Christmas caroling, is it Prohibited or penalized by Law?

LEGAL PERSPECTIVE 

Christmas caroling per se is not prohibited nor penalized under Philippine law. What the law penalizes are (a) certain gift-giving to public officials (even at Christmas), and (b) specific crimes or regulatory violations that might occur while “caroling” (e.g., theft, extortion, child abuse, vagrancy-type ordinances), not the act of singing carols itself.

1. There is no general ban on caroling in criminal law. The Revised Penal Code is the general criminal law, but it does not contain any provision that prohibits “Christmas caroling” as such.

2. Special law on gifts to public officials during Christmas

P.D. 46 specifically punishes the giving and receiving of gifts to/from public officials by reason of their office, including Christmas gifts:

“I…do hereby make it punishable for any public official or employee, whether of the national or local governments, to receive, directly or indirectly, and for private persons to give, or offer to give, any gift, present or other valuable thing on any occasion, including Christmas, when such gift, present or other valuable thing is given by reason of his official position, regardless of whether or not the same is for past favors or the giver hopes or expects to receive a favor or better treatment in the future…”

3. Administrative regulation against court personnel solicitations

In the judiciary, OCA Circular No. 4-91 (quoted by the Court) bars court employees from soliciting or receiving contributions “in cash or in kind,” and applies even to “Christmas gifts”. The court held in the case of Mabini vs Raga, 2006, that a court employee’s receipt of the governor’s Christmas gift fell under the prohibition, even if claimed to be “unsolicited.”

“Henceforth, all personnel of the lower courts…are strictly enjoined from making any form of solicitation for contributions…Consequently, all those found soliciting for and/or receiving contributions, in cash or in kind, from any person, whether or not a litigant or lawyer, will be dealt with severely…”

No statute criminalizes “caroling” There is no law that says “caroling is illegal.” Singing in public, knocking on doors, or requesting voluntary alms/donations for songs is generally lawful, subject to local ordinances (noise, curfew, permit requirements).

What is penalized at Christmas time:

Gifts to public officials “by reason of official position” – P.D. 46 penalizes the giver and the public official if:

The recipient is a public official/employee; and 

The gift (cash, goods, party, entertainment, etc.) is given by reason of his official position (i.e., because of or in connection with his office), on any occasion including Christmas.

Unlawful solicitations by court personnel, The judiciary has its own rule: any form of solicitation or receipt of contributions from litigants/lawyers may constitute administrative offense.

Other existing crimes – While caroling:

Forcing people to give money under threat can be robbery/extortion (intent is required)

Using small children in unsafe ways or at unreasonable hours can raise child abuse or neglect issues (under special laws; based on local LGU ordinances)

Violating local curfew, noise, or permit ordinances can result in administrative or minor criminal sanctions (based on local LGU ordinances)

3. Caroling as fundraising by public employees

If government employees (especially court employees or those in regulatory offices) go house to house or around offices “caroling” and soliciting contributions, this can be seen as:

A prohibited solicitation/receipt of gifts (P.D. 46 if given “by reason of official position”); or 

An administrative offense under internal circulars.

Conclusion:

The Revised Penal Code does not list “caroling” as a crime; and  P.D. 46 and other related rules penalize gift-giving to public officials by reason of office, not singing. Therefore, Christmas caroling as a cultural or religious practice is not prohibited nor penalized by Philippine law. It only becomes punishable when it is tied to (a) illegal gifts/solicitations involving public officials or court personnel, or (b) other independently punishable acts (extortion, child abuse, ordinance violations).

- Atty. Jill Bahian-Nebria