Dear Atty. Maan,

Our neighbor has been repeatedly posting mocking and disparaging comments about our family in our neighborhood Facebook group, tagging us in posts designed to cause embarrassment and distress. Despite our requests for him to stop, he continues his online harassment purely to annoy and upset us. Can we file a case against this neighbor for his actions?

  Caleb

Dear Caleb,

It seems that the elements of unjust vexation are present in your case.

 Unjust vexation is punished under paragraph 2 of Article 287 of the RPC, as amended by Section 73 of RA 10951, which states:

 “ART. 287. Light coercions.

 Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from P1,000 to not more than P40,000 or both.”

 In its simplest terms, unjust vexation involves using of human conduct to annoy, irritate, torment, distress, or disturbance to the mind of the person without any justifiable reason. In the case of Renato v. People, it was stated that its application “includes any human conduct.” According to the legislative intent of the framers of the law, unjust vexation can be committed by any possible means, such as verbal, material, physical, or other forms of conduct.

 The case of Maderazo, et al. v. People establishes that the second paragraph of Article 287 is broad enough to include any human conduct that, while not causing physical or material harm, could unreasonably disturb or vex an innocent person. It is not necessary to allege compulsion or restraint in the Information, as the crime of unjust vexation can occur without these elements. The key consideration is whether the offender’s actions caused annoyance, irritation, torment, distress, or disturbance to the mind of the targeted person. In unjust vexation, as it is a crime committed with malicious intent (dolo), malice is an inherent element of the offense.

Atty. Mary Antonnette M. Baudi