Short answer. Yes. Under Article 147 of the Revised Penal Code as amended by Republic Act No. 10951, founders, directors, and presidents face the higher penalty of prisión correccional in its minimum and medium periods plus a fine, while mere members suffer only arresto mayor — a significantly lighter penalty.
What the law says
Mere members said associations shall suffer the penalty of arresto mayor.
Revised Penal Code, Article 147 — Illegal Associations. Read the full provision →
Two tiers of punishment for one crime
Article 147 of the Revised Penal Code divides participants in an illegal association into two groups and punishes them differently. Founders, directors, and presidents of associations organized for the purpose of committing crimes or engaging in conduct contrary to public morals face prisión correccional in its minimum and medium periods plus a fine not exceeding Two hundred thousand pesos. Mere members of the same association are punished only with arresto mayor, which is a significantly lighter penalty. The role you played in forming and running the association determines which tier you fall into.
The penalty amounts reflect the 2017 amendment
The fine ceiling of Two hundred thousand pesos stated in Article 147 is the current figure under Republic Act No. 10951, which revised the monetary values and fines throughout the Revised Penal Code in 2017. Older printed copies of the Revised Penal Code show lower amounts reflecting the original 1930 schedule. If you are reading an older source, the penalty range for fines in Article 147 and related articles may appear lower than what the law actually provides today. Always verify that the version you are consulting reflects the RA 10951 adjustments.
What makes an association illegal under this article
Article 147 targets associations that are totally or partially organized for the purpose of committing crimes punishable under the Revised Penal Code, or for purposes contrary to public morals. The word "partially" is significant: an organization does not need to be devoted entirely to criminal purposes to fall within this provision. If criminal activity is even a component of the association's objectives, the article applies. Ordinary civic, professional, or religious organizations that happen to have members who commit crimes are not covered — the organization itself must have the criminal or immoral purpose baked into its formation or operation.
Being a mere member versus taking a leadership role
The distinction between a mere member and a founder, director, or president is factual and may be contested. Being named on a membership list does not automatically make you a mere member in the legal sense if you exercised leadership functions in practice. Conversely, holding a formal title does not necessarily make you a "director" in the Article 147 sense if the title was ceremonial and you exercised no real authority. If you are in a situation where you are accused of involvement in an illegal association, the specific nature of your participation — how you joined, what you did, what authority you exercised, and what you knew about the association's purpose — all feed into where you fall in the two-tier structure of this article.