I. Overview

Article 155 of the Revised Penal Code punishes the offense commonly known as alarms and scandals. It is a crime against public order, specifically against public tranquility. The law is aimed at acts that create alarm, disorder, scandal, or disturbance in a community, even if no physical injury, property damage, rebellion, sedition, or graver public disorder results.

Although Article 155 is a relatively minor offense compared with riot, tumultuous disturbance, direct assault, or unlawful discharge of firearms under special laws, it remains important because it criminalizes conduct that disturbs the peace of the public or a community.

As amended by later legislation adjusting fines under the Revised Penal Code, the penalty under Article 155 is:

arresto menor or a fine not exceeding ₱40,000.

II. Text and Substance of Article 155

Article 155 penalizes any person who commits any of the following acts:

Discharging any firearm, rocket, firecracker, or other explosive within any town or public place, calculated to cause alarm or danger;
Instigating or taking an active part in any charivari or other disorderly meeting offensive to another or prejudicial to public tranquility;
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, provided the act is not covered by Article 153 or Article 154.

The common thread is disturbance of public peace. The law does not require that someone be physically injured. It is enough that the act is of such a character as to create public alarm, scandal, danger, or disturbance.

III. The Penalty: Arresto Menor or Fine Not Exceeding ₱40,000

A. Arresto menor

The principal imprisonment penalty under Article 155 is arresto menor.

Under the Revised Penal Code, arresto menor lasts from one day to thirty days.

Thus, a person convicted under Article 155 may be sentenced to imprisonment within the range of:

1 day to 30 days.

Arresto menor is the lightest custodial penalty under the Revised Penal Code. It is lower than arresto mayor, which runs from one month and one day to six months.

B. Fine

The alternative penalty is a fine not exceeding ₱40,000.

Before the adjustment of fines under Republic Act No. 10951, Article 155 carried a much lower fine. The modern amount reflects the statutory adjustment of outdated peso amounts in the Revised Penal Code.

The court may impose a fine instead of arresto menor, subject to the limit fixed by law. Since the law states “or,” the penalty may be either imprisonment or fine, depending on the circumstances and the discretion of the court within legal limits.

C. Nature of the penalty

Because the penalty is only arresto menor or a fine, Article 155 is generally treated as a light felony under the Revised Penal Code framework.

This classification matters because it affects prescription, procedure, and the seriousness of the criminal liability.

IV. Periods of Arresto Menor

Arresto menor is divided into three periods:

Period	Duration
Minimum	1 day to 10 days
Medium	11 days to 20 days
Maximum	21 days to 30 days

In sentencing, courts may consider modifying circumstances such as aggravating or mitigating circumstances, although in practice Article 155 cases are usually handled as minor public-order offenses.

V. When Article 155 Applies

Article 155 applies only when the act does not amount to a graver offense.

It is often used for acts that are disorderly, noisy, alarming, scandalous, or disruptive, but not serious enough to fall under provisions punishing tumultuous disturbance, unlawful use of means of publication, serious threats, direct assault, physical injuries, malicious mischief, or violations of special laws.

The law covers four broad types of conduct.

A. Discharging a firearm, rocket, firecracker, or explosive calculated to cause alarm or danger

This mode punishes the discharge of a firearm, rocket, firecracker, or other explosive in a town or public place when the act is calculated to cause alarm or danger.

The important points are:

The act must involve discharge of a firearm, rocket, firecracker, or explosive.

It must occur within a town or public place.

The act must be calculated to cause alarm or danger.

The offense may exist even if no one is hit or injured. The evil punished is the public alarm or danger caused by the discharge.

However, if the act results in injury, death, damage to property, illegal possession or use of firearms, or violation of special firearms or explosives laws, Article 155 may no longer be the controlling charge, or it may be charged together with or absorbed by a graver offense depending on the facts.

Example

A person fires a gun into the air in a public street during a heated argument, causing people nearby to panic. If no one is injured and no graver firearms offense is charged, the act may fall under Article 155.

B. Instigating or taking active part in a charivari or disorderly meeting

A charivari traditionally refers to a noisy, mocking, or disorderly public demonstration, often involving loud sounds, ridicule, or public humiliation directed at a person.

Under Article 155, liability attaches to one who:

instigates the charivari or disorderly meeting; or

takes an active part in it.

