ALARMS AND SCANDALS

What are Articles 155 of the

Revised Penal Code?

Santos, Mertin Cristel T.

Juris Doctor (JD) 1-5

Polytechnic University of the Philippines (Manila)

College of Law
Introduction
The words "alarms" and "scandals" are frequently used in discussions of law and
public order. Disruptive, scary, or infuriating events in a community are called alarms
and scandals. Hence, these ideas have legal weight because of their importance in
ensuring public safety and keeping the peace.
In this relation, the nature, legal ramifications, and societal effects of alarms and
scandals are discussed in this article.

Article 155 of the Revised Penal Code

Under the Philippine Law, it is the Revised Penal Code of the Philippines which
provides for the crime of alarms and scandals, and its corresponding penalty, hence, the
following:

Article 155. Alarms and scandals. - The penalty of arresto menor or a fine not
exceeding Forty thousand pesos (P40,000) shall be imposed upon:
1. Any person who within any town or public place, shall discharge any firearm,
rocket, firecracker, or other explosives calculated to cause alarm or danger;
2. Any person who shall instigate or take an active part in any charivari or other
disorderly meeting offensive to another or prejudicial to public tranquility;
3. Any person who, while wandering about at night or while engaged in any other
nocturnal amusements, shall disturb the public peace; or
4. Any person who, while intoxicated or otherwise, shall cause any disturbance
or scandal in public places, provided that the circumstances of the case shall not make
the provisions of Article 153 applicable.1

Punishable Acts.
Based on the foregoing specific provision of the law, it can be concluded that
there are four (4) punishable acts that can be found in Article 155 of the Revised Penal
Code, which are as follows:
1. Discharging any firearm, rocket, firecracker, or other explosive within any town
or public place, calculated to cause alarm or danger;
2. Instigating or taking an active part in any charivari or other disorderly meeting
offensive to another or prejudicial to public tranquility;

1
The Revised Penal Code of the Philippines
 3. Disturbing the public peace while wandering about at night or while engaged
in any other nocturnal amusements; and
4. Causing any disturbance or scandal in public places while intoxicated or
otherwise, provided Art. 153 is not applicable.2
Upon determining the punishable acts under this article, it is evident that the
fundamental element of this crime is the disruption of public peace and calm.
In addition, in accordance with paragraph no. 1, since the law speaks in clear
and categorical language and does not specify where in town the discharge must take
place, it may occur even in a person's home.
However, it is essential to note that when the acts are not meant to cause alarm
or danger, the use of weapons and rockets during town fiestas and celebrations is not
prohibited by the law.
Meanwhile, it is worth emphasizing that a person should not be the target of the
discharge of firearm, in such a case, otherwise, he will not be liable under this article but
to Article 254, which punishes the discharge of firearm.
Furthermore, with respect to paragraph no. 5, if the disturbance is serious, the
same will qualify under Article 153 or Tumults and other disturbance of public orders;
Tumultuous disturbance or interruption liable to cause disturbance.

“Charivari” defined.
The word "charivari" might be anything from a group of people shouting at each
other to a mock serenade of discordant noises played on kettles, tins, horns, etc.3
In this regard, it is imperative to note that the purpose of criminalizing instigators
and active participants in charivari and other forms of disorderly assembly is to deter the
spread of violence.

Relevant Jurisprudence
In an array of cases decided by the Supreme Court of the Philippines, there are
numerous cases that have been ruled in accordance with the interpretation of Article
155 of the Revised Penal Code of the Philippines, hence the following:
In the case of People vs. Gangay, C.A., 40 O.G., Supp. 12, 171, while there were
thirty (30) people in the room, the act of the person who insulted everyone in the room
and challenged the billiards hall owner to a fight resulted in enough commotion and
disorder that the game of pool had to be temporarily stopped.
2
The Revised Penal Code, Criminal Law, Book Two.
3
The Revised Penal Code, Criminal Law, Book Two.
 Hence, the Supreme Court held that this act only violates Article 155, paragraph
4, not Article 153. This is because, despite the fact that the pool hall is a public space,
however there was no significant public disorder that was created.
On the other hand, in the case of People v. Doriquez, G.R. Nos. L-24444-45, July
29, 1968, the defendant was charged with using a firearm against Sixto Demaisip
before the Court of First Instance of Iloilo. As a result, he then filed a motion to dismiss
the information, arguing that it has put him in danger of double jeopardy because he
had already been accused of the crime of alarm and scandal in a complaint brought
before the municipal court of Batad, Iloilo, which was based on the same facts that form
the basis of the charge for discharge of firearm.
The Supreme Court ruled, in this particular case, that it is necessary for there to
be "identity of offenses" for double jeopardy to apply. Hence, it is clear that discharging
a firearm is not a crime that causes alarm and scandal. Therefore, it cannot be said that
every crime of discharge of firearm discharge results in an offense concerning alarm
and scandal.
Furthermore, although the information for the discharge of a firearm instituted
under Art. 258 of the same Code and the indictment for alarm and scandal filed under
Art. 155(1) of the RPC are technically connected in fact, they are unquestionably
different in law.
To begin with, alarm and scandal is an offense against public order, whereas
discharge of a firearm is a crime against persons, therefore the two indictments do not
refer to the same crime. In addition, the gravamen of the latter crime is the discharge of
a firearm against or at a specific person, without intent to kill, whereas the necessary
ingredient of the former crime is the discharge of a firearm meant to cause alarm or
danger to the public.

Summary
In summary, there are four (4) punishable acts that may arise in violation of
Article 155 of the Revised Penal Code, which are expressly stipulated in the same.
Furthermore, in order to avoid confusion and misleading determination of crimes,
it is important to understand that using weapons and rockets during town fiestas and
festivities is not against the law when the actions are not intended to cause alarm or
danger.
Lastly, the “disturbance” mentioned in the aforementioned provision of the law
should not be of a serious nature, otherwise it will qualify under Article 153 or Tumults
and other disturbance of public orders; Tumultuous disturbance or interruption liable to
cause disturbance, of the same Code.
Conclusion
Significant threats to public safety, social cohesiveness, and individual
reputations are posed by alarms and scandals. There are legal structures in place to
deal with these problems and find a middle ground between censorship and public
safety.
Hence, societies can efficiently address alarms and scandals, maintaining a
peaceful climate that preserves public safety and individual rights, by encouraging
responsible communication, promoting openness, and ensuring the appropriate
implementation of laws.