Malicious Mischief - is committed by any person who shall deliberately cause to the property of another any damage which does not constitute arson or other crimes involving destruction (Art. 327, Revised Penal Code). 


Elements:

The elements of the crime of malicious mischief under Article 327 of the Revised Penal Code are:

  1. That the offender deliberately caused damage to the property of another;

  2. That such act does not constitute arson or other crimes involving destruction;

  3. That the act of damaging another's property be committed merely for the sake of damaging it. (Taguinod vs. People, G.R. No. 185833, October 12, 2011)

Deliberately caused damage to the property of another 

It has always been regarded of the essence of this felony that the offender should have not only the general intention to carry out the felonious act but that he should act under the impulse of a specific desire to inflict injury to another. 

The necessity of the special malice for the crime of malicious mischief is contained in the requirement of Art. 327 of our Revised Penal Code, that the offender "shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter", i.e., not punishable as arson. It follows that, in the very nature of things, malicious mischief can not be committed through negligence, since culpa (negligence) and malice (or deliberateness) are essentially incompatible. Hence, this crime is one of those that can not be committed by imprudence or negligence. (Quizon vs. Justice of the Peace, G.R. No. L-6641, July 28, 1955)


Must not constitute arson or other crimes involving destruction

The means of causing damage should not be by fire, explosion, discharge of electric current, inundation, sinking or stranding of a vessel, intentional damaging of the engine of said vessel, taking up the rails from a railway track, maliciously changing railway signals for the safety of moving trains, destroying telegraph wires and telegraph posts, or those of any other system, and, in general, by using any other agency or means of destruction as effective as those above enumerated. 


Committed merely for the sake of damaging

The crime of damage to property is not determined solely by the mere act of inflicting injury upon the property of a third person, but it must be shown that the act had for its object the injury of the property merely for the sake of damaging it. Without this circumstance the essential element of the crime is lacking and the criminal intention of the culprit can not be established. (United States v. Gerale, 4 Phil. 218 (1905) cited in Alforte vs. Judge Santos, A.M. No. MTJ-94-914 April 10, 1995)

In other words, it is the willful damaging of another's property for the purpose of causing injury due to hate, revenge or other evil motive . . . if there was no malice in causing the damage to the property, the obligation to repair or pay for the damages is only civil. (People v. Tayucon, 55 O.G. 4848 (1959)  cited in Alforte vs. Judge Santos, ibid.)


What is the penalty for malicious mischief?

ARTICLE 329. Other Mischiefs. — The mischiefs not included in the next preceding article (Special Cases of Malicious Mischief) shall be punished:

1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds 1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does not exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more than three times such value, if the amount involved exceeds 200 pesos or cannot be estimated.


Who are exempt from criminal liability for the commission of the crime of malicious mischief?

 There are certain persons who are exempt from criminal liability for the commission of the crime of malicious mischief. They are mentioned in Article 332 of the Revised Penal Code, to wit:

ARTICLE 332. Persons Exempt from Criminal Liability. — No criminal, but only civil liability, shall result from the commission of the crime of theft, swindling or malicious mischief committed or caused mutually by the following persons:

1. Spouses, ascendants and descendants, or relatives by affinity in the same line;

2. The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and

3. Brothers and sisters and brothers-in-law and sisters-in-law, if living together.

The exemption established by this article shall not be applicable to strangers participating in the commission of the crime.


What are the crimes classified as malicious mischief?

1. Special cases of malicious mischief. (Art. 328)
2. Other mischief (Art. 329)
4. Damage and obstruction to means of communication (Art. 330)
4. Destroying or damaging statues, public monuments or paintings (Art. 331).