The meeting or public display must be:

offensive to another; or

prejudicial to public tranquility.

The law does not punish mere presence unless the person actively participates or instigates the disorder.

Example

A group gathers outside a person’s house late at night, banging objects, shouting insults, and creating a noisy public spectacle meant to shame the occupant. Those who organize or actively participate may be liable under Article 155.

C. Disturbing public peace while wandering about at night or during nocturnal amusements

This mode addresses nighttime disturbances.

The elements are:

The offender wanders about at night or engages in nocturnal amusement.

While doing so, the offender disturbs public peace.

The focus is not merely being out at night. The punishable act is the disturbance of public peace while wandering about or engaging in nighttime amusement.

Example

A group roams through residential streets at midnight, shouting loudly, knocking on gates, throwing objects, and disturbing sleeping residents. The conduct may fall under Article 155 if it does not constitute a graver offense.

D. Causing disturbance or scandal in public places while intoxicated or otherwise

This is the broadest and most commonly invoked portion of Article 155.

A person may be liable if he or she:

causes a disturbance or scandal;

in a public place;

while intoxicated or otherwise;

and the act is not covered by Article 153 or Article 154.

The phrase “while intoxicated or otherwise” means intoxication is not indispensable. A sober person may still commit the offense if he or she causes a public disturbance or scandal.

Example

A person creates a loud scene inside a public market, curses loudly, challenges passersby to a fight, and disrupts normal activity. If the conduct does not amount to direct assault, unjust vexation, threats, physical injuries, or another graver offense, Article 155 may apply.

VI. The Public Character of the Offense

Article 155 protects public order, not merely private annoyance.

A private quarrel inside a home, without public disturbance, will not automatically fall under Article 155. The disturbance must have a public dimension. This may be shown by the location, the number of people affected, the nature of the disturbance, or its effect on the community.

A scandal in a public place is more clearly covered. A scandal in a private place may still have public implications if it spills over into public view or hearing, but the prosecution must show that public peace or tranquility was disturbed.

VII. Article 155 Compared With Related Offenses

A. Article 153: Tumults and Other Disturbances of Public Order

Article 153 punishes more serious disturbances of public order, such as tumults, disturbances in public performances or meetings, and other acts that seriously disrupt public order.

Article 155 applies only when the disturbance is not covered by Article 153. This is expressly stated in Article 155.

If the disturbance is tumultuous, involves multiple persons, or seriously affects public proceedings, Article 153 may apply instead.

B. Article 154: Unlawful Use of Means of Publication and Unlawful Utterances

Article 154 punishes certain false publications, unlawful utterances, and acts that may create public disorder through speech or publication.

Article 155 applies only if the act is not covered by Article 154.

For example, spreading false news causing public alarm may be treated under Article 154 rather than Article 155, depending on the facts.

C. Unjust Vexation

Unjust vexation is commonly charged when the act annoys, irritates, or vexes a private person without necessarily disturbing public order.

Article 155, on the other hand, requires a public disturbance, scandal, alarm, or danger.

A loud personal insult in a private setting may be unjust vexation. A loud scandalous outburst in a public place that disturbs the public may be Article 155.

D. Grave Scandal

Grave scandal under Article 200 punishes highly scandalous conduct that offends decency or good customs and is not expressly covered by another article of the Code.

Article 155 focuses on public tranquility and public order. Grave scandal focuses more on public decency and morals.

E. Direct Assault, Resistance, or Disobedience

If the disturbance involves attacking, resisting, or seriously disobeying a person in authority or an agent of authority, the act may be prosecuted as direct assault, resistance, or disobedience rather than mere alarms and scandals.

F. Firearms and Explosives Laws

If the act involves illegal possession, unlawful discharge, or use of firearms or explosives under special laws, Article 155 may not fully capture the offense. Special laws may impose much heavier penalties.

Article 155 covers the public alarm aspect, but firearm-related conduct may carry separate or graver liability.

VIII. Elements of the Offense

Although Article 155 contains several modes, the general elements are:

The offender performs one of the acts listed in Article 155.
The act causes or is calculated to cause alarm, scandal, danger, or disturbance.
The act affects public peace or public tranquility.
The act is not punishable under a graver provision such as Article 153 or Article 154, when the relevant clause requires that limitation.

For the first mode, involving discharge of firearm or explosive, actual panic need not always be proven if the act is objectively calculated to cause alarm or danger.

