1. Concept and legal basis
| Article 287… |
| x x x |
| Any other coercions… 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. (Act 3815, Revised Penal Code, as amended by R.A. 10951) |
2. Elements of the offense
Elements of the offense:
1) The offender commits any other coercion or unjust vexations; and,
2) They are not covered by grave or light coercion. (Paragraph 2, Article 287, Ibid.)
NO COMPULSION OR RESTRAINT REQUIRED: The second paragraph of Article 287 is broad enough to include any human conduct which, although not productive of some physical or material harm, could unjustifiably annoy or vex an innocent person. Compulsion or restraint need not be alleged in the Information, for the crime of unjust vexation may exist without compulsion or restraint. (Maderazo v. People, G.R. No. 165065, 26 September 2006)
MALICE: In unjust vexation, being a felony by dolo, malice is an inherent element of the crime. (Ibid.)
GOOD FAITH: Good faith is a good defense to a charge for unjust vexation because good faith negates malice. (Ibid.)
TEST: The paramount question to be considered is whether the offender’s act caused annoyance, irritation, torment, distress or disturbance to the mind of the person to whom it is directed. (Ibid.)
PURPOSE: The main purpose of the law penalizing coercion and unjust vexation is precisely to enforce the principle that no person may take the law into his hands and that our government is one of law, not of men. It is unlawful for any person to take into his own hands the administration of justice. (Ibid.)
References
⦁ Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code
/Updated: January 18, 2023
