What is this animal called Unjust Vexation

What is this animal called Unjust Vexation

By: Atty. Ruben C. Talampas, Jr.

In one of the semesters I’ve handled Criminal Law 2 I asked my students if “Possession of Bad Face” is a crime. One of my students quipped, “no Sir unless the evidence is strong”. Laughter ensued. What would be your evidence if the accused is xxxx? I bantered. Another student jested “res ipsa loquitur” Sir! Laughter (more violent this time). After they were pacified, a serious student of mine asked, Sir would it fall under the crime of unjust vexation if the Complainant was annoyed, irritated, or vexed by someone who has an annoying face?

What is unjust vexation? Unfortunately, it is not defined under our penal laws but is considered as a form of light coercion and punished under the 2nd paragraph of Article 287 of the Revised Penal Code (RPC) 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.” (Now P1,000.00 to P40,000.00 after President Duterte in 2017 signed Republic Act 10951, the law that increases the outdated amounts in the RPC).

In 2009, the late Senator Miriam Defensor Santiago, filed Senate Bill No. 3327 to amend Article 287 of the Revised Penal Code. Said Bill seeks to provide a legal definition for the crime of “unjust vexation” but the Bill failed fruition into law.

Good thing, the Supreme Court has defined unjust vexation as any human conduct which, although not productive of some physical or material harm, would unjustly annoy or irritate an innocent person. The paramount question is whether the offender’s act causes annoyance, irritation, torment, distress or disturbance to the mind of the person to whom it is directed.

Some examples of decided cases of unjust vexations are: a) embracing and taking hold of the wrist of the complainant; b) unjustly cutting off the electricity, water and telephone lines of a tenant; c) stopping a jeep and causing a disturbance without just reasons; d) groping one’s behind if not acts of lasciviousness; etcetera.

Take note however that there must be a positive act or human conduct or physical act that unjustly annoy or irritate a person to establish a case for unjust vexation, thus, in answering the question posed above: having or possessing a bad or annoying face does not constitute unjust vexation, hence, not a crime by itself. Don’t get offended about the “bad face”, if you do, it’s an implied admission, he he. Peace, don’t sue me for unjust vexation.

Interestingly, “unjust vexation” is included in a list of “craziest laws in the world” by RVCJ Media, one of India’s leading websites on viral content. It is also included in the list of “ridiculous laws around the world” published by Thought Catalog, an online magazine.

How about you? Would you like “unjust vexation” to be retained as a crime? Or will you consider the law as a crazy one?

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