How to File an Unjust Vexation Case in the Philippines

A comprehensive, step‑by‑step legal primer

1. Quick‐Look Checklist

Question	Key Point
What is it?	A criminal offense consisting of any willful act, without authority of law, that annoys, irritates, or disturbs another in a manner not rising to a more serious felony.
Legal basis	Art. 287 (second paragraph) of the Revised Penal Code (RPC), as amended by R.A. 10951.
Penalty	Arresto menor (1–30 days) or a fine ≤ ₱ 5,000, or both.
Prescriptive period	60 days (light offense).
Venue & trial court	Municipal/Metropolitan/Metropolitan Circuit Trial Court (MTC/MeTC/MCTC) of the place where the act was committed.
Barangay conciliation required?	Yes, if parties live in the same city/municipality and no exemption applies.

2. Statutory Basis

Article 287 RPC

“Any person who, without authority of law, shall commit any act of unfairness or unjust vexation… shall suffer arresto menor or a fine not exceeding ₱ 5,000, or both.”
Republic Act 10951 (2017) – Adjusted the maximum fine from ₱ 500 to ₱ 5,000 (inflation update).
Classification – Light felony (§ 9 RPC) → subject to summary procedure and short prescriptive period.

3. Elements of Unjust Vexation

Act performed: Any human conduct—not necessarily violent—causing irritation, annoyance, humiliation, or disturbance.
Without lawful justification: No legal right, duty, or authority to act.
Intent to cause vexation: Willful, conscious design to annoy (malice may be presumed from the act itself).
Victim suffers annoyance or irritation: Actual harm need not be physical; moral or mental disturbance suffices.

Tip: The act must not already constitute a distinct, more specific felony (e.g., slander by deed, grave coercion, acts of lasciviousness). If it does, charge that specific crime instead.

4. Comparison with Kindred Offenses

Offense	Key Distinction
Grave Coercion (Art. 286)	Requires force/intimidation compelling another to do something against their will.
Slander by Deed (Art. 359)	Act done in the presence of others that casts dishonor or contempt on the offended party.
Alarm & Scandal (Art. 155)	Requires serious public disturbance/alarm.
Safe Spaces Act (R.A. 11313)	Covers gender‑based public harassment; penalties are administrative‑criminal hybrids.

5. Penalties & Collateral Consequences

Penalty	Range	Notes
Arresto menor	1 day – 30 days	Usually served at city/municipal jail; may be suspended by probation.
Fine	≤ ₱ 5,000	Court may impose fine alone or alongside imprisonment.
Probation	Available	Because max penalty ≤ 1 year.
Civil liability	Art. 100 RPC	Court may award damages; separate civil action also possible.

6. Prescription & Timeliness

Criminal action must be filed within 2 months from the date of commission (§ 90 RPC).
Interruption occurs upon filing of the complaint with the prosecutor or barangay.
Execution of penalties must commence within 3 years after judgment becomes final (§ 93 RPC).

7. Prerequisite: Barangay Justice

Under R.A. 7160, ch. VII (Katarungang Pambarangay):

When required – Offense punishable by ≤ 1 year imprisonment and/or fine ≤ ₱ 5,000, parties reside in the same city/municipality.
When excused – Government official acting in official capacity; serious physical injuries; cases with no private offended party, etc.
Process
- Date of filing of the Barangay Complaint marks tolling of prescriptive period.
- If mediation/conciliation fails, the Lupon Secretary issues a Certificate to File Action – required for the prosecutor.

8. Step‑by‑Step Filing Procedure

Step 1 Collect Evidence

Witness statements (preferably sworn).
Documentary/physical proof (videos, texts, photos, CCTV).
Proof of identity and residence of both parties (barangay certs, IDs).

Step 2 Prepare the Complaint‑Affidavit

Full legal name, age, address, nationality.
Narration of facts in chronological order, highlighting each element.
Specific act of vexation, date, time, place.
Intent inferred or evidenced (words uttered, threats, context).
Witness list and attached evidence.
Verification & certification against forum shopping (if filed directly in court; not needed before prosecutor).
Notarize or administer oath before prosecutor/innoc.

Step 3 Determine Proper Venue & Jurisdiction

Scenario	Where to File
Ordinary route	Office of the City/Provincial Prosecutor of the place of commission.
Direct filing (rare)	Clerk of Court of the MTC if prosecutor unavailable; still subject to DOJ review.

Step 4 (If required) Barangay Mediation

File Punong Barangay Complaint.
Attend mediation (15 days) → if unresolved, proceed to Pangkat ng Tagapagkasundo (another 15 days).
If still unresolved, obtain Certificate to File Action (valid for 60 days).

Step 5 Lodge the Complaint with the Prosecutor

Submit: Complaint‑Affidavit + evidence + barangay certificate (if applicable).
Receive a docket number.
No filing fee for criminal complaints before the prosecutor.
Prosecutor may require clarificatory hearing.

