Malicious mischief embraces those attempts against another’s property inspired sometimes by hatred or a desire for revenge and sometimes by the mere pleasure of destroying. Thus, destroying the fence of another to vent his anger or disgust is considered as malicious mischief. With regard to the third element, the essence of this felony is that the offender should have not only the general intention to carry out the felonious act (a feature common to all willful crimes) but that he should act under the impulse of a specific desire to inflict injury to another. Hence, when a person cuts the banana tress as an authorized occupant or possessor of the land, the first element is absent since he merely cut down his own plantings. To constitute the crime of malicious mischief, the property destroyed must belong to another. Thus, damage to another’s house includes defacing it. (3) That the act of damaging another’s property be committed merely for the sake of damaging it.Īnent the first element, damage means not only loss but also diminution of what is a man’s own. (2) That such act does not constitute arson or other crimes involving destruction (1) That the offender deliberately caused damage to the property of another People, the elements of malicious mischief are as follows: Who are liable for malicious mischief. – Any person who shall deliberately cause the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.”Īs held in the case of Taguinod vs. Article 327 of the Revised Penal Code provides: Childish as it may sound, destroying the property of another is punishable as a crime. Malicious mischief is punishable under Article 327 of the Revised Penal Code.īeing mischievous may sound cute but it can land you in jail.
Admiralty and Maritime Law & LitigationĪ person who shall deliberately cause damage to property of another can be guilty of the crime of malicious mischief.Local Government, Election Law and Administrative Law.
Intellectual Property Law, Entertainment Law & Litigation.
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