Malicious Mischief: Penalty for Damaging Someone's Property
Quick answer
Malicious mischief is deliberately damaging another person's property, when the act is not arson or another crime of destruction (Article 327 of the Revised Penal Code). Under Article 329, as amended by Republic Act No. 10951, damage of up to ₱40,000, or damage that cannot be estimated, is punished by arresto menor (1 to 30 days) or a fine from the value of the damage up to ₱40,000. Bigger damage, and special cases like poisoning a fishpond or damaging a public road, carry heavier penalties. Damage caused only by carelessness is a different offense.
What is malicious mischief?
The definition is in Article 327:
Any person who shall deliberately cause to the property of another any damage not falling within the terms of the next preceding chapter shall be guilty of malicious mischief.
Three points come from this text:
- Deliberate. The damage must be caused on purpose. Accidents and carelessness are not malicious mischief.
- Property of another. The property must belong to someone else.
- Not arson or another crime of destruction. The "next preceding chapter" of the Code covers arson and other crimes involving destruction, which have their own penalties.
Situations people often ask about, such as scratching a car with a key or breaking a neighbor's window on purpose, can fall under this article when the damage was deliberate.
What is the penalty for malicious mischief?
For ordinary cases, Article 329, as amended by Republic Act No. 10951 (2017), sets the penalty by the value of the damage. The ranges come from the table of durations in Article 76 of the Code.
| Value of the damage | Penalty | Range in the Code |
|---|---|---|
| Over ₱200,000 | Arresto mayor, medium and maximum periods | 2 months 1 day to 6 months |
| Over ₱40,000 to ₱200,000 | Arresto mayor, minimum and medium periods | 1 month 1 day to 4 months |
| Up to ₱40,000, or cannot be estimated | Arresto menor, or a fine from the value of the damage up to ₱40,000 | 1 to 30 days, or the fine |
The table shows what the law allows, not the sentence a person will receive. The court fixes the actual penalty based on the facts. Before Republic Act No. 10951, the dividing lines were much lower peso amounts.
What are the special cases of malicious mischief?
Article 328 punishes some kinds of damage more heavily:
Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who causes damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished:
The penalties under Article 328, as amended, are:
- damage over ₱200,000: prision correccional in its minimum and medium periods (6 months 1 day to 4 years 2 months);
- damage over ₱40,000 up to ₱200,000: arresto mayor (1 month 1 day to 6 months);
- damage up to ₱40,000: arresto menor (1 to 30 days).
Is careless or accidental damage a crime?
It is not malicious mischief, because there is no deliberate intent. But damage caused by reckless or simple imprudence can be punished under Article 365:
When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three (3) times such value, but which shall in no case be less than Five thousand pesos (P5,000).
It can apply, for example, to a road crash where only property is damaged. See Reckless imprudence: penalty.
What if the person also took something?
Article 308 says that a person who maliciously damages another's property and then removes or uses "the fruits or object of the damage" commits theft. For example, cutting down a neighbor's tree on purpose and then taking the lumber may be theft under this rule. See What is the penalty for theft?
Do you have to go to the barangay first?
The sources this page relies on do not settle this. Section 408(c) of the Local Government Code excludes from barangay conciliation "Offenses punishable by imprisonment exceeding one (1) year or a fine exceeding Five thousand pesos". After Republic Act No. 10951, Article 329 allows a fine of up to ₱40,000 for damage of up to ₱40,000. This page does not say whether these cases still go to the Lupon first. For how barangay conciliation works in general, see Do I need to go to the barangay first?
How does this work in real life?
These are made-up examples to show how the rules work. They are not advice for any real case.
Boyet, after a quarrel, scratches Lito's car with a key. Repairs cost ₱18,000. The damage is up to ₱40,000, so Article 329 allows arresto menor or a fine of ₱18,000 to ₱40,000.
A neighbor deliberately pours chemicals into Rosa's fishpond and kills fish worth ₱250,000. Using a "poisonous or corrosive substance" makes this a special case under Article 328. The damage is over ₱200,000, so the penalty is prision correccional in its minimum and medium periods.
A delivery rider loses control and knocks down Arnel's fence. There was no intent to damage, so it is not malicious mischief. It may be imprudence under Article 365, or a matter for a civil claim.
Rey backs his car into a neighbor's gate through carelessness. Repairs cost ₱12,000 and nobody is hurt. If this is imprudence under Article 365, damage to property only is punished by a fine from ₱12,000 to ₱36,000.
What can you do if someone damaged your property?
Take photos and videos of the damage, keep repair quotes or receipts, and note the names of witnesses. The value of the damage decides the penalty bracket, so proof of cost matters. Whether the damage was deliberate or careless also matters, because that decides which article applies. For barangay services in general, see our barangay guides.
When do you need a lawyer?
Talk to a lawyer before you file a complaint, or if you are accused. A lawyer can check whether the facts show deliberate damage, which article and bracket apply, whether the case must first go to the barangay, and how to claim payment for the damage. If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Frequently asked questions
What is malicious mischief in the Philippines?
It is deliberately causing damage to another person's property, when the act is not arson or another crime of destruction (Article 327 of the Revised Penal Code).
What is the penalty for malicious mischief?
Under Article 329 as amended by Republic Act No. 10951, damage of up to ₱40,000, or damage that cannot be estimated, is punished by arresto menor or a fine from the value of the damage up to ₱40,000. Damage over ₱40,000 up to ₱200,000 is punished by arresto mayor in its minimum and medium periods, and damage over ₱200,000 by arresto mayor in its medium and maximum periods.
Is accidental damage malicious mischief?
No. Article 327 requires that the damage be caused deliberately. Damage caused by carelessness falls under Article 365 (imprudence and negligence), where damage to property alone is punished by a fine from the value of the damage up to three times that value, never less than ₱5,000.
What are the special cases of malicious mischief?
Article 328 covers damage that obstructs public functions, damage using a poisonous or corrosive substance, spreading infection or contagion among cattle, and damage to property of the National Museum or National Library or to archives, registries, waterworks, roads, promenades or other things used in common by the public. These carry heavier penalties.
Do malicious mischief cases go to the barangay first?
The sources this page relies on do not settle it. The Local Government Code excludes from barangay conciliation offenses punishable by more than one year of imprisonment or a fine of more than ₱5,000, and Article 329 now allows fines of up to ₱40,000.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
Was this page helpful?