Alarms and Scandals: Is a Noisy Drunk Neighbor a Crime?
Quick answer
Alarms and scandals is a light felony under Article 155 of the Revised Penal Code. It punishes four acts: setting off rockets, firecrackers or other explosives in a town or public place to cause alarm or danger; joining a charivari or other disorderly meeting; disturbing the public peace at night; and causing a disturbance or scandal in public places, drunk or not. The penalty is arresto menor (1 to 30 days) or a fine of up to ₱40,000. Firing a gun into the air is no longer covered here: since 2022 it is a separate crime under Article 254.
What does Article 155 say?
Article 155, as amended by Republic Act No. 10951 (2017) and Republic Act No. 11926 (2022), reads:
The penalty of arresto menor or a fine not exceeding Forty thousand pesos (P40,000) shall be imposed upon:
- Any person who within any town or public place, shall discharge any rocket, firecracker, or other explosives calculated to cause alarm or danger;
- 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;
- Any person who, while wandering about at night or while engaged in any other nocturnal amusements, shall disturb the public peace; or
- 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.
What are the four acts in simple words?
- Explosives in public. Setting off a rocket, firecracker or other explosive in a town or public place, in a way "calculated to cause alarm or danger".
- Charivari or disorderly meeting. Starting or taking an active part in a charivari or another disorderly meeting that is offensive to another person or prejudicial to public tranquility.
- Night disturbance. Disturbing the public peace while wandering about at night or during nighttime amusements.
- Public scandal. Causing a disturbance or scandal in a public place, whether drunk or not.
The last item has a condition: it does not apply when the facts fall under Article 153, which covers tumults and other disturbances of public order. We do not cover Article 153 here.
What is the penalty for alarms and scandals?
Arresto menor or a fine of up to ₱40,000. Arresto menor lasts from 1 to 30 days (Article 27). The law allows either one; the court decides which, based on the facts.
Under Article 9 of the Code, as amended by Republic Act No. 10951, an offense punished by arresto menor or a fine not exceeding ₱40,000 is a light felony. Article 90 says light offenses prescribe in two months, but Article 26 counts a fine of exactly ₱40,000 as correctional, so this page does not settle the period for a given case. See How many years before a criminal case prescribes?
What changed in the law?
The 1930 text of Article 155 had a much smaller fine and included "firearm" in the first item. Two laws changed it:
- Republic Act No. 10951 (2017) raised the fine to up to ₱40,000.
- Republic Act No. 11926 (2022) removed firearms from Article 155 and moved indiscriminate firing to Article 254.
Is firing a gun into the air alarms and scandals?
No, not since Republic Act No. 11926. Article 254 now punishes it:
(b) Any person who shall wilfully and indiscriminately discharge any firearm or other device that may not have been designed as firearm, but can be functionally used as a firearm, shall suffer the penalty of arresto mayor in its maximum period, unless the facts of the case can be held to constitute any other offense for which a higher penalty is prescribed.
Arresto mayor in its maximum period lasts from 4 months and 1 day to 6 months (Article 76). The penalty is one degree higher for members of the military, military auxiliary agencies or law enforcement agencies authorized to bear firearms, when the firing is not in the performance of official duties. In every case, the offender's firearm license or permit is summarily cancelled, and he or she is perpetually disqualified from getting one. See Firing a gun on New Year's Eve.
Is a noisy drunk neighbor committing a crime?
It depends on where and how. Article 155 covers a disturbance or scandal "in public places" and disturbing "the public peace" at night. A neighbor who shouts and fights in the street at 1 a.m. may fall under it. Loud singing or drinking inside a private home may not fit those words.
Other rules may apply to noise, such as local ordinances on noise and curfew, which this page does not cover. For civil remedies and the barangay route, see Noisy neighbor: where to complain.
What about firecrackers on New Year's Eve?
Setting off firecrackers in a town or public place "calculated to cause alarm or danger" is covered by Article 155(1). Other laws and local rules may also regulate firecrackers. We do not cover them here.
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Toto, drunk, shouts and kicks parked cars on the street at 1 a.m., waking the whole block. This can be alarms and scandals under Article 155(4): a disturbance or scandal in a public place. If he dented the cars on purpose, see also Malicious mischief.
Benjie throws lit firecrackers into a crowd at the plaza on New Year's Eve. This can fall under Article 155(1): firecrackers in a public place calculated to cause alarm or danger.
Nonoy fires a pistol into the air the same night. Since Republic Act No. 11926, this is not alarms and scandals. It is indiscriminate discharge of a firearm under Article 254(b), punished by arresto mayor in its maximum period, any firearm license or permit he holds is cancelled, and he can never be granted one again.
When do you need a lawyer?
Alarms and scandals is a light felony, but it is still a criminal case. Talk to a lawyer if you are charged, if you were arrested, or if the facts may also involve another crime, such as damage to property, injuries or gunfire. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What is alarms and scandals in the Philippines?
It is a light felony under Article 155 of the Revised Penal Code. It covers four acts: setting off rockets, firecrackers or other explosives in a town or public place to cause alarm or danger; taking part in a charivari or other disorderly meeting; disturbing the public peace while wandering about at night or in nighttime amusements; and causing a disturbance or scandal in public places, drunk or not.
What is the penalty for alarms and scandals?
Arresto menor (1 to 30 days) or a fine of up to ₱40,000, under Article 155 as amended by Republic Act No. 10951 and Republic Act No. 11926.
Is firing a gun into the air alarms and scandals?
Not anymore. Republic Act No. 11926 (2022) removed firearms from Article 155. Wilful and indiscriminate firing is now punished under Article 254 by arresto mayor in its maximum period, and the offender's firearm license or permit is cancelled.
Is a drunk neighbor shouting inside his house alarms and scandals?
Article 155 speaks of a disturbance or scandal in public places, and of disturbing the public peace at night. Noise that stays inside a private home may not fit those words. Other remedies may apply; see our page on noisy neighbors.
How long do you have to file an alarms and scandals case?
Article 90 of the Code says light offenses prescribe in two months. Because the fine under Article 155 can reach ₱40,000, which Article 26 counts as a correctional fine, this page does not say which period applies to a given case. A lawyer can check it from the facts.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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