People V Bacolod

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Article 153.

Tumults and other disturbance of public orders; Tumultuous disturbance or interruption


liable to cause disturbance. — The penalty of arresto mayor in its medium period to prision
correccional in its minimum period and a fine not exceeding 1,000 pesos shall be imposed upon any
person who shall cause any serious disturbance in a public place, office, or establishment, or shall
interrupt or disturb public performances, functions or gatherings, or peaceful meetings, if the act is not
included in the provisions of Articles 131 and 132.

The penalty next higher in degree shall be imposed upon persons causing any disturbance or
interruption of a tumultuous character.

The disturbance or interruption shall be deemed to be tumultuous if caused by more than three
persons who are armed or provided with means of violence.

The penalty of arresto mayor shall be imposed upon any person who in any meeting, association, or
public place, shall make any outcry tending to incite rebellion or sedition or in such place shall display
placards or emblems which provoke a disturbance of the public order.

The penalty of arresto menor and a fine not to exceed P200 pesos shall be imposed upon these
persons who in violation of the provisions contained in the last clause of Article 85, shall bury with
pomp the body of a person who has been legally executed.

What are tumults and other disturbances of public order?

They are:

1. Causing any serious disturbance in a public place, office or establishment;

2. Interrupting or disturbing performances, functions or gatherings, or peaceful meetings, if the act is


not included in Arts. 131 and 132;

3. Making any outcry tending to incite rebellion or sedition in any meeting, association or public place;

4. Displaying placards or emblems which provoke a disturbance of public order in such place;

5. Burying with pomp the body of a person who has been legally executed.

Elements:
1. Any person who shall cause any serious disturbance in a public place, office, or establishment,
or shall interrupt or disturb public performances, functions or gatherings, or peaceful meetings,
if the act is not included in the provisions of Articles 131 and 132.
2. Any person causing any disturbance or interruption of a tumultuous character. Disturbance or
interruption shall be deemed to be tumultuous if caused by more than three persons who are
armed or provided with means of violence.
3. Any person who in any meeting, association, or public place, shall make any outcry tending to
incite rebellion or sedition or in such place shall display placards or emblems which provoke a
disturbance of the public order.
4. Any person who in violation of the provisions contained in the last clause of Article 85, shall
bury with pomp the body of a person who has been legally executed. (Article 85 - In no case
shall the burial of the body of a person sentenced to death be held with pomp.)

G.R. No. L-2578 July 31, 1951

PEOPLE vs LADISLAO BACOLOD

Facts: The above-named accused, with deliberate intent, and on the occasion of a dance held in the
municipal tennis court in connection with the town fiesta, cause a serious disturbance in a public
place by firing a sub-machine gun which wounded one Consorcia Pasinio, thereby causing panic
among the numerous people present in the said dance who ran and scampered in all directions

Issue: Whether or not there is a tumultuous disturbance.

Ruling: Yes. There is a tumultuous disturbance. The elements of Article 153 are as follows:

1. Any person who shall cause any serious disturbance in a public place, office, or establishment,
or shall interrupt or disturb public performances, functions or gatherings, or peaceful
meetings, if the act is not included in the provisions of Articles 131 and 132.
 Ladislao Bacolod fired a machine gun, during a dance held in the municipal tennis
court in connection with the town fiesta.

2. Any person causing any disturbance or interruption of a tumultuous character. Disturbance


or interruption shall be deemed to be tumultuous if caused by more than three persons who
are armed or provided with means of violence.
 Bacolod fired a sub-machine gun and injured one Consorcia Pasinio.

There was a willful discharge of firearm, during a dance in the tennis court in connection with the
town fiesta, and the people in attendance became panicky and terrified after Bacolod fired a sub-
machine gun causing a tumultuous disturbance.

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