Step 6 Preliminary Investigation (Rule 112, Rules of Court)

Subpoena to the respondent (with complaint & attachments); 10 days to submit Counter‑Affidavit.
Rejoinder/Reply cycle (optional).
Prosecutor evaluates probable cause; issues Resolution.
If probable cause exists → files Information with the MTC.
Parties may file Petition for Review to DOJ within 15 days if aggrieved.

Step 7 Court Proceedings (Rule 119, Rule 120)

Arraignment (within 30 days of information filing).
Possible plea bargaining (fine only).
Pre‑trial & trial – summary procedure often applies, expediting hearings.
Judgment – conviction or acquittal; promulgated in open court.
Appeals – notice of appeal to RTC within 15 days; further to CA/SC via Rule 65 or Rule 45.

Step 8 Execution & Remedies

If fine only – pay within period fixed by court; else subsidiary imprisonment.
If imprisonment – credit of preventive detention (time served) under Art. 29 RPC.
Probation application within 15 days of sentencing (if qualified).
Civil damages enforced via writ of execution.

9. Defenses & Mitigating Factors

Defense	Illustration
Lack of intent to annoy	Act done in good faith (e.g., lawful inspection).
Justifiable motive/authority	Parent disciplining minor child; police acting under warrant.
Absence of vexation	Victim did not actually feel annoyance; or annoyance too trivial & protected by de minimis non curat lex.
Prescription	Complaint filed after 60 days.
Plea to lesser offense / probation	Practical strategy post‑arraignment.

10. Evidentiary & Practical Tips

Capture context – mere rude words may be slander; ensure the narrative fits unjust vexation.
Corroborate – multiple witness testimonies strengthen intent element.
Preserve electronic evidence – authenticate via Cybercrime Office or NBI if needed.
Observe time limits – expedite barangay and prosecutor filings to beat prescription.
Consider settlement – fine is small; amicable settlement may save cost and time.

11. Frequently Cited Philippine Jurisprudence

Case	G.R. No. / Date	Holding
Yap v. People	189122 • 5 Mar 2010	Insults and public berating inside courtroom held unjust vexation; intent inferred.
Isip v. People	159347 • 27 Jun 2006	Displaying obscene material to embarrass complainant constitutes unjust vexation.
Reyes v. People	195494 • 10 Apr 2019	Persistent unwanted calls & texts = “vexatious”; conviction affirmed.
People v. Dominguez	CA‑G.R. CR 20725 • 28 Jan 2016	Throwing water at neighbor in anger convicted; slander by deed rejected for lack of public dishonor.

Note: Jurisprudence refines what constitutes “annoyance” and clarifies overlaps with other felonies.

12. Interaction with Special Laws

Scenario	Consider charging also / instead
Gender‑based harassment in public	Safe Spaces Act (R.A. 11313)
Unwanted sexual advances at work	Anti‑Sexual Harassment Act (R.A. 7877)
Online stalking / threats	Cybercrime Prevention Act (R.A. 10175)
Bullying in schools	Anti‑Bullying Act (R.A. 10627)

13. Frequently Asked Questions

Can I sue if the incident happened two months ago? – File immediately; the 60‑day prescriptive period is strict. Delays risk dismissal.
Is barangay conciliation always mandatory? – Generally yes, unless parties reside in different cities/municipalities or an exemption under R.A. 7160 applies.
Do I need a lawyer? – Not strictly, but legal assistance is strongly advised for drafting affidavits and navigating hearings.
What if the respondent keeps harassing me during the case? – File a separate complaint (grave threats, unjust vexation anew) or seek a Protection Order if gender‑based.
Can I recover damages for emotional distress? – Yes; file a civil action (can be impliedly instituted with the criminal case) for actual, moral, and exemplary damages.

14. Practical Takeaways

Document everything early – small offenses fade quickly in memory and law.
Mind the barangay step – skipping it is fatal to jurisdiction.
Tailor the charge – sometimes allied crimes carry stiffer penalties or better fit the facts.
Prepare for mediation – prosecutors and judges often encourage settlement for light offenses.
Stay within time limits – two months to file, 15 days to contest prosecutor’s resolution, etc.

15. Conclusion

Unjust vexation is the Philippine legal system’s catch‑all crime for petty yet malicious annoyances. While the penalties are modest, the procedural requirements—barangay conciliation, complaint‑affidavit, preliminary investigation, trial—mirror those of graver felonies. Mastery of the deadlines, proper venue, and evidentiary essentials ensures your complaint survives dismissal and moves swiftly toward redress.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Laws and jurisprudence evolve, and facts vary; consult a Philippine lawyer for guidance specific to your situation.

How to File an Unjust Vexation Case in the Philippines