Based on the facts you have provided us, you can file a criminal complaint for unjust vexation which is considered a form of light coercion punishable under Article 287 of the Revised Penal Code, before the proper Office of the City Prosecutor where the elements of the crime is committed:
“Article 287. Light coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.”
In Melchor G. Maderazo, et al. vs. People of the Philippines (G.R. No. 165065, Sept. 26, 2006), the crime of unjust vexation is defined as any human conduct which, although not productive of some physical or material harm, could unjustifiable annoy or vex an innocent person.
The paramount question to be considered is whether the offender’s act causes annoyance, irritation, torment, distress or disturbance to the mind of the person to whom it is directed.
In filing a criminal complaint against the person who sent you the alleged malicious message, you must show as evidence that the actions of the other person caused you annoyance, irritation, distress or disturbance.
Separately, the imputation of you being a “slut” may fall under the criminal case of libel or online libel as defined below:
“Article 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” (Revised penal Code)
“(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future” (Republic Act No. 10175)
Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law to know more. You may reach us at (+632) 8478 5826 or +63 917 194 0482, or email info@duranschulze.com for more information.
Dear Attorney
Blogs
Online Harassment
Dear Atty. Duran-Schulze,
Can I sue or file a complaint if someone harasses me and my daughter online? She told me via Facebook chat that my child has an Anxiety Disorder, and further instigates that I am a slut. She also threatened me to keep my child away from her child; that my child should not be friends with her child because of the said “disorder” she claims.
Dear Writer,
Based on the facts you have provided us, you can file a criminal complaint for unjust vexation which is considered a form of light coercion punishable under Article 287 of the Revised Penal Code, before the proper Office of the City Prosecutor where the elements of the crime is committed:
“Article 287. Light coercions. — Any person who, by means of violence, shall seize anything belonging to his debtor for the purpose of applying the same to the payment of the debt, shall suffer the penalty of arresto mayor in its minimum period and a fine equivalent to the value of the thing, but in no case less than 75 pesos.”
In Melchor G. Maderazo, et al. vs. People of the Philippines (G.R. No. 165065, Sept. 26, 2006), the crime of unjust vexation is defined as any human conduct which, although not productive of some physical or material harm, could unjustifiable annoy or vex an innocent person.
The paramount question to be considered is whether the offender’s act causes annoyance, irritation, torment, distress or disturbance to the mind of the person to whom it is directed.
In filing a criminal complaint against the person who sent you the alleged malicious message, you must show as evidence that the actions of the other person caused you annoyance, irritation, distress or disturbance.
Separately, the imputation of you being a “slut” may fall under the criminal case of libel or online libel as defined below:
“Article 353. Definition of libel. — A libel is public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit, or contempt of a natural or juridical person, or to blacken the memory of one who is dead.” (Revised penal Code)
“(4) Libel. — The unlawful or prohibited acts of libel as defined in Article 355 of the Revised Penal Code, as amended, committed through a computer system or any other similar means which may be devised in the future” (Republic Act No. 10175)
Do you have any further questions that need to be addressed? Talk to our team at Duran & Duran-Schulze Law to know more. You may reach us at (+632) 8478 5826 or +63 917 194 0482, or email info@duranschulze.com for more information.
Latest Blogs
Filing a Delayed Registration of Birth in the Philippines
Everything You Need to Know about the Australian Work and Holiday Visa (Subclass 462)
Guide to Obtain a Treaty Trader or Treaty Investor (9D) Visa in the Philippines
(9G) Pre-Arranged Employment Visa or Work Visa in the Philippines
Filing a Delayed Registration of Birth in the Philippines
Everything You Need to Know about the Australian Work and Holiday Visa (Subclass 462)
Guide to Obtain a Treaty Trader or Treaty Investor (9D) Visa in the Philippines
Ask Us Anything!
info@duranschulze.com
(02) 8478 5826 / +63 917 194 0482
Unit 1210 Highstreet South Corporate Plaza Tower 2, 26th St., Bonifacio Global City, Taguig City, 1634
Automatic Violation of VAWC (RA 9262)
Featured article on Asia Law Portal
Trademark Litigation: "Consumers Missing Party?"
Inheritance of IP Rights: "Necessity of IP Owners"