UNJUST VEXATION

CASE
 UNJUST VEXATION
Art. 287 Sec. 2

Shall be punished by arresto menor or a fine ranging from 5 pesos to 200 pesos,
or both.

ELEMENTS:

1. That the offender must be a creditor.

2. That the sizes anything belonging to his debtor.
3. That the seizure of the thing be accomplished by means of violence or a
display of material force producing intimidation.
 Republic of the Philippines
Department of Interior and Local Government
National Police Commission
Philippine National Police
Marikina City Police station
Marikina Municipal Police Station
Marikina City

REFFERAL SLIP
February 5, 2017

The Honorable City Prosecutor

National Prosecution Service
City Prosecution Office
Marikina City

Sir/Madam:

I have the honor to refer to you these cases of violation of Article 287, paragraph
2 of the Revised Penal Code as Unjust Vexation for your evaluation and proper
disposition wherein the person being accused is one:

SUSPECT:
Roger Palma y Recto, 30 years old, Single, Tricycle Driver, a native of Leyte and
presently residing at Bautista St, Brgy. Concepcion, Marikina City. Arrested suspect
was appraised of his constitutional rights during the arrest.

ARRESTING OFFICER
PO1 Noel Gatan and PO3 Irish Boy Cruz of Marikina Police Station.

FACTS OF THE CASE:

Initial investigation showed that on cited TDPO, on or about 1:00 a.m. of
February 5 2017 at Mini Stop in Brgy. Concepcion, Marikina City, wherein the suspect,
Roger Palma Recto harassed Ericka Canlas, while he walked around the store. He
suddenly approached the victim, and placed a small piece of mirror under her skirt.
When the victim caught him in the act, the victim immediately reported the incident to
the Headquarters of Marikina Police Station to file a complaint. Francis Lim saw the
circumtances of disrespect in the area of Brgy. Concepcion, Marikina City.

Enclosure:

1. Affidavit of Arrest
2. Spot Report
3. Blotter
4. Sworn Statement of the Witness
5. Sworn Statement of the Complainant
 Police Blotter

Entry Date Time INCIDENT/EVENT Disposition

No.

001 Feb 5, 2017 1:00 A.M (Unjust Vexation) For Investigation

On this given time and date, turned over
to this office by PO1 Noel Gatan and PO3 Irish
boy Cruz in this station, Roger Palma y Recto,
30 years old, Single, Tricycle Driver, a native
of Leyte and presently residing at Bautista St,
Brgy. Concepcion, Marikina City. The above-
mentioned arrested the alleged suspect for
Unjust Vexation, The Harassing of
complainant, one Ericka Canlas, 20 years old,
Single, Call Center Agent, Native of Albay and
presently residing at #134 San Luis St., Brgy.
Concepcion, Marikina City.
Initial investigation showed that on cited
TDPO, on or about 1:00 a.m. of February 5
2017 at Mini Stop in Brgy. Concepcion,
Marikina City, wherein the suspect Roger
Palma Recto harassed Ericka Canlas, while he
walked around the store. He suddenly
approached the victim, placed a small piece of
mirror under her skirt, when the victim caught
him in the act. The victim immediately reported
the incident to the Headquarters of Marikina
Police Station to file a complaint. Francis Lim
saw the circumstances of disrespect in the
area of Brgy. Concepcion, Marikina City.

PO3 Irish Boy Cruz

Officer on case
 Republic of the Philippines
Department of Interior and Local Government
National Police Commission
Philippine National Police
Marikina Provincial Office
Marikina Police Station
Marikina City

MEMORANDUM

FOR : The City Director

Marikina City Police Office
Marikina, City
(Attn: C, DID)

FROM : The Station Commander

SUBJECT : Spot Report

Re (Unjust vexation)

DATE : Feb. 5, 2017

1. Reference: Police Blotter with Entry No. 001, Page 0001 date
05 Feb 2017 Re- subject same as above.

2. ICOW the above cited subject and reference, please be informed that on
or about 1:00 am of February 5 2017 at Mini Stop in Brgy. Concepcion, Marikina
City transpired wherein victim identified as one Erica Canlas, 20 years old, Single, Call
Center Agent, Native of Albay and presently residing at #134 San Luis St., Brgy. Concepcion,
Marikina City.Was placed a small piece of mirror under her skirt, suspect identified
as one one Roger Palma Recto, 30 years old, Single, Tricycle Driver, Native of Leyte and
presently residing at #143 Bautista St., Brgy. Concepcion, Marikina City.

