Article 329 of the Revised Penal Code: Other mischiefs: penalties by value
Status: Amended
Amended
This provision has been amended. The text below is the current version.
- Amended by: Act No. 3999 (Wording as amended by this law.)
- Amended by: Republic Act No. 10951 (Wording as amended by this law.)
What does Article 329 say?
The mischiefs not included in the next preceding article shall be punished:
1. By arresto mayor in its medium and maximum periods, if the value of the damage caused exceeds Two hundred thousand pesos (P200,000);
2. By arresto mayor in its minimum and medium periods, if such value is over Forty thousand pesos (P40,000) but does not exceed Two hundred thousand pesos (P200,000); and
3) By arresto menor or a fine of not less than the value of the damage caused and not more than Forty thousand pesos (P40,000), if the amount involved does not exceed Forty thousand pesos (P40,000) or cannot be estimated.
What does it mean in plain language?
Article 329 sets the penalty for malicious mischief that is not one of the special cases in Article 328. The penalty depends on the value of the damage: over ₱200,000, over ₱40,000 up to ₱200,000, or ₱40,000 or less. In the lowest bracket the court may impose a short jail term (arresto menor) or a fine of at least the value of the damage and at most ₱40,000.
The crime itself is defined in Article 327: deliberately damaging someone else's property. Article 329 only answers the next question: how heavy is the penalty?
How does it work in real life?
Boyet: ₱18,000 to repaint a car
After a quarrel, Boyet scratches Lito's car with a key. The repair costs ₱18,000. The value is ₱40,000 or less, so the penalty is arresto menor or a fine of not less than ₱18,000 and not more than ₱40,000.
Carmen: a smashed store front
Carmen deliberately smashes the glass front of a store. Replacing it costs ₱120,000. The value is over ₱40,000 but not over ₱200,000, so the penalty is arresto mayor in its minimum and medium periods, or 1 month and 1 day to 4 months.
Dodong: a destroyed harvest
Dodong drives a tractor over a neighbor's ripe rice field on purpose. The harvest was worth ₱260,000. The value is over ₱200,000, so the penalty is arresto mayor in its medium and maximum periods, or 2 months and 1 day to 6 months.
What does this mean in practice?
- The value of the damage decides the bracket. Repair estimates, receipts and photos help prove it.
- If the value cannot be estimated, the lowest bracket applies.
- The fine is a penalty. Paying for the damage is separate: under Article 100, a person criminally liable for a felony is also civilly liable.
- For a fuller explanation, including how to tell deliberate damage from an accident, see Malicious mischief: penalty for damaging someone's property. Whether you must first go to the barangay is explained in Do I need to go to the barangay first? For help with a specific case, see Free legal help in the Philippines.
What is the penalty for malicious mischief by value?
The ranges in the last column come from the table of durations in Article 76 of the Code.
| Value of the damage | Penalty in Article 329 | 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 |
| ₱40,000 or less, 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 |
For the lowest bracket, the article says:
By arresto menor or a fine of not less than the value of the damage caused and not more than Forty thousand pesos (P40,000), if the amount involved does not exceed Forty thousand pesos (P40,000) or cannot be estimated.
These are the penalties the law allows, not the sentence a person will receive. The court decides the actual penalty based on the facts.
What changed with Republic Act No. 10951?
Before 2017, Article 329 followed the wording of Act No. 3999 (1932). The brackets were set at more than 1,000 pesos and more than 200 pesos, and the fine in the lowest bracket could not be more than 200 pesos. Republic Act No. 10951 raised the brackets to ₱200,000 and ₱40,000 and the top of the fine in the lowest bracket to ₱40,000.
Frequently asked questions
What is the penalty for malicious mischief of ₱40,000 or less?
Under Article 329 as amended by Republic Act No. 10951, it is arresto menor (1 to 30 days) or a fine of not less than the value of the damage and not more than ₱40,000. The same applies when the damage cannot be estimated.
What if the damage is worth more than ₱200,000?
Article 329 provides arresto mayor in its medium and maximum periods, which runs from 2 months and 1 day to 6 months under the Code's table of durations.
Does Article 329 apply to every kind of property damage?
No. It covers deliberate damage that is not one of the special cases in Article 328, such as damage made with a poisonous or corrosive substance or damage to things used in common by the public. Careless damage falls under Article 365.
Is the fine paid to the owner of the damaged property?
Article 329 does not say so. A fine is a penalty. Paying for the repair is a separate matter: Article 100 of the Code says every person criminally liable for a felony is also civilly liable.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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