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    Malicious Mischief

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    cattacz
    Malicious mischief involves willfully damaging another's property with an evil motive like hate or revenge. It includes special cases like damaging property that obstructs public functions or using poison. The crime requires deliberately damaging another's property merely to cause injury. Penalties depend on the value of the damage caused and can include imprisonment or fines. Damage to means of communication like railways is also considered malicious mischief if the intent is merely to cause damage.

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    Malicious Mischief

    Uploaded by

    cattacz
    37 views3 pages
    Malicious mischief involves willfully damaging another's property with an evil motive like hate or revenge. It includes special cases like damaging property that obstructs public functions or using poison. The crime requires deliberately damaging another's property merely to cause injury. Penalties depend on the value of the damage caused and can include imprisonment or fines. Damage to means of communication like railways is also considered malicious mischief if the intent is merely to cause damage.

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    Malicious-Mischief

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    Malicious mischief involves willfully damaging another's property with an evil motive like hate or revenge. It includes special cases like damaging property that obstructs public functions or using poison. The crime requires deliberately damaging another's property merely to cause injury. Penalties depend on the value of the damage caused and can include imprisonment or fines. Damage to means of communication like railways is also considered malicious mischief if the intent is merely to cause damage.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    37 views3 pages

    Malicious Mischief

    Uploaded by

    cattacz
    Malicious mischief involves willfully damaging another's property with an evil motive like hate or revenge. It includes special cases like damaging property that obstructs public functions or using poison. The crime requires deliberately damaging another's property merely to cause injury. Penalties depend on the value of the damage caused and can include imprisonment or fines. Damage to means of communication like railways is also considered malicious mischief if the intent is merely to cause damage.

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    Malicious Mischief

    What is Malicious Mischief?

     It is the willful damaging of another’s property for the sake of causing damage due to hate,
    revenge or other evil motive.

    What are the crimes classified as Malicious Mischief?

    1. Special Cases of Malicious Mischief (Art. 328) – As regards the means employed and the nature
    of the damaged properties
    2. Other Mischiefs (Art. 329)
    3. Damage and Obstruction to means of communication (Art. 330) - As regards the means
    employed and the nature of the damaged properties
    4. Destroying or damaging statues, public monuments or paintings (Art. 331) - As regards the
    means employed and the nature of the damaged properties

    Who are liable for Malicious Mischief? (Art. 327)

     Any person who shall deliberately cause to the property of another any damage not falling
    within the terms of the next preceding chapter.

    What are the Elements of Malicious Mischief?

    1. That the offender deliberately caused damage to the property of another


    o Offender should act under this impulse of a specific desire to inflict injury to another.
    o Malicious mischief CANNOT be committed through negligence
    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.
    o 3rd Element presupposes that the offender acted due to hate, revenge or other evil
    motive

    Is it Malicious Mischief if the act of damaging to another’s property was inspired by mere pleasure of
    destroying?

     Yes.

    What is the liability if there is no malice?

     Only Civil Liability.

    NOTE: The crime of Malicious Mischief is not determined solely by the mere act of inflicting upon the
    property of a third person, but it must be shown that the act had for its object, the injury of the property
    merely for the sake of damaging it

    What does “Damage” means in malicious mischief?

     It means not only loss but also diminution of what is a man’s own.
     It is THEFT IF after damaging the property, the offender removes or makes use of the fruits or
    objects of the damage
     Damaging of property must not result from crime (Reason: Such damages are mere incidents of
    the crime and as such may give rise only to civil liability)

    May a person charged with malicious mischief be found guilty of damage to property through reckless
    imprudence?

     Yes. Since Reckless imprudence is not a crime itself but merely a way of committing it.

    SPECIAL CASES OF MALICIOUS MISCHIEF

    What are the Special Cases of Malicious Mischief? (Also called “Qualified Malicious Mischief
    (Art. 328)

    1. Causing damage to obstruct the performance of public functions


    o As distinguished from Sedition: This crime does not have the element of public and
    tumultuous uprising.
    o Similar in the sense that there is an intent to obstruct the performance of public
    function
    2. Using any poisonous or corrosive substance
    3. Spreading any infection or contagion among cattle
    4. Causing 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.

    What are the Penalties of the Special Cases of Malicious Mischief? (Art. 328)

    1. Prison Correcional in its minimum and medium periods – Value of the damage caused exceeds
    P200,000.
    2. Arresto Mayor – Value does not exceed P200,000 but is over P40,000
    3. Arresto Menor – Value does not exceed P40,000
    (As amended by R.A. No. 10951)

    OTHER MISCHIEFS

    What are the Other Mischiefs? (Art. 329)

     Those Mischiefs not included in Art. 328


     Example: Killing cowns of another as an act of revenge; Scattering human excrement in public
    building (Value cannot be estimated)

    What are the penalties for Other Mischiefs? (Art. 329)

    1. Arresto Mayor in its medium and maximum periods – Value of the damage caused exceeds
    P200,000.
    2. Arresto Mayor in its minimum and medium periods – Value does not exceed P200,000 but is
    over P40,000
    3. Arresto Menor or fine not less than the value of the damage caused and not more than
    P40,000– Value does not exceed P40,000 or cannot be estimated
    (As amended by C.A. NO. 3999 and R.A. 10951)
    DAMAGE AND OBSTRUCTION TO MEANS OF COMMUNICATION

    How is Damage and Obstruction to means of communication is committed? (Art. 330)

     By damaging any railway, telegraph or telephone lines.

    What are the Penalties for Damage and Obstruction to means of communication? (Art. 330)

    1. Prision Correcional in its medium and maximum periods – Any person who shall damage any
    railway, telegraph or telephone lines
    o Object of the offender is merely to cause damage
    2. Prision Mayor – If the damage shall result in any derailment of cars, collision, or other accident,
    without prejudice to the criminal liability of the offender for the other consequences of his
    criminal act.
    o The derailment of cars SHOULD NOT HAVE BEEN PURPOSELY SOUGHT for by the
    offender. It must have resulted from damage to railway, telegraph or telephone lines.

    What constitutes an integral part of a railway system (Art. 330)

     The electric wires


     Traction cables
     Signal system
     Other things pertaining to railways

    Is Article 330 applicable when the telegraph or telephone lines do not pertain to railways?

     No. Art. 330 applies to person who cuts telegraph or telephone wires BUT it must pertain to a
    railway system

    What crime is committed if as a result of the damage caused to railways, certain passengers of the
    train are killed?

     It depends.
     If there is no intent to kill – Damages to means of communication with homicide (Art. 4 & 48)
     If there is intent to kills and damaging the railways was the means to accomplish the criminal
    purpose – Murder

    DESTROYING OR DAMAGING STATUES, PUBLIC MONUMENTS, OR PAINTINGS

    What are the Penalties for Destroying or Damaging Statues, Public Monuments, or paintings?
    (Art. 331)

    1. Arresto Mayor in its medium period to Prision Correcional in its minimum period – To any
    person who shall destroy or damage statues or any other useful ornamental public monuments
    2. Arresto Menor or a fine not exceeding P40,000, or both such fine and imprisonment, in the
    discretion of the court – To any person who shall destroy or damage any useful or ornamental
    painting of a public nature.

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