1) Snapshot: what “unjust vexation” covers

Unjust vexation (Revised Penal Code, Art. 287, as amended) is the catch-all offense for acts that annoy, irritate, humiliate, or disturb another without lawful or sufficient justification—and which do not squarely fall under a more specific crime. Think minor but willful harassment, petty intimidation, needless meddling, pranks done to spite someone, or pestering that invades peace or privacy.

Key ideas courts look for

An act not otherwise penalized by a specific provision
Causing annoyance/irritation/humiliation or similar disturbance
Intent to vex (willfulness), not mere accident
No legal justification (e.g., official duty, consent)

Penalty range (high level). It is a light offense punishable by arresto menor and/or fine (amounts adjusted by R.A. 10951). Because it’s a light offense, prescription is short (see §8 below).

If the conduct actually fits a more specific law—e.g., grave coercions, slander/libel, acts of lasciviousness, Safe Spaces Act offenses, Anti-VAWC, or data privacy violations—proceed under that law. A demand letter can still be used; just tailor the legal basis.

2) Are demand letters required?

No. A demand letter is not a legal prerequisite for filing an unjust vexation complaint. Yes—but helpful. Properly crafted, it can:

Stop the conduct early (cease-and-desist effect)
Show intent and willfulness (recipient is on notice yet persists)
Create a clean timeline (dates, descriptions, continuity of acts)
Support barangay conciliation (attach the letter)
Settle civil aspects (apology, reimbursement, token damages)
Preserve professionalism (especially for workplace or neighbor disputes)

3) When a demand letter is strategically best

Ongoing petty harassment (text/call nuisance, stalking-lite, prank deliveries)
Neighbor or HOA friction (noisy disturbances, gate blocking, camera angles intruding)
Workplace (repeated snide messages, nonsexual but vexatious acts)
School/student matters (bullying behaviors short of other crimes)
Online conduct (mock groups, harassing posts/DMs, doxxing attempts). If done through ICT, be aware that special cyber rules can affect penalties; preserve screenshots and headers.

4) Contents of an effective demand letter

A good letter is factual, calm, and specific—not a rant.

A. Parties and relationship

Your full name and address; recipient’s complete name and address (or company + attention to the person)
If writing to an employer/HR (workplace issue), limit facts to what HR must know; avoid gratuitous personal data

B. Facts in chronological bullets

Dates, times, places, platforms (e.g., Facebook post link, SMS number, unit number)
What was said/done, who witnessed, immediate impact

C. Legal basis (succinct)

State the acts constitute unjust vexation under Article 287 (RPC), as amended
If applicable, mention related policies (company rules/house rules), Safe Spaces Act (if catcalling/gender-based harassment), or Data Privacy Act (if personal data misuse). Do not over-plead—pick what truly fits.

D. Clear demands

Cease and desist from specified acts
Rectification: delete posts, retract statements, return items, remove camera angle, surrender duplicate keys, etc.
Apology or undertaking (optional but useful)
Damages (if any): receipts for actual expenses; state you reserve rights to claim moral/exemplary damages in the criminal case’s civil aspect

E. Compliance window

Reasonable deadline (commonly 5–10 calendar days) from receipt

F. Evidence & preservation

Enclose/attach copies: screenshots (with URLs/time stamps), photos, call logs, chat exports, CCTV stills
Tell recipient to preserve evidence (spoliation warning)

G. Next steps if ignored

Barangay conciliation (if parties reside in the same city/municipality and no statutory exception applies)
Filing a criminal complaint with the City/Provincial Prosecutor, including a claim for civil damages
For online conduct, note that use of ICT may affect penalties under cyber provisions

H. Tone and formatting

Professional, dispassionate, no threats of violence, no public shaming
Use letterhead if counsel-sent; otherwise sign above printed name with ID details

5) Service & proof you actually sent it

Registered mail with return card (RD + AR) or reputable courier with delivery confirmation
Personal service with a companion witness; ask recipient to acknowledge receipt (if willing)
Email (to known address) with read receipt + simultaneous physical service when possible
Keep copies of: the letter, proof of delivery, envelopes, tracking pages, email headers—these become exhibits.

6) Barangay conciliation interplay (Katarungang Pambarangay)

For many unjust vexation disputes between individuals living in the same city/municipality, barangay conciliation is a mandatory pre-complaint step (subject to statutory exceptions—e.g., when one party is a public officer acting in official duties, cases involving juridical entities as parties, or where the offense carries a penalty exceeding the KP coverage, among others).

Why it matters

You typically need a Certificate to File Action (CFA) if conciliation fails or the other party refuses to appear.
Filing at the barangay interrupts prescription (see §8).
Attach your demand letter and proof of service; it shows notice and failed private resolution.

Typical flow

File a complaint with the Punong Barangay (bring IDs, evidence, addresses)
Mediation; if unsuccessful, referral to the Lupon for conciliation
Settlement (reduced to writing) or CFA issuance after impasse/non-appearance
Use the CFA to proceed to the Prosecutor’s Office

7) Prosecutor complaint (criminal) and civil claims

Documents to prepare

Affidavit-Complaint (narrative with elements mapped)
Annexes: your demand letter, proofs of delivery, screenshots/photos, recordings (with proper foundation), witness affidavits, barangay CFA (if required)
Identification: valid government ID; if counsel signs, attach SPA or proof of authority

Process (high level)

Docketing → subpoena to respondent → counter-affidavit → clarificatory hearing (if any) → resolution
If probable cause is found, Information is filed in court
At trial, you can recover actual, moral, exemplary damages and attorney’s fees as the civil aspect of the criminal case (prove them).

