Light Coercions

ART.287

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.

Elements
1. Offender must be a creditor;
2. He seizes anything belonging to his debtor:
3. The seizure of the thing be accomplished by means of violence or a display of material force producing intimidation;
4. The purpose of the offender is to apply the same to the payment of the debt.


Any other coercion or unjust vexation

Paragraph 2 of Art. 287 covers unjust vexation. It includes any human conduct which, although not productive of some physical or material harm would, however, unjustly annoy or vex an innocent person.

Light coercion under the 1st paragraph of this article will only be unjust vexation if the 3rd element (employing violence or intimidation) is absent.

Unjust Vexation is distinguished from grave coercion by the absence of violence.

Bar Exam Question (1994)

Unjust Vexation vs Acts of Lasciviousness (1994)

When is embracing, kissing, and touching a girl's breast considered only unjust vexation instead of acts of
lasciviousness?

Suggested Answer:

The acts of embracing, kissing of a woman arising either out of passion or other motive and the touching of her breast as a mere incident of the embrace without lewd design constitute merely unjust vexation (People vs, Ignacio. CA GRNo. 5119-R, September 30, 1950). However, where the kissing, embracing and the touching of the breast of a woman are done with lewd design, the same constitute acts of lasciviousness (People vs. Percival Gilo, 10 SCRA 753).