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.