Malicious Mischief

ART.327

Who are liable for Malicious Mischief

ELEMENTS:
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; and
3. That the act damaging anothers property be committed merely for the sake of damaging it.

MALICIOUS MISCHIEF: willful damaging of anothers property for the sake of causing damage due
to hate, revenge or other evil motive

Malicious mischief cannot be committed through negligence because the offender acts with a specific
desire to inflict injury to another.

If there is no malice in causing injury, the offender incurs only civil liability.

Damage caused may also be a diminution in value of the property.

But if the offender used the property after causing damage to it, the crime is theft.

Damage in malicious mischief must not result from a crime. (Ex. Breaking windows during robbery is
not malicious mischief.)

A person charged with malicious mischief may be found guilty of damage to property through reckless
imprudence

VALEROSO vs. PEOPLE G.R. No. 149718. 0/29/03

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.

As to the third element, petitioner was not justified in summarily and extra judicially demolishing
private complainant's structure. As it is, the petitioner proceeded not so much to safeguard the lot as
it is the vent to his anger and disgust over the no trespassing sign he placed thereon. Indeed, his
act of summarily demolishing the house smacks of his pleasure in causing damage to it.