For the fourth mode, involving disturbance or scandal in public places, the public nature of the act is important.

IX. Intent Required

Article 155 does not require intent to injure a specific person. The punishable intent is closer to the intent to perform the disturbing, alarming, or scandalous act.

In the first mode, the discharge must be calculated to cause alarm or danger. This does not always mean the offender must expressly declare such intention. Intent may be inferred from the circumstances: the place, time, manner of discharge, surrounding people, and foreseeable consequences.

In the other modes, the law looks at whether the conduct actually disturbs public peace, is offensive to another, or is prejudicial to public tranquility.

X. Intoxication and Article 155

Intoxication often appears in Article 155 cases, especially under the clause punishing disturbance or scandal in public places while intoxicated or otherwise.

However, intoxication is not an essential element in all cases. A sober person can commit the offense.

Under the general rules of the Revised Penal Code, intoxication may sometimes be mitigating if it is not habitual or intentional, and aggravating if habitual or intentional. But for Article 155, intoxication is often part of the factual setting rather than a defense.

A person cannot avoid liability merely by claiming drunkenness if the elements of the offense are present.

XI. Public Place Requirement

A public place includes places open to the public or where the public may be affected by the disturbance.

Examples include:

streets;

plazas;

markets;

public terminals;

parks;

public roads;

government offices;

commercial establishments open to the public;

public events or gatherings.

A private establishment may become relevant if it is open to the public, such as a restaurant, bar, mall, transport terminal, or shop.

A private residence is usually not a public place, but a disturbance there may still be publicly relevant if it is loud enough or visible enough to disturb neighbors or the public.

XII. Criminal Liability of Participants

For disorderly meetings or charivari, the law expressly punishes those who instigate or take active part.

This means:

The organizer may be liable.

The person who encourages the group may be liable.

Active participants may be liable.

A mere bystander generally should not be liable unless participation is shown.

General principles on principals, accomplices, and accessories may still apply, but because Article 155 is a light offense, practical prosecution usually focuses on the direct actor or active participants.

XIII. Attempted or Frustrated Alarms and Scandals

As a general matter, light felonies are punishable only when consummated, except when committed against persons or property.

Because Article 155 is a light felony against public order, liability will generally arise when the punishable disturbance, alarm, scandal, or disorder has occurred.

An attempted form is not usually treated as independently punishable.

XIV. Prescription of the Offense

Because Article 155 carries a light penalty, the offense generally prescribes in a short period.

Under the Revised Penal Code, light offenses prescribe in two months.

This means a prosecution for alarms and scandals must generally be commenced within the applicable prescriptive period, subject to rules on interruption of prescription.

Prescription is important because many Article 155 incidents are minor and are sometimes reported late. Delay may affect the viability of a criminal case.

XV. Prescription of the Penalty

The penalty for a light offense generally prescribes in one year.

This refers to the period after final judgment within which the penalty may be enforced, subject to the rules on prescription of penalties.

XVI. Jurisdiction

Cases involving Article 155 are generally within the jurisdiction of the Municipal Trial Courts, Metropolitan Trial Courts, or Municipal Circuit Trial Courts, depending on the locality.

This is because the penalty does not exceed six years of imprisonment and is far below the threshold for Regional Trial Court jurisdiction.

In practical terms, Article 155 cases are handled at the first-level court level.

XVII. Barangay Conciliation

Depending on the parties, residence, and nature of the dispute, incidents that may involve Article 155 can sometimes pass through barangay conciliation under the Katarungang Pambarangay system before formal court action.

However, barangay conciliation rules have exceptions. They do not apply to every criminal case. Factors include the imposable penalty, the residence of the parties, whether the offense is against the government or public order, and whether urgent legal action is needed.

Because Article 155 is a public-order offense, the involvement of barangay proceedings may depend heavily on how the complaint is framed and the local handling of the matter.

XVIII. Arrest Without Warrant

An arrest without warrant may be valid if the offense is committed in the presence of a peace officer, or if the rules on warrantless arrest are otherwise satisfied.

For example, if a police officer personally sees a person causing a public scandal, shouting threats in a public place, or firing a firecracker in a manner calculated to cause alarm, the officer may have grounds to intervene and arrest, depending on the circumstances.

However, because Article 155 is a light offense, law enforcers must still observe constitutional rights, rules on custodial investigation, and proper procedure.

