ALARMS AND SCANDAL

laweachweek

February 26, 2012

 

  1. What are the acts punished as alarms and scandal?

    • Discharging any firearm, rocket, firecracker, or other explosive within any town or pubic place, calculated to cause or that which produces alarm or danger.

    • Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquillity.

    • Disturbing the public peace while wandering about at night or while engaged in any other nocturnal amusements.

    • Causing any disturbance or scandal in public places while intoxicated or otherwise.

    2. Does the discharge of firearm or rocket be particularly done in the town or public place to constitute Alarms and Scandal?

    No. The discharge of firearms, rocket, etc., in one’s garden located in the town is sufficient to come in violation of this provision of law, as long as such act produces alarm or danger.

    3. How is the “discharge of firearm” in alarms and scandal be any different from the “DISCHARGE OF FIREARMS” which is a distinct act punished in article 254 of the same Revised Penal Code?

    Under paragraph one, article 155, the discharge of the firearm should not be aimed at a person; otherwise, the offense would fall under article 254, punishing the discharge of firearm.

    4. Is the discharge of firecrackers or rockets during fiestas of festive occasions covered by paragraph 1 of this Article?

    No.

    5. How is the phrase “calculated to cause alarm or danger” construed to qualify an act constituting Alarms and Scandal?

    The phrase “calculated to cause alarm or danger” was taken from the Spanish text which read “queproduzcaalarma o peligro.” Hence, it is the result, not the intent, that counts. The act must produce alarm or danger as a consequence.

    6. What is Charivari?

    The term “charivari” includes a medley of discordant voices, a mock serenade of discordant noises made on kettles, tins, horns, etc., designed to annoy or insult.

    7. What is/are the punishment for the acts constituting under article 155 or Alarms and Scandal?

    The penalty of arresto mayor or a fine not exceeding 200.00 pesos is imposed upon any person who commits any act/s which constitutes Alarms and Scandal. (Bryan Magcanta, Contributor)