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'UNJUST VEXATIONS'

It's possible to sue someone for a bad joke or a prank


 

If you were annoyed and distressed by someone's bad joke or prank, a legal expert says you can definitely sue even if there was no material or physical harm.

On Unang Hirit's "Kapuso Sa Batas" on Friday, Atty. Gaby Concepcion explained that the offense may fall under "unjust vexations."

"Ito ay isang 'catch-all provision' dahil kasali dito ang kahit na anong gawain na nagreresulta sa matinding inis o kabwisitan sa isang tao. Kaya nga vexation na hindi makatarungan," she said.

Concepcion cited Article 287, Paragraph 2 of the Revised Penal Code, which states:

Art. 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.

Any other coercions or unjust vexations shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos, or both.

 

The paramount question to be considered, she explained, is whether the offender's act caused annoyance, irritation, torment, distress, or disturbance in the mind of the victim.

Offenders found guilty of the crime will pay a fine of P200 and up to a month of imprisonment.

The discussion sprung from a dispute between neighbors in Sampaloc, Manila.

John Michael Laurete filed a complaint against his neighbor JJ, who threatened him with a fake rifle. JJ said that he was part of the police operation "Tokhang."

Laurete after a sleepless night was informed by JJ that it was merely a joke.

"Lumapit ho siya sa 'kin kanina. Siya daw nanutok sa akin ng baril, nakikipag ayos. Pero 'di ko pwede basta mapapatawad 'yong ganun na tinutukan niya ako," said Laurete in an interview with Oscar Oida for 24 Oras on Thursday.

PO1 Charlton Estavillo of MPD Station 4 sided with Laurete, adding that fake guns should not be used to scare people as a joke or prank. —Aya Tantiangco/JST/KVD, GMA News