3. Initial investigation showed that on cited TDPO, on or about 1:00 a.m. of

February 5 2017 at Mini Stop in Brgy. Concepcion, Marikina City, wherein
the suspect Roger Palma Recto harassed Ericka Canlas, while he walked
around the store. He suddenly approached the victim, placed a small
piece of mirror under her skirt, when the victim caught him in the act. The
victim immediately reported the incident to the Headquarters of Marikina
Police Station to file a complaint. Francis Lim saw the circumstances of
disrespect in the area of Brgy. Concepcion, Marikina City.
4. Suspect was turned over to the station investigation division
Together with the confiscated evidence for proper action and
disposition.

5. Progress report to follow.

6. Officer On-Case: PO1 Noel Gatan, and PO2 Irish Boy Cruz, of this
station.

__Paul Mark Razon__

Police Superintendent
MALAYA AT KUSANG LOOB NA SALAYSAY NI ERICKA CANLAS NA BINIGAY DITO
SA SILID SIYASATAN HIMPILAN NG PULISYA NG BINANGONAN NGAYON IKA 31
NG MAY 2017 NA KINUHA NI P1 NOEL GATAN SA HARAP NI PO3 IRISH BOY CRUZ

TANONG: Marunong ka ba bumasa, sumulat, at umunawa ng wikang tagalog na

siyang natin gagamitin sa oras ng pagsisiyasat na ito.
SAGOT: OPO
PASUBALI: Matapos ko ipaalam sayo ang ilan saiyong mga karapatan alin sunod sa
ating binagong saligang batas na umiiral ikaw ba ay nakahanda parin namagbigay ng
iyong malayang salaysay sa kabila ng wala kang kaharap na abugado na papatnubay
sayo at ang sasabihin mo lang ay pawang katotohanan lamang?
SAGOT: OPO

ERICKA CANLAS
NAGSALAYSAY

T. - Kung gayonturan mo muli ang iyong pangalan edad at ilang pang

pagkakakilanlan satunay mong pagkatao?
S. - Ako po ay si Ericka Canlas 20years old, dalaga, call center agent, tubong albay
at kasalukuyang naninirahan sa #134 San Luis St., Brgy. Concepcion, Marikina City.
T. Ano dahilan at ikaw ay narito sa aming himpilan at nagbibigay ng iyong
salaysay?
S. Nais ko po magreklamo.
T. Ano naman ang nais mo ireklamo?
S. Dahil ako po ay binosohan.
T. Sinu ba naman ang ng boso sayo?
S. Roger Palma Recto a.k.a Roger.
T. Saan ka naman binosohan ng nabanggit mong tao?
S. Sa mini stop.
T. - Kailan saan at anong oras ba naman ikaw ay binosohan?
S. Humigit kumulang alas 1:30 ng February 5 ng 2017 Mini Stop in Brgy.
Concepcion, Marikina City,
T. - Paano ba naman ikaw ay binosohan?
S. Habang ako po ay bumibili ng pagkain sa ministop may isang lalaki na lumapit
at may hinulog at diko napansin yon pagkalipas po ng ilang segundo napansin ko
tingin ng tingin siya sa ibaba yun pala meron maliit na salamin at ako kanyang
binobosohan
T. - Sa ikaliliwanag ng pagsisiyasat na ito maari mo bang isalaysay ang buong
pangyayari?
 S. Ganito po iyon bandang ala una 1:30am ng umaga Habang ako po ay bumibili
ng pagkain sa ministop may isang lalaki na lumapit at may hinulog at di ko napansin
yun pagkalipas po ng ilang segundo napansin ko tingin ng tingin sya sa ibaba un
pala meron maliit na salamin at ako kanyang binobosohan.
T. - Nasaan ba naman itong nang boso sayo?
S. Siya po (at this juncture declarant pointing to a male person inside the
investigation room who when asked his name identified)
Himself as one Roger Palma y Recto, 30 years old, Single, Tricycle Driver, a
native of Leyte and presently residing at Bautista St, Brgy. Concepcion, Marikina
City. In the course of investigation.
T. Sinu ba naman ang mga pulis na humuli sa taong ng boso sayo?
S. - Sina PO1 Noel Gatan and PO3 Irish Boy Cruz ng Marikina Police Station.
T. - Wala na muna ako itatanong sayo may nais ka pa ba idagdag or ibawas sa
iyong salaysay
S. - Wala na po.
T. Handa mo bang lagdaan at panumpaan itong salaysay mo bilang patunay sa
sinasabi mo?
S. Opo

