Alarms and Scandals
Dear PAO,
Just recently, two of my neighbors had an altercation because neighbor “A” caused disturbance in the wee hours of the morning that infuriated neighbor “B”. The mother of neighbor “A” is now worried because somebody told HER THAT NEIGHBOR “B” WILL fiLE a complaint for “Alarms and Scandal”. Is there really a crime as such? My brother said that he READ ONLINE BEFORE THAT THE fiNE for that crime is only P200. Is that correct?
Bhaby
Dear Bhaby,
There is a crime called “Alarms and Scandals”.
Under the law, it may be committed in any of the following means:
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.” (Article 155 of Act 3815, otherwise known as the Revised Penal Code [RPC]), as amended by Section 19, Republic Act 10951)
Accordingly, if neighbor “A” indeed caused disturbance that falls under any of the aforementioned circumstances, then neighbor “B” may validly initiate a complaint against him. But of course, the latter must be able to establish his allegations against the former.
As to the fine imposed for the commission of the crime of Alarms and Scandals, it bears stressing that prior to its amendment, the penalty imposed for the commission of the crime of Alarms and Scandals is “arresto menor or a fine not exceeding P200” (Article 155, RPC). However at present, in view of its amendment, the penalty imposed for the commission of such crime is “arresto menor or a fine not exceeding Forty thousand pesos (P40,000).” (Section 19, RA 10951; underlining supplied).
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@ manilatimes.net