Article 327 of the Revised Penal Code: Who are liable for malicious mischief
Status: In force
What does Article 327 say?
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.
What does it mean in plain language?
Article 327 says a person commits malicious mischief when he or she deliberately damages someone else's property, and the damage is not covered by the chapter just before it, on arson and other crimes involving destruction. Scratching a car with a key, smashing a window or cutting down a neighbor's plants on purpose would be examples.
The key word is "deliberately". Damage caused by carelessness is not malicious mischief. Article 327 only defines the crime: the penalties are in Article 328 (special cases) and Article 329 (all other cases).
How does it work in real life?
Boyet: a key across a car door
After a quarrel over parking, Boyet runs a key along the side of Lito's car. Repairs cost ₱18,000. The damage was deliberate and is not arson, so it fits Article 327. It is not a special case under Article 328, so the penalty comes from Article 329.
A fishpond and a bottle of chemicals
A neighbor pours a chemical into Rosa's fishpond and the fish die. Using a "poisonous or corrosive substance" is one of the special cases in Article 328, which has heavier penalties than Article 329.
A delivery rider and a fence
A delivery rider loses control on a wet road and knocks down a fence. There was no intent to damage it. This is not malicious mischief. It may be imprudence under Article 365, or a matter for a civil claim for the cost of repair.
What does this mean in practice?
- The value of the damage decides the penalty under Article 329, so proof of it matters: photos, repair estimates and receipts.
- Proof of intent matters. Witnesses, messages or a prior quarrel can show that the damage was deliberate.
- Whether a dispute between neighbors must first go through barangay conciliation is a separate question. See Do I need to go to the barangay first?
- Between spouses and close relatives, Article 332 allows only a civil claim for malicious mischief, not a criminal case.
- For a fuller explanation, see Malicious mischief: penalty for damaging someone's property. For help with a specific case, see Free legal help in the Philippines.
What are the elements of malicious mischief?
Read word by word, Article 327 has three parts:
- Damage to property.
- The property belongs to another. Damaging your own property is not covered.
- The damage is deliberate, and it is not arson or another crime in the chapter on destruction.
Nothing has to be taken. If the offender damages the property and then removes or uses what came from the damage, Article 308 treats that act as theft.
How is it different from careless damage?
Article 365 covers acts done by imprudence or negligence, without malice. When careless conduct causes only damage to property, Article 365 sets a fine:
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).
So the same broken fence can lead to different cases. If the neighbor broke it on purpose, it may be malicious mischief. If a driver hit it by accident because of careless driving, it may be reckless or simple imprudence under Article 365. See Reckless imprudence penalty.
What are the special cases in Article 328?
Article 328 lists some kinds of mischief that it punishes separately, with heavier penalties than Article 329:
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
Every other deliberate damage is "other mischief" under Article 329, with the penalty set by the value of the damage.
Frequently asked questions
What is malicious mischief in the Philippines?
Under Article 327 of the Revised Penal Code, it is deliberately causing damage to someone else's property, when the damage is not covered by the chapter on arson and other crimes involving destruction.
Is accidental damage malicious mischief?
No. Article 327 requires deliberate damage. Damage caused by carelessness falls under Article 365 on imprudence and negligence, or is a matter for a civil claim for damages.
What is the penalty for malicious mischief?
Article 327 only defines the crime. Article 328 sets the penalties for special cases, such as using a poisonous or corrosive substance, and Article 329 sets them for all other cases, by the value of the damage.
Can a relative be charged with malicious mischief?
Article 332 says malicious mischief caused mutually between spouses, ascendants and descendants, and some other relatives listed there results only in civil liability, not criminal. The exemption does not cover strangers who take part.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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