Short answer. Yes. Article 153 of the Revised Penal Code, as amended by Republic Act No. 10951, imposes a higher penalty — the next degree above the base penalty — on any disturbance or interruption of a tumultuous character. A tumultuous disturbance is one caused by more than three armed persons or those provided with means of violence.
What the law says
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 three (3) persons who are armed or provided with means of violence.
Revised Penal Code, Article 153 — Tumults And Public Disturbances. Read the full provision →
Ordinary disturbance and the base penalty
Article 153 of the Revised Penal Code, as amended by Republic Act No. 10951 in 2017, punishes persons who cause a serious disturbance in a public place, office, or establishment, or who interrupt public performances, functions, or gatherings, or peaceful meetings. The base penalty for this ordinary disturbance is arresto mayor in its medium period to prisión correccional in its minimum period, plus a fine not exceeding two hundred thousand pesos. This applies when the act does not fall under the provisions on prohibiting or dissolving peaceful meetings or interrupting religious worship.
What makes a disturbance tumultuous
Article 153 defines the word precisely: 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 statute requires more than three persons — meaning four or more — and those persons must be armed or have means of violence available. A rowdy crowd without weapons does not necessarily meet this definition. The two elements — number and means of violence — must both be present for the tumultuous classification to apply.
The heavier penalty for tumultuous character
When the disturbance or interruption is tumultuous, Article 153 imposes the penalty next higher in degree than the base penalty. This graduated scheme reflects the legislature's view that violence by an armed group is more dangerous than an ordinary disturbance and deserves stronger deterrence. The current penalty figures in Article 153 are those set by Republic Act No. 10951 in 2017 — older versions of the Revised Penal Code print the original 1930 amounts, which were far lower. Always confirm you are reading the amended text.
Related acts under Article 153
Article 153 also covers two other acts beyond the basic disturbance and its tumultuous form. A person who makes an outcry tending to incite rebellion or sedition, or who displays placards or emblems that provoke a public disorder, at any meeting, association, or public place, is also punishable. Separately, a person who buries the body of an executed convict with pomp — in violation of the law governing the disposal of such remains — commits a distinct offense under the same article. Each of these carries its own penalty, and all have been adjusted upward by the 2017 amendment.