Malicious mischief is defined as the willful damaging of another’s property for the sake

of causing damage due to hate, revenge or other evil motive. To successfully make a person liable
for malicious mischief, the following elements must be proved: 1) that the offender deliberately
caused damage to the property of another; 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 (Luis B. Reyes, The Revised Penal Code, Book II (15th Ed.), page 837).

The penalty for the crime of malicious mischief shall depend upon the value and the kind of the
property damaged. The kinds of malicious mischief and its penalties are provided in Articles 328,
329 and 330 of the Revised Penal Code, to wit: “Article 328. Special cases of malicious mischief.
– 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 cause 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:

1. By prision correccional in its minimum and medium periods, if the value of the damage caused
exceeds 1,000 pesos;

2. By arresto mayor, if such value does not exceed the abovementioned amount but it is over 200
pesos; and

3. By arresto menor, in such value does not exceed 200 pesos.

“Article 329. Other mischiefs. – 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 1,000 pesos;

2. By arresto mayor in its minimum and medium periods, if such value is over 200 pesos but does
not exceed 1,000 pesos; and

3. By arresto menor or fine of not less than the value of the damage caused and not more than 200
pesos, if the amount involved does not exceed 200 pesos or cannot be estimated.

Threats
I. These are considered as crimes against security because they disturb the peace of mind of a
person.

II. Threats: Declarations of an intention to inflict a future wrong upon the person, honor or property of
another or the latter’s family. The acts or words must be so efficacious as to amount to moral pressure
and thus produces fear, or mental disturbance.

A. Grave Threats under Article 282 - the act threatened to be done is a crime e.g. to kill, to burn or
destroy property, to box or to inflict injuries

1. Conditional: the accused makes a demand so that he will not do what he threatened, such as a
demand for money or another condition which may not be unlawful. E.g. “I will stone your car if you
will fail me”.

2 Unconditional- there is simply a declaration to do wrong or harm amounting to a crime. E.g.: “I am

tired of looking at your face. I might as well kill you”

3. But if the threat was made in the heat of anger and the accused did not persist, it is Light Threats.
E.g: In a heated quarrel the accused uttered: “ Uubusin ko kayong magpapamilya” but did not do
anything more. If he however gets a weapon and moves towards his opponent, the crime is grave
threats.

B. Light Threats which may either be:

1. Where the act to be done does not amount to a crime, but it disturbs another. This may be subject
to a condition or not. (Article 283) Examples:

(a). “I will fail you if you will not be introduce me to your sister”

(bi). “ I will report your absences to your father if you do not let me copy your answers”

(c). “I will tell your boyfriend about your dating other men”

2. Other Light Threats (Article 285)

a). Threatening another with a weapon, or drawing such weapon in a quarrel

b). Orally threatening another with a wrong which may amount to a crime but he accused did not
persist in the idea involved in the threat

III. If there is an intimidation and threat to inflict an injury is coupled with a demand for money, when
is it threats and when is it robbery?

1. In threats the harm/injury is still to be inflicted in the future (future harm) whereas in robbery the
harm is to be inflicted right then and there, or that it is actual and immediate ( immediate harm)

2. In threats, the harm maybe committed upon the person or honor of the victim or that to his family,
or to his property whereas in robbery the harm is to be inflicted does not include the honor of the victim

3. In threats the doing of the harm may be communicated through an intermediary where as in
robbery the doing of the harm is always communicated directly and personally to the victim

4. In threat gain is not immediate whereas in robbery the gain is immediate.

IV. Threats as constituting blackmailing- when the doing of a wrong which does not constitute a crime
( Light threat) is subject to a demand for money or other valuable considerations. Examples:

1. “ I will report your cheating to the Dean unless you take charge of my back rentals”

2. “I will inform your best friend that you are dating her boy friend. However, If you let me have your
bracelet, then I will not say anything”.

NOTE; there are two forms of blackmailing. The second is under the law on libel

V. Threats maybe made in any form: orally or in writing or by deeds and actions; personally or through
an intermediary, or via modern facilities of communications, such as by texting or E-mail. The crime is
consummated once the threat is made known to the person threatened,

VI. Threats are absorbed when they are made in connection with another crime, or are used as the
means to commit another crime. Thus the threat to kill is absorbed in armed robbery, as the threat to
injure is absorbed in rape.

VII. Bond for Good Behavior: this is the amount of money to be deposited by the accused charged
with threats to ensure that he shall not molest the person threatened. If he refuses to put up the Bond
for Good behavior, he shall be sentenced to destierro. This is separate and different from the bond
which the accused is require to put up in order not to be detained pending trial.