Legal Remedies for Unjust Vexation in the Philippines

Query: "Can Unjust Vexation be dismissed, especially if more than two months have passed before it reached the court?"

Understanding Unjust Vexation and its Prescription Period

Unjust Vexation, classified under the Revised Penal Code of the Philippines, is a misdemeanor offense falling under "Other Light Threats and Coercions" and carries a light penalty. The offense covers acts that cause unnecessary irritation, trouble, or annoyance to another person, and is often considered a catch-all provision for behavior that is annoying but not covered by specific offenses.

Prescription Period for Unjust Vexation

The legal concept of prescription refers to the time limit within which a complaint or charge must be filed. In the case of Unjust Vexation, which falls under light offenses, the prescription period is two months as stated in Article 90 of the Revised Penal Code. This means that a case for Unjust Vexation should ideally be filed within two months from the date of the offense .

Dismissal of Unjust Vexation Charges

If the case for Unjust Vexation is not filed within the two-month period, it can be dismissed on the grounds of prescription. To achieve this, a motion to dismiss should be filed, highlighting the expiration of the prescription period. It is important to note that the prescription period begins from the date the offense was committed, and if the offense is continuous or recurring, the prescription period begins from the last occurrence of the offense.

Conclusion

To dismiss a case of Unjust Vexation, especially if more than two months have passed since the offense, the defense should file a motion to dismiss based on the prescription of the offense. It is crucial to provide evidence that supports the timeline and demonstrates that the case was filed outside the allowable period.