CASE DIGEST

CASE DIGEST
MELCHOR G. MADERAZO, SENIFORO PERIDO,

and VICTOR MADERAZO, JR., petitioners,
vs.
PEOPLE OF THE PHILIPPINES, respondent.
G.R. No. 165065
September 26, 2006
FACTS:
 Medaria Verutiao had been the lessee of a stall in the Biliran public market with a
monthly rental of P200.00. She was allowed to finish the construction of the
market stall with the permission of the Municipal Mayor and the Municipal
Treasurer. Municipal Ordinance No. 2, Series of 1984, provides that, to facilitate
the development of the public market, in the absence of adequate government
finance, construction by private parties of buildings and other structures for
commercial purposes may be allowed and the expenses thereof shall be
reimbursed to the builder by applying 50% to the monthly rentals when occupied
for business. She spent P24,267.00 for the construction of the market stall,
however, she was not reimbursed by the Municipality. After the construction, she
then opened the stall for business. She paid the rent for the whole year of 1992
but did not pay the rentals in 1993.
 In 1995, the Municipality partially paid her P10,000.00 of her total expenses in
the construction of the market stall. However, considering that she had not been
fully reimbursed of her expenses for the construction of the stall, she did not pay
her rent.
 On January 17, 1997, she and her husband received a letter-order from Mayor
Melchor Maderazo, directing her to vacate the stall within twenty-four (24) hours
because of her failure to pay the rentals for the stall and that the lease contract
had been cancelled. On January 21, 1997, Mayor Maderazo padlocked the
leased premises. The locks were opened on the authority of the Mayor on
January 27, 1997. The contents of the market stall were inventoried by Victor
Maderazo and taken to the police station for safekeeping. While these were
being undertaken, Verutiao was in her farm about 4 to 5 kilometers away from
the market stall. She considered the act of the Mayor as a political harassment,
given that her husband, was then a candidate for councilor under the ticket of the
opposition; and that she was a leader of the opposing party.
ISSUE: Whether or not the party accused is guilty of the crime of unjust vexation.
THE COURT’S RULING:
 Yes, except for Seniforo Perido. The prosecution adduced proof beyond
reasonable doubt to prove the guilt of petitioners Mayor Melchor Maderazo and
Sangguniang Bayan Member Victor Maderazo, Jr. for unjust vexation.
 Article 287 of the Revised Penal Code reads:
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 to 200 pesos, or both.
 The second paragraph of the Article is broad enough to include any human
conduct which, although not productive of some physical or material harm, could
unjustifiably annoy or vex an innocent person. Compulsion or restraint need not
be alleged in the Information, for the crime of unjust vexation may exist without
compulsion or restraint. However, in unjust vexation, being a felony by dolo,
malice is an inherent element of the crime. Good faith is a good defense to a
charge for unjust vexation because good faith negates malice. The paramount
question to be considered is whether the offender’s act caused annoyance,
irritation, torment, distress or disturbance to the mind of the person to whom it is
directed. The main purpose of the law penalizing coercion and unjust vexation is
precisely to enforce the principle that no person may take the law into his hands
and that our government is one of law, not of men. It is unlawful for any person to
take into his own hands the administration of justice.
 Although Verutiao was not at her stall when it was unlocked, and the contents
thereof taken from the stall and brought to the police station, the crime of unjust
vexation was nevertheless committed. For the crime to exist, it is not necessary
that the offended party be present when the crime was committed by said
petitioners. It is enough that the private complainant was embarrassed, annoyed,
irritated or disturbed when she learned of the overt acts of the petitioners.
Indeed, by their collective acts, petitioners evicted Verutiao from her stall and
prevented her from selling therein, hence, losing income from the business.
Verutiao was deprived of her possession of the stall from January 21, 1997.
 Even as we find petitioners Mayor Melchor Maderazo and Victor Maderazo, Jr.
guilty of unjust vexation, we find petitioner Seniforo Perido deserving of an
acquittal. The Prosecution failed to prove that he conspired with the other
petitioners. He was at the situs of the stall merely to witness the inventory and
ensure peace and order. He agreed to have the contents of the stall of Verutiao
stored in the police station presumably to protect the property from the elements
and asportation by thieves until after Verutiao shall have claimed the same or the
disposition thereof determined by the authorities concerned.

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MELCHOR G. MADERAZO, SENIFORO PERIDO,

THE COURT’S RULING:

 Article 287 of the Revised Penal Code reads:

Any other coercions or unjust vexations shall be punished by arresto menor or a

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