542 Phil. 309
GARCIA, J.:
The Solicitor General contends that accused-appellant should be held liable for unjust vexation under Art. 287(2) of the Revised Penal Code. However, the elements of unjust vexation do not form part of the crime of rape as defined in Art. 335 of the Revised Penal Code. Moreover, the circumstances stated in the information do not constitute the elements of the said crime. Accused-appellant, therefore, cannot be convicted of unjust vexation.Petitioner’s reliance on Contreras is misplaced. There, the 12 identical Informations[3] substantially alleged:
The undersigned State Prosecutor accuses IAN CONTRERAS Y EROY, based on the sworn declaration of one ANGELIC OCRENAS y CONTRERAS assisted by NELENE DIAZ y OCRENAS of the crime of "STATUTORY RAPE IN RELATION TO R.A. 7610," committed as follows:Unlike the 12 separate Informations in Contreras, the indicting Information for attempted rape against the petitioner in the instant case contains averments constituting and thus justifying his conviction for unjust vexation, a form of light coercion, under Article 287 of the Revised Penal Code. Here, the Information reads:
That between the period from May to June 1996 in Valenzuela, Metro Manila and within the jurisdiction of this Honorable Court, the above-named accused with lewd design, did then and there willfully, unlawfully and feloniously have sexual intercourse with one ANGELIC OCRENAS y CONTRERAS, age 6 years old.
Contrary to law.
The aforequoted Information states all the facts and ingredients that fully apprised the petitioner of the nature and cause of the accusation against him, in compliance with his constitutional right to be informed of the nature of the charges against him.
That about 1:50 in the morning or sometime thereafter of 13 December 1991 in Manila and within the jurisdiction of this Honorable Court, the above-named accused, by forcefully covering the face of Martina Lourdes T. Albano with a piece of cloth soaked in chemical with dizzying effects, did then and there willfully, unlawfully and feloniously commenced the commission of rape by lying on top of her with the intention to have carnal knowledge with her but was unable to perform all the acts of execution by reason of some cause or accident other than his own spontaneous desistance, said acts being committed against her will and consent to her damage and prejudice. (Italics ours.)
Contrary to law.
The paramount question [in a prosecution for unjust vexation] is whether the offender's act causes annoyance, irritation, torment, distress, or disturbance to the mind of the person to whom it is directed. That Malou, after the incident in question, cried while relating to her classmates what she perceived to be a sexual attack and the fact that she filed a case for attempted rape proved beyond cavil that she was disturbed, if not distressed, by the acts of the petitioner.For being a mere rehash of those already passed upon and found to be without merit in the Decision sought to be reconsidered, the other grounds relied upon by the petitioner in his Motion for Partial Reconsideration in support of his plea for a complete acquittal need not be belabored anew.