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Two months to file unjust vexation complaint...

Two months to file unjust vexation complaint
"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. CosmeDear 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:x x x“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 xLight 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.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ."
 

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"Two months to file unjust vexation complaint" was written by Mary under the Legal Advice category. It has been read 134 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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