On

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 another’s property be committed merely for
   the sake of damaging it.


MALICIOUS MISCHIEF: willful damaging of another’s 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 proceeded not so much to safeguard
    the lot as it is the vent to his anger and disgust over the “no
    tresspassing” sign he placed thereon. Indeed,  his act of summarily
    demolishing the house smacks of his pleasure in causing damage to it.