Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HOUSEBILLNo.10510
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Introduced by Representative Jaime R. Fresnedi
EXPLANATORY NOTE
This bill seeks to remove the vague crime of unjust vexation in our penal law. Unlike
other crimes, there is no way for a law-abiding person to avoid committing this crime, as its
definition is left up to the complainant who would file a case against the former.
There have been numerous cases of conviction for unjust vexation that points to the act
that it is a "catch-all crime." Each case concerned a different act, of which there is no law that
expressly  forbade  such  act.  It  amounts  to  allowing  anyone  to  define  what  act  is  unjustly
vexatious and then have a court agree with their allegation, denying due process to the one
accused.
Our Constitution specifically forbids ex pof//cJc/a laws. By criminalizing an act which
is  not  defined  as  a  crime  at  the  time  of commission,  our  courts  effectively  retroactively
criminalize that act in violation of our Constitution. In addition, it is a principle in criminal
law,I repeatedly upheld in Philippine jurisprudence, that there can be no crime for an act that
is not specifically defined by prevailing law as a forbidden or criminal.
Thuso it is essential that we repeal the crime of unjust vexation.
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Republic of the Philippines
HOUSE 0F REPRESENTATIVES
Quezon City, Metro Manila
NINETEENTH CONGRESS
Second Regular Session
HousEBILLNO.fflo
Introduced by Rep. Jaime R. Fresnedi
AN ACT
ABOLISHING UNJUST VEXATION AS A CRIMINAL OFFENSE, AMENDING FOR
THE  PURPOSE  ARTICLE  287  0F  ACT  NO.  3815,  AS  AMENDED,  OTHHRWISE
KNowrN AS THE REVISED PENAL CoDE
Be  it  enacted  by  the  Senate  and  the  House  Of Representatives  Of the  Philippines  in
Congress assembled:
SECTION 1. Article 287 of the Revised Penal Code is hereby amended to read as follows:
"ARTICLE 287. xxx
"[Any other coercions or unjust vexations shall be punished by arresto menor or
a fine ranging from 5 pesos to 200 pesos, or both.]"
SEC. 2. EJr€cJ o# Pcndj.ng Cases.  -All pending cases under the provisions of Article
287 of the Revised Penal Code on Unjust Vexation prior to its amendment by this Act shall be
dismissed upon effectivity of this Act.
EEC . 3. Immediate Release Of Comiicted Persons. ~ AIL persons serving seITtenee tor
violation of the provisions of Article 287 of the Revised Penal Code on Unjust Vexation prior
to  its  amendment  by  this Act  shall  be  immediately  released  upon  effectivity  of this Act:
Prow.cJecJ, That they are not serving sentence or detalned for any other offense or felony.
SEC.  4.  Rcipec7/r.#g  C'/ci#sc.  - All Acts,  Presidential  Decrees,  Executive  Orders  and
Administrative Orders, Rules and Regulations and other such issunnces or parts thereof which
are inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
SEC.  5.  E/rcc/i.+Jj.ty  C/ci"£e.  -  This  Act  shall  take  effect  fifteen  (15)  days  after  its
publication in the Official Gaaette or in at least two (2) newspapers of general circulation.
Approved,
1