X__________ WAKAS NA SALAYSAY___________X

ERICKA CANLAS
NAGSASALAYSAY

NILAGDAAN AT PINANUMPAAN dito sa harap ko ngayon ika 31 ng Mayo, taong 2017,

Binangonan, Pilipinas

PSI MARK PAUL RAZON

Under R.A 6975 Sec. 50

CERTIFICATION
I hereby certify that I have personally examined the affiant and that I am satisfied
that she had voluntary executed and understood the foregoing statement.

PSI MARK PAUL RAZON

Under R.A 6975 Sec. 50
 Republic of the Philippines
Department of Interior and Local Government
National Police Commission
Philippine National Police
Marikina City Police station
Marikina Municipal Police Station
Marikina city

MEMORANDUM
FOR : City Director, CRO 8
Attn: Chief, ROPD

FROM : City Director

SUBJECT : Investigation Report

Re: Unjust Vexation at Mini Stop in Brgy.
Concepcion, Marikina City, On February 5,2017

DATE : 5 February 2017

I. AUTHORITY:
Verbal Instruction of the city Director to submit after Operation
Report

II. MATTERS INVESTIGATED:

Unjust Vexation taking transpired in Mini Stop in Brgy. Concepcion,
Marikina City
On February 5, 2017

III. FACTS OF THE CASE:

Initial investigation showed that on cited TDPO, on or about 1:00
a.m. of February 5, 2017 at Mini Stop in Brgy. Concepcion,
Marikina City, wherein the suspect Roger Palma Recto harassed
Ericka Canlas, while he was walking around the store.

IV. DISCUSSION:
On February 5, 2017 on or about 1:00 o`clock in the morning this
office receive an information regarding Unjust Vexation at Mini Stop
in Brgy. Concepcion, Marikina City.
Republic of the Philippines)
MARIKINA CITY) S.S
x- - - - - - - - - - - - - - - - - - - - - - /

AFFIDAVIT OF ARREST

THAT, We PO1 Noel Gatan, and PO2 Irish Boy Cruz, both of legal age and
members of the Philippine National Police, presently assigned at Marikina City Police station,
after having duty sworn with accordance to the law, do hereby receive and state the following:

THAT, we presently assigned at the Marikina Police Station with 12 hours tour of duty
every day.

THAT, on or about 10:30 o`clock in the morning of February 5, 2017, victim named
Erica Canlas, 20 years old, Single, Call Center Agent, Native of Albay and presently residing
at #134 San Luis St., Brgy. Concepcion, Marikina City.

THAT, immediately after receiving the information, we proceeded to the said area of
incident for follow up investigation. Wherein, we arrested and took to custody the specified
man, as identified by the victim, to Marikina Police Station for further investigation.

THAT, the suspect identified as one Roger Palma Recto, 30 years old, Single,
Tricycle Driver, Native of Leyte and presently residing at #143 Bautista St., Brgy. Concepcion,
Marikina City. Likewise, the alleged suspect was appraised his Constitutional Rights.

THAT, based on the forgoing facts of the above named suspect, He was charged
with, the Article 287 paragraph 2 of the Revise Penal Code of the Philippines, Unjust Vexation.

In WITNESS WHERE OF, we have here unto set our hands below this 5th day of
February 2017 at Marikina City, Philippines.

PO1 Noel Gatan PO2 Irish Boy Cruz

AFFIANT AFFIANT

Mark Paul Razon

Police Senior Inspector