8) Prescription & timing (critical for unjust vexation)

Being a light offense, unjust vexation has a short prescriptive period.
As a rule of thumb: act promptly.
Demand letters do not stop prescription. What does: filing at the barangay (when KP applies) or lodging the case with proper authorities.
For continuing or repeated acts, the prescriptive clock typically counts from the last act—but don’t cut it close; document each instance and file early.

9) Evidence playbook (make your demand letter “trial-ready”)

Screenshots that show URL, platform, date/time, username; export chat threads (e.g., “Export Chat” features)
Witnesses: identify by full name and contact; secure short witness affidavits early
CCTV/Bodycam/Dashcam: extract clips; keep original file + hash if possible; note camera location and time settings
Call logs/recordings: identify device, number, date/time; apply two-party consent rules where relevant
Physical incidents: photos with reference objects; incident diary contemporaneously written
Delivery proofs (RD card, courier tracking, email headers)
Keep it lawful: don’t obtain evidence through illegal intrusion (risking exclusion or separate liability).

10) Risks & ethics of sending a demand letter

Escalation risk: choose neutral wording; consider routing through counsel or barangay if dynamics are volatile
Defamation exposure: do not publish your allegations widely; send only to those who have a legitimate interest (e.g., HR, HOA, barangay)
Data Privacy: disclose only necessary personal data; mask unrelated sensitive information
Retaliation: if you fear harm, skip direct service and go straight to barangay/prosecutor; consider protective measures where another statute applies (e.g., VAWC for intimate partner violence)

11) Common defenses to anticipate—and how the demand letter helps rebut them

“It was a joke / no intent.” Your letter memorializes notice that the acts are unwanted; persistence after notice evidences willfulness.
“De minimis / harmless.” Document frequency, context, and impact (sleep disruption, missed work, anxiety).
“I was exercising a right/duty.” Your facts should negate lawful justification (e.g., no valid authority to enter your premises).
“Consent.” Your letter expressly withdraws any prior tolerance and sets a clear boundary.

12) Templates you can adapt

A) Cease-and-Desist & Demand (individual recipient)

[Date]

[Recipient Name]
[Address]

Subject: Demand to Cease and Desist from Unjust Vexation

I am writing to demand that you immediately cease and desist from the following acts which, as detailed below, constitute unjust vexation under Article 287 of the Revised Penal Code, as amended:

1) [Date/Time/Place/Platform] – [Describe specific act]
2) [Date/Time/Place/Platform] – [Describe specific act]
[Add bullets as needed]

These acts have caused me [annoyance/embarrassment/disruption of peace/etc.] without lawful justification. Enclosed are copies of [screenshots/photos/call logs/CCTV stills] supporting these incidents.

DEMANDS:
(a) Immediately cease the above acts;
(b) Within [5/10] calendar days from receipt, [delete posts/retract statements/return property/apologize in writing/undertake not to repeat the acts];
(c) Preserve all relevant evidence (digital and physical) and refrain from deletion or alteration.

Failing compliance, I will initiate barangay conciliation (as applicable) and file a criminal complaint with the Office of the Prosecutor, including claims for damages and costs, without further notice.

This letter is sent without prejudice to my rights and remedies under law.

Very truly yours,

[Signature over Printed Name]
[Address / Email / Mobile No.]
[ID No., if desired]
Attachments: [List]

B) Counsel-sent variant (to HR/HOA/School, concise)

[Law Office Letterhead]
[Date]

The [Company/Association/School]
Attention: [HR Manager/Administrator/Chair]
[Address]

Re: Notice and Demand – Unjust Vexation by [Name, Position/Unit]

We represent [Client]. On the dates below, [Name] engaged in repeated acts that vexed and disturbed our client without lawful justification:

• [Date/Time/Place] – [Act + brief context]
• [Date/Time/Place] – [Act + brief context]

Kindly (1) require [Name] to cease the foregoing; (2) implement appropriate internal measures consistent with your policies; and (3) confirm action taken within five (5) days of receipt. Absent prompt action, we will pursue remedies including barangay conciliation (as warranted) and criminal complaint, with a civil claim for damages.

Respectfully,
[Counsel Name, PTR/IBP/MCLE Nos.]
Copy furnished: [Respondent]

13) Practical timelines (example)

Day 0–2: Draft and send demand letter; assemble evidence bundle
Day 3–12: Wait for reply/compliance; if urgent, go straight to barangay/prosecutor
By Day 15 (or earlier): If ignored or violations continue, file at the barangay (when KP applies) to interrupt prescription and attempt settlement
After CFA or exception: File Affidavit-Complaint with annexes at the Prosecutor’s Office

14) Quick checklist before you send

Facts are specific, dated, and provable
Tone is calm, no defamatory flourishes
Demands are clear; deadline is reasonable
Evidence attached, originals safeguarded
Service method ensures proof of receipt
Consider if KP/other pre-litigation step applies
Calendar prescriptive period; don’t let it lapse

15) Frequently asked mini-Qs

Q: Can a “simple apology” end the case? A: It can be a good settlement term, but persistence after apology may revive or strengthen the case. If a barangay settlement is signed, it has the force of a final compromise; a breach can be enforced.

Q: What if the acts are online and anonymous? A: Send a general demand to known channels and proceed with complaint; identity can be pursued via lawful processes (subpoenas to platforms/ISPs) once the case is underway.

Q: Should I notarize the demand letter? A: Not required. If you execute a separate sworn statement (affidavit of the facts) for annexing later, get that notarized.

Q: Can I claim damages in the demand letter? A: Yes—name actual expenses (with receipts) and reserve moral/exemplary damages for the case. Keep figures realistic.

Bottom line

A demand letter is optional but powerful in unjust vexation cases: it draws a legal boundary, documents willful persistence, and positions you for barangay conciliation and prosecution without jeopardizing prescription—provided you act promptly and keep meticulous proof.