Legal Options By Edwin Calica Cacayorin, Jr.

A Condo Central column

Alarm and scandal issues in condos

If you are fond of reading tabloids, you will surely

encounter a lot of news reports about people charged with
the crime of “alarm and scandal.” What exactly is this
crime?

Well, if you see someone who discharges a firearm, a

rocket, a firecracker, or any other explosive in a public
place with the intention to cause alarm or danger, he or
she will most probably be charged with, among other
crimes, “alarm and scandal.” This crime is punishable
under Article 155 of the Revised Penal Code.

Likewise, if you find your neighbor drunk and causing

disturbance in the common area of your condominium,
chances are, he too may be guilty of this crime.

“Alarm and scandal” is not really a grave crime. Its

penalty is arresto menor, i.e. imprisonment of not more
than 30 days, or a fine not exceeding PhP 200.

But it is still a crime. More importantly, if you have any

intention of becoming a lawyer, or of running for public
office, you should take note of this crime of “alarm and
scandal”—along with all the other crimes punishable
under the Revised Penal Code—because it is regarded as a
crime malum in se (a crime which is considered as “evil in
itself”) and not just a malum prohibitum (a crime that is
not evil in itself but is merely prohibited by law, e.g.,
illegal possession of firearm).

Being convicted of a crime malum in se is proof of not

having good moral character—which, in turn, is an
indispensable requirement for becoming a lawyer or a
public official.

So, if you have plans of becoming President someday,

stop wandering about at night, or engaging in any
activity aimed to disturb the public peace. You may be
convicted of committing this crime, thereby snuffing out
your political career even before it even sparked.

Note, however, that the crime of “alarm and scandal” is

essentially one of public disorder. Thus, if you have no
intention of disrupting the public order, but merely mean
to annoy a particular individual, you may not be guilty of
this crime. But then, you may be guilty of another crime—
which is, committing unjust vexation against that person.

Remember also that the crime of “alarm and scandal”, like

other light felonies, prescribes in two (2) months from the
date of its commission. If the offender has committed this
crime against you, you must file the complaint against
him within two months from the date of occurrence.
Otherwise, the crime prescribes and he cannot anymore
be held criminally responsible.

Where the incident happened governs where you should

file the complaint. If it happened in Manila City, the
jurisdiction is with the courts of Manila City and not of
Makati. It is also important to know that if the persons
involved are residents of the same barangay, the case
must first be filed before the said barangay and not the
courts.

Furthermore, always remember that in barangay

proceedings, the residence being referred to pertain to the
place where someone lives and not where someone
works, and the persons involved must be human
individuals and not corporations or abstract entities.
Without these three conditions, the barangay has no
jurisdiction and you can proceed directly to the courts. Too
many cases have been bungled by overlooking these
requirements.

Be conscious of all these elements. They may help you

determine and decide your options.