Alarms and Scandal - Prof. Vergara PDF

Preview

Summary

Prof. Vergara...

Description

ALARMS AND SCANDAL Under Article 155, this crime is committed with the intention of causing an alarm or some sort of public disturbance. For there to be liability under this crime, a member of the public must have been alarmed, startled, disturbed or otherwise had the sense that some danger is present which causes them to feel apprehensive or uneasy. The “scandal” aspect must be distinguished from “grave scandal,” which is a crime offensive to decency and morals and which will be discussed later. Alarms and Scandal may be committed as follows: 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. On the first act: The discharge of the firearm, rocket, firecracker or explosive must not be directed against a person or property, otherwise the crime will be a crime against persons or property which may be attempted, frustrated or consummated depending on the results of the act. This is because the discharge, to be punished as alarms and scandal is intended to cause alarm upon the general public and not to cause harm. Example 1 - Jose pointed his firearm at Jacinto and fired at him. Jacinto was able to dodge the bullet and run away. The crime is attempted homicide, not alarms and scandal because when Jose discharged his firearm at Jacinto, there is proof of intent to kill (or at least, intent to injure). It can be argued here that Jose did not intend to cause Jacinto to feel alarmed or in danger because the attack was directed against Jacinto himself.

1

Example 2 – Jose pointed his firearm at Jacinto’s general direction and fired so that Jacinto will run away from him. The crime committed is illegal discharge of firearm under Article 254 of the Revised Penal Code. It is not alarms and scandal because the RPC punishes the act of shooting at another without intent to kill, even when Jose’s act of firing at Jacinto was not intended to kill or injure him but simply to cause him some alarm. “Article 254. Discharge of firearms. - Any person who shall shoot at another with any firearm shall suffer the penalty of prision correccional in its minimum and medium periods, unless the facts of the case are such that the act can be held to constitute frustrated or attempted parricide, murder, homicide or any other crime for which a higher penalty is prescribed by any of the articles of this Code.”

Example 3 - Jose pointed his firearm at Jacinto’s general direction and fired so that Jacinto will run away from him. The bullet hit a concrete surface, ricocheted and hit Jacinto’s right knee for which surgery was required. The crime committed is reckless imprudence resulting in physical injuries (which may be serious, less serious or slight). It is not alarms and scandal because there should not be any physical injury inflicted upon the victim. It is also not attempted homicide because there was no intent to kill. Example 4 – On New Year’s Eve, Jose pointed his firearm skyward and fired. The crime is alarms and scandal. It is not attempted homicide because there was no intended victim and there is no intent to kill. It is not illegal discharge of firearms either because the firearm was not fired at a person. If upon return to earth, the bullet hits a person or property, Jose will be liable for reckless imprudence resulting in physical injuries (which may be serious, less serious or slight), or for reckless imprudence resulting in homicide, parricide or infanticide as the case may be, or reckless imprudence resulting in damage to property. There will be no separate crime of alarms and scandal because the act of firing the gun skyward is an act of execution for the crime of reckless imprudence. Example 5 – To disperse a group of teenagers drinking beer on his driveway, Jose brought out his pistol and fired several shots skyward, causing the teenagers to scamper away. The crime is still alarms and scandal because the pistol was not aimed at the teenagers, nor was any person injured. Example 6 – On New Year’s Eve, Jose ignited firecrackers and several fireworks. Jose is not liable for alarms and scandal because on that occasion, the use of firecrackers and fireworks is customary and expected. The public will not normally feel any sense of alarm or danger. 2

The case is different if Jose did the act on an ordinary day where there is no cause for celebration or revelry. He may be liable for alarms and scandal. This is different from the discharge of firearms on New Year’s Eve because the law expressly prohibits the illegal discharge of firearms. Firearms may only be lawfully discharged under the following circumstances: 1. In the performance of duty by law enforcement and military personnel, when absolutely necessary; 2. In cases of clear self defense, defense of relatives or defense of strangers, where the ownership, possession and carry of the firearm must satisfy the requirements of Republic Act No. 10591 (the owner must be licensed, the firearm must be registered and the owner must have a permit to carry the firearm outside of his residence); or 3. In controlled environments where lawful supervision is present (in a shooting range, perhaps or during ballistic testing of a firearm by authorized personnel.) Therefore, even if a gun owner fires his gun in his own backyard causing alarm to the neighbors, he is liable for alarms and scandal. The case is also prohibited if Jose detonates firecrackers in violation of an ordinance or when the firecracker is prohibited by law (for instance, “Goodbye Philippines,” “Super Lolo,” “Bawang,” “Sinturon ni _________ feel free to fill in a name,” and the like). In this case there will be liability for alarms and scandal if the use of the prohibited firecracker caused alarm or a sense of danger, with a separate charge for violation of R.A. 10591 on the use of explosives (yes, firecrackers are classified as explosives) and a charge for violation of the ordinance prohibiting the use of firecrackers (Baguio City has an ordinance that prohibits the use of firecrackers). Example 7 – Jose married Jacinta. On the night of their wedding celebration they lighted fireworks as a finale. If Jose and Jacinta did not have a permit to use fireworks on that day, they may be liable for alarms and scandal.

On the second act: “Charivari,” alternatively spelled “shivaree” or “chivaree” and also called “skimmington,” in other jurisdictions was a folk custom in which a mock parade was staged through a community accompanied by a discordant mock 3...