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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.