Short answer. Arresto mayor and a fine of up to forty thousand pesos. Article 153 imposes that penalty on anyone who, in violation of Article 85's last clause, buries with pomp the body of a person who has been legally executed. Article 85 itself flatly bars a pompous burial for someone sentenced to death.
What the law says
The penalty of arresto mayor and a fine not to exceed Forty thousand pesos (₱40,000) shall be imposed upon these 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.
Revised Penal Code, Article 153 — Tumults And Public Disturbances. Read the full provision →
What the law says
In no case shall the burial of the body of a person sentenced to death be held with pomp.
Revised Penal Code, Article 85 — The Corpse Of A Person Executed And Its Burial. Read the full provision →
The penalty Article 153 sets for a pompous burial
Article 153 closes with a provision addressing exactly this situation. It states that the penalty of arresto mayor and a fine not to exceed Forty thousand pesos (₱40,000) shall be imposed upon these 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. So the offense is defined by reference to Article 85's own prohibition, with Article 153 supplying the penalty for violating it.
The underlying prohibition it enforces: Article 85
Article 85 is the provision actually creating the underlying prohibition. It provides for what happens to the corpse of an executed person — release to family, or otherwise a government-funded burial arranged by the Director of Prisons — and closes with a flat rule: in no case shall the burial of the body of a person sentenced to death be held with pomp. Article 153's penalty is what punishes someone who violates that specific prohibition by holding a pompous burial anyway.
How this fits within Article 153's broader list of disturbances
This pompous-burial penalty sits at the end of an article otherwise devoted to disturbances of public order — causing serious disturbances in public places, tumultuous disturbances, incitement to rebellion or sedition through outcries or placards, and this burial offense are grouped together in the same article, sharing the common theme of conduct the law treats as disruptive to public order, even though the pompous-burial rule is really enforcing a distinct prohibition found in Article 85.
The RA 10951 note on the fine amount
The forty-thousand-peso fine ceiling reflects Republic Act No. 10951, enacted in 2017, which revised the fines throughout the Revised Penal Code, including this one. Older printings of the Code may still show the original, smaller 1930 figure, so anyone checking the fine amount should confirm the source reflects the current, RA 10951-amended text rather than the pre-2017 version. The imprisonment component was left untouched: RA 10951 revised the money figures in the Code, not the duration of arresto mayor.
Related provisions
- Revised Penal Code, Article 153 — Tumults And Public Disturbances
- Revised Penal Code, Article 85 — The Corpse Of A Person Executed And Its Burial