REPUBLIC OF THE PHILIPPINES

DEPARTMENT OF JUSTICE
OFFICE OF THE CITY PROSECUTOR
MUNTINLUPA CITY

Little Red Riding Hood, Complainant In a case of: Unjust Vexation

vs.

Big Bad Wolf, Accused

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COUNTER- AFFIDAVIT

I, BIG BAD WOLF, Filipino, of legal age, and resident of Alabang Hills, Muntinlupa City,
after having been duly sworn to in accordance with the law do hereby depose and say:

1.That I am respondent for the crime of unjust vexation now pending before the City
Prosecution Office of Muntinlupa;

2.That I vehemently deny the allegations in the complaint filed against me for being false,
fabricated and malicious.

3.) That the facts are as follows:

3.1) That at 3:00 in the afternoon of October 1, 2018, I posted on my Instagram

account a photo of a snake with a caption: "Ang Ahas Nanuklaw, Bow!".

3.2) That the complainant and I both follow each other on Instagram

3.3) That morning of the following date, I was confronted by Red Riding Hood that
she was offended by my post;

3.4) That before I could explain myself to her, she threatened to file the next day a
criminal case for unjust vexation

3.5) That I did not have any malicious intent against the complainant.

4.That the case filed against me is motivated by bad faith.

5. Based on the foregoing facts, I believe that no unjust vexation was committed by me
against the complainant.

6. That because of the apparent lack of definition of unjust vexation, any act or omission
complained of which does not fall under any provision of the Revised Penal Code is
considered as unjust vexation.

7. However, the following jurisprudence as given to me by my counsel provide an insight

of what really constitutes as unjust vexation:

7.1) In People v. Reyes, the defendants were punished for unjust vexation for the
act of disturbing or interrupting a ceremony of a religious character;1

7.2) In People v. Yanga, 100 Phil. 385, November 28, 1956, accused was
convicted of unjust vexation for the act of compelling the complainant to do something
against his will, by holding the latter around the neck and dragging him from the latter’s
residence to the police outpost. 2

7.3) In People v. Abuy, G.R. No. L-17616, May 30, 1962, the accused was
prosecuted for unjust vexation for the act of embracing and taking hold of the wrist of the
complainant.3

7.4) In People v. Reyes, 98 Phil. 646, March 23, 1956, it was held that the act of
seizing, taking and holding possession of passenger jeep belonging to complainant,
without the knowledge and consent of the latter, for the purpose of answering for the debt
of the said owner, constitutes unjust vexation4

8. That, according to my counsel, Article 287, par. 2 of the Revised Penal Code condemns
no specific act or omission.

9. That any and all kind of acts that are not specifically covered by any other provision of
the Revised Penal Code and which may cause annoyance, irritation, vexation, torment,
distress or disturbance to the mind of the person to whom it is directed may be punished
as unjust vexation.

10. That the acts complained against me did not amount to any of the acts considered as
unjust vexation by the law and jurisprudence as the post is not directed to any person
much less to the complainant.

1 People v. Reyes, 60 Phil. 369, August 23, 1934

2 People v. Yanga, 100 Phil. 385, November 28, 1956
3 People v. Abuy, G.R. No. L-17616, May 30, 1962
4 People v. Reyes, 98 Phil. 646, March 23, 1956
11. That, according to my counsel, there is a well-known principle in criminal law stating
that no act is a crime unless punished by law.

12. That no intent nor harm or injury was done to the complainant and that the picture
was posted merely for entertainment purposes as I found the same funny and amusing.

13. That my counsel believes that my acts cannot be considered as unjust vexation, and
if so, the act is petty and minor to be punished by arresto menor or a fine ranging from 5
pesos to 200 pesos, or both as stated under Art. 287 of the Revised Penal Code.

I WITNESS WHEREOF, I hereby affix my signature this 15th day of October 2018 in the
City of Muntinlupa, Philippines.

Big Bad Wolf

Affiant

SUBSCRIBED and sworn to before me in Muntinlupa City on October 15, 2018, the affiant
showing his SSS Member ID Card as stated above as competent proof of his identity.

NOTARY PUBLIC

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Series of 2018