XIX. Bail

Because the penalty is light, bail is generally available as a matter of right.

In many minor cases, the accused may be released through ordinary bail procedures or other lawful release mechanisms, subject to the applicable rules and court processes.

XX. Civil Liability

Every person criminally liable for a felony is also civilly liable, unless no civil liability arises from the facts.

In Article 155 cases, civil liability may be minimal or absent if no specific private injury or property damage occurred. However, if the disturbance caused actual damage, such as broken property, medical expenses, or other losses, civil liability may arise.

If the act results in physical injury or property damage, a different or additional offense may be involved.

XXI. Evidentiary Considerations

To prove Article 155, the prosecution may rely on:

testimony of witnesses;

police blotter entries;

body camera or CCTV footage;

videos taken by bystanders;

photographs;

physical evidence such as spent shells or firecracker remnants;

medical or property damage reports, if any;

testimony showing public disturbance or alarm.

The prosecution must show not just that the accused behaved badly, but that the conduct falls within one of the modes punished by Article 155.

Evidence of public disturbance is especially important.

XXII. Common Defenses

Possible defenses include:

The act did not occur.

The accused was misidentified.

The act was private and did not disturb public peace.

The conduct was not scandalous, alarming, or disorderly.

The accused was merely present and did not actively participate.

The facts constitute a different offense, not Article 155.

There was no discharge, disturbance, scandal, danger, or public alarm.

The charge has prescribed.

The arrest, search, or custodial investigation violated constitutional or procedural rights.

A defense does not automatically succeed merely because the disturbance was brief. Even a short act may violate Article 155 if it created public alarm or scandal.

XXIII. Examples of Conduct That May Fall Under Article 155

Article 155 may apply to situations such as:

firing a gun into the air in a street without hitting anyone;

exploding firecrackers in a public area in a manner calculated to cause panic;

roaming a neighborhood late at night while shouting and disturbing residents;

creating a drunken scandal in a public market, street, or transport terminal;

organizing a noisy, insulting public demonstration outside a person’s home;

participating in a disorderly nighttime group activity that disturbs public peace.

The exact charge depends on the facts. Some acts may be more properly prosecuted under other provisions or special laws.

XXIV. Examples of Conduct That May Not Be Enough

Article 155 may not apply where:

the act is purely private and does not disturb public peace;

the accused merely annoys one person without public disturbance;

there is no scandal, alarm, danger, or public disorder;

the person is merely intoxicated but not disturbing anyone;

the accused is merely present at a disorderly gathering without active participation;

the conduct is protected speech and does not cross into punishable disturbance or disorder;

a graver or more specific offense fully covers the act.

XXV. Relationship With Local Ordinances

Many cities and municipalities have ordinances on:

public drinking;

curfew;

videoke or karaoke noise;

firecracker use;

public nuisance;

breach of peace;

road obstruction;

noise pollution;

disorderly conduct.

A single incident may violate both a local ordinance and a national penal law, but prosecution must respect rules against double jeopardy and improper multiple punishment.

Article 155 remains the national Revised Penal Code provision, while ordinances may provide separate administrative or penal consequences within the local government’s authority.

XXVI. Article 155 and Firecrackers

Firecracker-related conduct is specifically mentioned in Article 155. However, the law does not punish every use of firecrackers. The discharge must be in a town or public place and calculated to cause alarm or danger.

Firecracker use may also be regulated by special laws, executive issuances, and local ordinances, especially during holidays. Where a special law imposes a heavier penalty or specifically governs the conduct, that law may be applied instead of or together with Article 155, depending on the circumstances.

XXVII. Article 155 and Firearms

The firearm clause must be read carefully.

Article 155 punishes discharge of a firearm calculated to cause alarm or danger. But modern firearms regulation is governed by special laws, and unlawful discharge or possession may carry serious consequences.

Thus, firing a gun in public may expose a person not only to Article 155 but also to possible liability under firearms laws, especially if the firearm is unlicensed, improperly carried, or discharged unlawfully.

If the firearm discharge causes death, injury, or property damage, the case may become homicide, murder, physical injuries, malicious mischief, or another offense, depending on intent and result.

XXVIII. Article 155 and Nighttime Disturbances

Nighttime is specifically relevant in the third mode of Article 155. The law recognizes that disturbances at night are especially disruptive to public peace.

