
As defined here, vexation is defined as the act of harassing or causing trouble. So unjust vexation must mean harassing our causing trouble without justifiable reasons.
Can you give examples?
There’s a well-researched blog entry by a Bacolod-based lawyer here that already gave examples, such as:
1. Disturbing and interfering with a religious ceremony;
2. Stopping a jeep and causing a disturbance without just reasons;
3. Embracing and taking hold of the wrist of a complainant;
4. Unjustly cutting off the electricity, water and telephone lines of a tenant
What is the punishment for unjust vexation?
Unjust vexation is punished under the 2nd paragraph of Article 287 of the Revised Penal Code that says:
“Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both.”
Again, a slap in the wrist and very much probationable.
Can Samson Macariola be guilty of unjust vexation?
Of course, given the catch-all nature of this penal provision, he can be liable under it.
IMHO, however, the vexation is justified. I believe that exposing the security risk and blunders of those tasked to protect us is more than enough justification.
As a matter of fact, these blundering security people should be the ones charged for unjust vexation for their huge security blunders.
And there are some people questioning the presence of that catch-all crime in our penal laws in the first place. Some people think this law is unconstitutional.
For more information, read that entry of that Bacolod-based lawyer. He tackled unjust vexation in more detail.
Have a nice weekend…
5 Comments
26 February 2008 at 6:32 pm
Is unjust vexation a criminal case?
22 April 2008 at 8:01 am
A certain friend of mine was found by the fiscal during inquest to have allegedly committed unjust vexation. This after dismissing the case filed by the complainant for discovery of secrets under art.290 RPC.
The contention of my friend is that he was merely taking pictures within a public place (in a store/ business establishment).
Mere taking of pictures is not a crime.
It may have caused annoyance to the manager of the store but said act is not unjust or illegal to fall under art.287 (2).
What are your thoughts on this?
Thank you very much.
18 May 2008 at 8:51 am
An unidentified male came to our ancestral house introduced himself to my 84 yr old mom as a relative of my late dad. He asked for financial help so he can claim the body of his dead baby in a local hospital. He also asked my mom who else lives with her (she lives there with one helper), who owns the apartment in our compound, where does one daughter live . . . Since my mom had no money at that time, she told him to come back after two days. My sister’s verification with the hospital showed no such case. After two days, the guy showed up to claim Mom’s promised assistance. My sister was there by then with my mom and talked awhile with him before calling the police. No money was actually given because the police already arrested him. Found in his pocket was a piece of paper with names, ages, addresses of what is believed to be prospective victims. The police said we can only charge him with attempted extortion. Not even unjust vexation daw because he never harassed my mom. Is this true?
9 December 2008 at 4:10 pm
yes…….as define in the RPC that is not punishable by unjust vexation because the acts being done is not cause by harrasing your mom, and never fall under article 287, because in the said act was not merely imbarass or made any damages which constitute the elements of unjust vexation…
26 June 2009 at 1:16 am
please help me about my problem sir. unjust vexation ba ang pwede kong i file na kaso sa kapitbahay namin na naglagay ng basketball ring sa gilid ng bahay nila na nasa harapan naman namin. kapag may naglalaro po kasi ng basketball doon sa tapat namin eh. madalas tumatama yung bola sa pintuan namin at sa bubungan. araw-araw po ganun ang eksensa. labis na po akong naiirita at nadidistruct nang dahil doon. i tried to talk to them regarding this matter. but they ignored me. sabi nila hindi naman daw nakakabit yun sa amin at wala kaming rights na tanggalin ang basketball ring na yun o utusan silang tanggalin yun. apektado na rin pati ang pagtulog namin. what kind of legal actions would i do sir? kung hindi po unjust vexation ang pwede kong ikaso sa kapitbahay namin anu pong kaso ang pwede? please help me out sir. thanks!