Two months to file unjust vexation complaint

Dear PAO,

We have a new neighbor who has been very annoying since he transferred here in our barangay. He
would make some noise at night by shouting, as if in a confrontation with someone but he is only talking
to himself. What is more annoying is that just last week he brought home a dog. His dog is generally
quiet during the day when my neighbor is out of the house but at night, he would play with his dog and
sometimes irritate it, making it bark so loud. I already filed a complaint before our Barangay for unjust
vexation and after several conferences, I was given a certification to file action. I just want to know until
when I can file my formal complaint. I am planning to go to the province and I have not decided yet
when I intend to come back. Please advise me on this matter.

Cosme

Dear Cosme,

In the book, The Revised Penal Code, Criminal Law, by Honorable former Associate Justice of the Court
of Appeals Luis B. Reyes, he mentioned that:

“Unjust vexation includes any human conduct which, although not productive of some physical or
material harm would, however, unjustly annoy or vex an innocent person. (Guevara)

The paramount question to be considered, in determining whether the crime of unjust vexation is
committed, is whether the offender’s act caused annoyance, irritation, vexation, torment, distress or
disturbance to the mind of the person to whom it is directed. x x x” (page 605, Book Two, Sixteenth
Edition 2006)

In the situation which you have shared, it appears that your neighbor’s acts have been causing
annoyance and disturbance to you in particular. For which reason, you have lodged a complaint before
the Barangay against him. You also mentioned that your Barangay has issued a certificate to file action
in your favor. Accordingly, you may now proceed in filing your complaint before the Office of the
Prosecutor which has jurisdiction over your place of residence as this is where the crime of unjust
vexation transpired.

We wish to emphasize, though, that you may only pursue the said criminal complaint within a period of
two (2) months counted from the day on which you, the authorities, or their agents discovered the
crime. The counting of the said period is nevertheless interrupted when you filed your complaint before
the Barangay and will commence to run again upon the termination of the Barangay conciliation
proceedings and the issuance of the certificate to file action. This is in consonance with Section 73 in
relation with Section 1 of Republic Act (R.A.) No. 10951, amending Articles 287 and 9 of our Revised
Penal Code, as well as Articles 90 and 91 of the said law:

“Section 73. Article 287 of the same Act is hereby amended to read as follows:
xxx

“Any other coercions or unjust vexations 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.

Section 1. Article 9 of Act No. 3815, otherwise known as “The Revised Penal Code” is hereby amended to
read as follows:

Art. 9.

Light felonies are those infractions of law or the commission of which the penalty of arresto menor or a
fine not exceeding Forty thousand pesos (40,000) or both is provided. x x x”
“Art. 90. Prescription of crime. x x x

Light offenses prescribe in two months.

Art. 91. Computation of prescription of offenses. — The period of prescription shall commence to run
from the day on which the crime is discovered by the offended party, the authorities, or their agents,
and shall be interrupted by the filing of the complaint or information, and shall commence to run again
when such proceedings terminate without the accused being convicted or acquitted, or are unjustifiably
stopped for any reason not imputable to him.” (Emphasis ours)

Correspondingly, it will be best for you to institute your complaint before the Office of the Prosecutor
within the abovementioned period as failure to do so would result in the prescription of the crime which
you intend to file against your neighbor.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely
on the facts you have narrated and our appreciation of the same. Our opinion may vary when other
facts are changed or elaborated.