Unjust Vexation (Art. 287, par.

2)
 Includes any human conduct which although not productive of some physical or
material harm would, however, unjustly annoy or vex an innocent person.
 In determining whether the crime of unjust vexation is committed, the offender's
act must have caused annoyance, irritation, vexation, torment, distress or
disturbance to the mind of the person to whom it is directed.
 It is distinguished from grave and light coercions by the absence of violence.
 Light coercion will be unjust vexation when the element of violence is absent.
 People v. Anonuevo
o Anonuevo forcibly embraced, kissed and fondled 16 y/o Rosita who was
attending a religious service at church. He was convicted of abusos
deshonestos (abuse against chastity). The Court held that absent clear
proof as to motive and considering the circumstances, he should be held
liable for unjust vexation with aggravating circumstance of committing it in
a place dedicated to religious worship.
Slander by Deed (Art. 359)
 Slander by deed is a crime against honor, which is committed by performing any
act (not included in any other crime against honor), which casts dishonor,
discredit, or contempt upon another person.
 It is libel committed by actions rather than words.
 People v Motita
o Motita placed a mirror between the legs of complainant in a public place to
reflect her private parts. The crowd laughed.
o Slander by deed because it was committed to create contempt or ridicule
upon the offended party.
o Slander by deed is committed when annoyance is attended with publicity,
dishonor or contempt. If the annoyance was attended by those
circumstances mentioned in rape, the crime would be acts of
lasciviousness.
 People vs. Valencia
o Kissing a girl in public and touching her breast without lewd designs,
committed by a rejected suitor to cash dishonor on the girl was held to be
slander by deed and not acts of lasciviousness.
Acts of Lasciviousness (Art. 336)
 What constitutes lewd or lascivious conduct must be determined from the
circumstances of each case.
 People v. Jalosjos: definition of “lascivious conduct”
 o “The intentional touching, either directly or through clothing, of the
genitalia, anus, groin, breast, inner thigh or buttocks; or the introduction of
any object into the genitalia, anus or mouth of any person, whether of the
same or opposite sex, with an intent to abuse, humiliate, harass, degrade,
or arouse or gratify the sexual desire of any person; bestiality,
masturbation, lascivious exhibition of the genitals or
pubic area of a person.”
 Must be done under the following circumstances: (Circumstances of Rape)
o By using force or intimidation
o When the offended party is deprived of reason or otherwise unconscious
o By means of fraudulent machination or grave abuse of authority
o When the offended party is under 12 years of age or is demented.
 There is no intent to have sexual intercourse. The lascivious acts are the final
objective sought by the offender.
 People v. Famularcano
o Famularcano was a driver at Camp John Hay. He followed Dionisia
Navarro, hugged her and held her to his chest with the intention of kissing
her and touching her private parts. She resisted and was able to break
free. The SC held him liable for consummated acts of lasciviousness.

SUMMARY: Distinctions between 3 similar crimes

Unjust Vexation - irritation or annoyance; anything that annoys or irritates without
justification.
Slander by Deed - irritation or annoyance + attendant publicity and dishonor or
contempt.
Acts of lasciviousness - irritation or annoyance + any of the circumstances provided in
Art. 335, RPC on rape + lewd designs