However, the offense is not limited to nighttime acts. Other modes, such as public scandal while intoxicated or firing explosives in public, may occur at any time.

Nighttime may also be relevant as an aggravating circumstance in some crimes, but in Article 155’s third mode it is part of the statutory description of the act.

XXIX. Constitutional Considerations

Article 155 should not be applied in a way that punishes lawful expression, peaceful assembly, or protected speech.

The State may regulate disorder, violence, public disturbance, and public nuisance. But criticism, protest, or expressive conduct does not automatically become criminal merely because it is loud or unpopular.

The line is crossed when the conduct becomes disorderly, scandalous, dangerous, alarming, or prejudicial to public tranquility in the manner contemplated by Article 155 or related laws.

XXX. Practical Sentencing Considerations

In deciding the penalty, courts may consider:

the nature of the disturbance;

whether the accused was intoxicated;

whether there was danger to the public;

whether a firearm or explosive was involved;

whether the act occurred at night;

whether the accused acted alone or with a group;

whether the act was directed at humiliating or offending another person;

whether there was prior provocation;

whether anyone suffered injury or damage;

the presence of mitigating or aggravating circumstances;

the accused’s prior record, if relevant and admissible.

Because Article 155 carries a light penalty, courts may impose a fine where appropriate. But where the conduct involves danger, public panic, or repeated disorder, arresto menor may be imposed.

XXXI. Subsidiary Imprisonment in Case of Nonpayment of Fine

If the court imposes a fine and the offender fails to pay it, subsidiary imprisonment may become relevant under the general rules of the Revised Penal Code, subject to statutory limits.

Subsidiary imprisonment is not a separate penalty chosen by the court at the outset. It arises from nonpayment of a fine when the law allows it.

The exact computation depends on the amount of the fine and applicable rules.

XXXII. Effect of Conviction

A conviction for Article 155 may result in:

imprisonment of up to 30 days;

fine of up to ₱40,000;

possible subsidiary imprisonment for nonpayment of fine;

criminal record;

possible civil liability if damage was caused;

possible consequences in employment, licensing, or other background checks, depending on the context.

Although it is a light offense, it is still a criminal conviction.

XXXIII. Importance of the Phrase “Provided That the Circumstances of the Case Shall Not Make the Provisions of Article 153 or Article 154 Applicable”

This qualifying phrase is important.

It means Article 155 is residual in certain situations. If the act is serious enough to be punished under Article 153 or Article 154, those provisions should apply instead.

Article 155 is therefore used for less serious disturbances, alarms, or scandals that do not rise to the level of more serious public disorder or unlawful publication-related offenses.

XXXIV. Charging Considerations

A complaint or information for Article 155 should clearly state:

the date and place of the incident;

the specific act committed;

whether the act involved firearm, explosive, charivari, nocturnal disturbance, or public scandal;

how the act caused alarm, scandal, danger, or disturbance;

that the act affected public peace or tranquility;

that the act is not covered by a more serious provision, where relevant.

A vague accusation that the accused “created trouble” may be insufficient unless the facts show the specific punishable conduct.

XXXV. Summary of Penalties

Item	Rule
Offense	Alarms and scandals
Legal basis	Article 155, Revised Penal Code
Nature	Crime against public order
Penalty	Arresto menor or fine
Imprisonment range	1 day to 30 days
Fine	Not exceeding ₱40,000
Classification	Light felony
Prescriptive period of offense	Generally 2 months
Prescription of penalty	Generally 1 year
Court jurisdiction	First-level courts, such as MTC/MeTC/MCTC
Public element	Required; disturbance must affect public tranquility or occur in a public context

XXXVI. Key Takeaways

Article 155 punishes minor but socially disruptive acts that create public alarm, scandal, danger, or disturbance.

The penalty is light: arresto menor, meaning imprisonment from 1 to 30 days, or a fine not exceeding ₱40,000.

The offense may involve firing a gun or explosive in public, participating in a disorderly charivari, disturbing the peace at night, or causing a scandal in a public place.

Intoxication is common but not required.

Article 155 does not apply when a graver or more specific offense, such as Article 153, Article 154, firearm offenses, direct assault, physical injuries, or other crimes, properly governs the conduct.

Despite its light penalty, Article 155 remains significant because it protects public tranquility and gives legal consequence to conduct that disturbs community peace.