Malicious Mischief and Its Prescription — A Complete Philippine Guide
All citations are to the Revised Penal Code (RPC) of 1930 as last amended by R.A. 10951 (took effect 15 September 2017), unless otherwise indicated. This discussion is meant for study and reference; it is not legal advice.
1. What is “Malicious Mischief”?
Article 327 RPC defines malicious mischief as the deliberate damaging of another’s property “for the sake of causing damage, hatred or revenge.” The essence is intentional destruction without the intent to gain.
Qualified and “Other” Malicious Mischief
- Art. 328 (Special cases): destruction of dikes, fishponds, rail tracks, telegraph lines, etc.
- Art. 329 (Other mischiefs): the ordinary form, penalized according to the value of the damage.
2. Penalties After R.A. 10951
| Damage actually caused | Corresponding penalty |
|---|---|
| > ₱1,200,000 or where the act endangers public safety (serious cases under Art. 328) | Prisión correccional medium to maximum (2 yrs-4 mos & 1 day → 6 yrs) |
| ₱40,000 – ₱1,200,000 | Prisión correccional minimum & medium (6 mos & 1 day → 4 yrs & 2 mos) |
| ₱5,000 – ₱40,000 | Arresto mayor (1 mo & 1 day → 6 mos) |
| ≤ ₱5,000 OR damage not capable of pecuniary estimation | Arresto menor (1 day → 30 days) or fine up to 3× the damage |
These brackets matter because prescription depends on the highest imposable penalty.
3. Prescription of Crimes (Art. 90 & 91)
| Imposable penalty on malicious mischief | Classification | Prescriptive period to file the criminal case |
|---|---|---|
| Prisión correccional | Correctional | 10 years |
| Arresto mayor | Correctional but expressly given its own rule | 5 years |
| Arresto menor or fine only | Light offense | 2 months |
Key points for computation (Art. 91):
Start: Date of discovery by the offended party, the authorities, or their agents — not necessarily the date of actual commission.
Interruption:
- Filing of a complaint of any kind (barangay, prosecutor’s office, municipal trial court) interrupts prescription (People v. Olarte doctrine, reiterated in numerous cases).
- Running is also suspended while the accused is outside the Philippines.
Resumption / Re-running: If proceedings end without conviction, or are unjustifiably dismissed before double-jeopardy attaches, the clock starts again.
Continuing offense concept does not apply; malicious mischief is consummated once damage is inflicted.
Barangay Conciliation and Prescription
Under Secs. 410–414, Local Government Code (R.A. 7160), the filing of a sworn complaint with the Punong Barangay already interrupts prescription; the 15-day cooling-off and 15-day mediation periods are excluded from the count.
4. Prescription of the Penalty (Art. 92–93)
After final judgment and before service or during escape:
| Penalty actually imposed in the decision | Prescribes in |
|---|---|
| Prisión correccional | 10 years |
| Arresto mayor | 5 years |
| Arresto menor | 1 year |
| Fine only (≥ ₱40,000) | 15 years ¶ (Art. 92 (3)) |
| Fine only (< ₱40,000) | 1 year |
The period begins from the date the convict evades service; it is tolled while he is within Philippine jurisdiction and discoverable by authorities.
5. Prescription of the Civil Action
Damages caused by malicious mischief may be pursued:
- Ex delicto (in the same criminal action) – Art. 100 RPC.
- Independently, if the criminal case is not filed or is dismissed on jurisdictional grounds.
Under Art. 1146 (1) of the Civil Code, actions for injury to property must be filed within 4 years from the date of the act or omission (or discovery when the damage is concealed/fraudulent).
6. Illustration
Scenario: Damage assessed at ₱150,000 discovered on 12 June 2020 (Friday). A barangay complaint is lodged on 01 August 2020; mediation fails and the complainant receives a Certificate to File Action on 01 September 2020; an information is filed in the MTC on 05 March 2025 but later dismissed without trial on the merits on 10 January 2026.
- Penalty exposure: Prisión correccional ⇒ 10-year prescriptive period.
- Count from 12 June 2020 to 01 August 2020 ⇒ 50 days.
- Interruption: 01 Aug 2020 – 01 Sept 2020 (barangay) excluded.
- Clock resumes 02 Sept 2020; runs until filing of information 05 Mar 2025 ⇒ ≈ 1,644 days (4 yrs & 6 mos).
- Total time lapsed so far: 50 + 1,644 = 1,694 days (≈ 4 yrs & 8 mos).
- Case dismissed 10 Jan 2026 → clock restarts 11 Jan 2026; balance = 10 yrs - 4 yrs 8 mos = 5 yrs 4 mos remaining.
- A new information may still be filed on or before ~11 May 2031, provided no double-jeopardy bar exists.
7. Notable Jurisprudence
| Case (Year) | Relevance |
|---|---|
| People v. Olarte (G.R. L-39885, 17 Feb 1968) | Barangay/prosecutor complaints interrupt prescriptive periods. |
| Reodica v. Court of Appeals (G.R. 123578, 17 Apr 1997) | Re-filing after dismissal; distinction between prescription of crime vs. double jeopardy. |
| Securities & Exchange Commission v. Interport (G.R. 135808, 06 Oct 2003) | General rule on discovery doctrine for economic offenses; often cited by analogy. |
| People v. Malicsi (G.R. 160211, 08 Oct 2014) | Timeliness of filing vis-à-vis barangay conciliation. |
| Estrada v. Office of the Ombudsman (G.R. 212761, 31 Jan 2017) | Clarified “constructive filing” concept in complaint-affidavits. |
While none of the above are about malicious mischief alone, courts apply the same Articles 90–93 logic.
8. Procedural Tips for Practitioners & Litigants
Document discovery — photographs, incident reports, or barangay blotter entries fix the date when the period begins.
Use barangay conciliation strategically — it suspends prescription, but do not let the certificate lapse (15 days to sue in court).
Value of damage controls venue:
- If the penalty is arresto menor → Municipal Trial Court (MTC) as a light offense.
- Arresto mayor or prisión correccional → MTC still has jurisdiction because the penalty’s maximum is ≤ 6 years (B.P. 129, as amended).
Check R.A. 10951 values — overlooked thresholds can be fatal to charging.
Civil damages can ride with the criminal case without docket fees, but a reservation is needed if you choose to sue separately.
9. Key Take-aways
- Prescription depends on penalty, and penalty hinges on the amount of damage.
- Filing any valid complaint stops the clock; dismissal without trial restarts it.
- After conviction, the State must execute sentence within 1–10 years, or it too prescribes.
- The offended party’s separate civil claim is governed by the Civil Code’s 4-year rule, not the RPC.
Quick Reference
₱1.2 M+ → 10 years ₱40 K – ₱1.2 M → 10 years ₱5 K – ₱40 K → 5 years ≤ ₱5 K / fine only → 2 months
Conclusion
The prescriptive periods tied to malicious mischief appear straightforward, yet practice shows they can be lost in the shuffle of barangay conciliation, procedural dismissals, or mere misvaluation of property damage. By minding the amount, marking the date of discovery, and understanding how interruptions work, both prosecutors and private complainants can ensure that the window for redress neither quietly closes nor—equally important—leads to belated, dismissible filings.