Republic of the Philippines

Second Judicial Region

Municipal Trial Court
Branch 1
Santiago City

PEOPLE OF THE PHILIPPINES,

Plaintiff, Crim. Case. No. 01-112021
For: Unjust Vexation
-versus- (Art. 287 of RPC)

Howard Wolowits,
Accused.
X------------------------------------------X

POSITION PAPER OF THE PLAINTIFF

THE PLAINTIFF, by counsel, unto this Honorable Office, by

way of compliance with the order dated January 23, 2019,
respectfully submits this position paper and state that:

STATEMENT OF FACTS AND

RELEVANT ANTECEDENTS

On December 21, 2018 at around 3 o’ clock in the afternoon, the

plaintiff together with her friends was at Barangay Kaligayahan
Plaza, Santiago City watching the Ms. Kaligayahan program. While
watching the show, there was a man unknown to the group seated
beside them who kept staring at the plaintiff and later on the said
man uttered the words toward the plaintiff “Maganda ka sana miss
kung di lang maliit ang dibdib mo” which caused shock and humiliation
to her because it was heard by other people watching the same
program.

After the incident, the plaintiff and her friends decided to go to

the cafeteria in order to avoid the offender and further humiliation by
him. Minutes later, the same man came to the group of the plaintiff
and all of a sudden fondled the latter’s breast which caused irritation,
vexation, torment, distress and disturbance to the mind of the
plaintiff.

The plaintiff accompanied by her friends went to the nearest

police station and reported the incident. The police officers then went
to the place where the said man was as described by the plaintiff and
brought him to the police station. After questioning the said man, it
was found that his name was Howard Wolowits, a resident of
Barangay Caggay, Cagayan.

ISSUE

1. The sole issue is whether or not the accused should be

convicted of the crime Unjust Vexation penalized under
paragraph 2 of Article 287 of the Revised Penal Code.

DISCUSSIONS

In the crime of unjust vexation, the paramount question

to be considered is whether the offenders act caused annoyance,
irritation, torment, distress or disturbance to the mind of the person
to whom it is directed (People v. Reyes, 60 Phil. 369). In any given case
where an unknown man who all of a sudden fondles the breast of a
woman in front of her friends and in a crowded place would
obviously cause the offended woman to be annoyed, irritated,
humiliated and disturbed.

In this case, the above question essential to prove unjust

vexation is present considering that the offender did the act in front
of the plaintiff’s friends and inside a cafeteria filled with people
which caused her annoyance and irritation.

Furthermore, in unjust vexation, being a felony by dolo, malice

is an inherent element of the crime. Based on the statements of
witness and the plaintiff herself, the accused, prior to the act of
fondling the breasts of the plaintiff in the cafeteria, was said to have
kept staring at the plaintiff while watching the program and even

2
uttered the words toward the plaintiff “Maganda ka sana miss kung di
lang maliit ang dibdib mo”. The behavior of the accused coupled with
the utterance of offensive words toward the plaintiff clearly show
that the overt act of fondling her breast was with intent and malice.

As can be glanced upon the statement of the plaintiff and

supported by the affidavits of witnesses, the elements of Unjust
Vexation is both established, (1) that the acts complained of caused
annoyance, irritation, torment, distress or disturbance to the mind of
the person, (2) that the act done was with malice.

PRAYER

WHEREFORE, premises considered, it is respectfully prayed

that the accused be convicted of the crime Unjust Vexation under
paragraph 2 of Article 287 of the Revised Penal Code.

PLAINTIFF also respectfully prays for such and other reliefs

which the Honorable Court may be deem just and equitable under
the premises.

Santiago City, Isabela, January 30, 2019.

SANTIAGO CITY PROSECUTORS’S OFFICE

Hall of Justice
Santiago City

Pros. Leonard Hofstadter

Asst. City Prosecutor
Roll of Attorneys No. 62028
IBP No. 976893

3
 VERIFICATION AND CERTIFICATION

I, NATALIE SALAZAR, of legal age, Filipino Chinese, after being

sworn to in accordance with law, depose and say:

1. That I am the plaintiff in the above-entitled case;

2. That I caused the preparation of the Position Paper and read

and understood the contents thereof;

3. That the allegations contained in the Position Paper are true

and correct to the best of my knowledge and belief;

In WITNESS WHEREOF, I have affixed my signature this 30th day of

January 2019 in Quezon City, Metro Manila.

NATALIE SALAZAR

SUBSCRIBED AND SWORN to before me this 30th day of January

2019 in Santiago City, Isabela.

Doc. No. 30
Page No. 23 CHANDLER BING
Book No. 23 NOTARY PUBLIC
Series of 2019 PTR No. 1077517 1/3/2018,
IBP O.R No. 491316,
1/3/2018,
Office Address:
143 Masaya Street
Brgy. Kaligayahan, Santiago
City, Isabela