Dear PAO,

We live in a subdivision. I admit that I parked my car outside our gate. This caused several tensions and heated argument with my neighbor because they said that my car was obstructing the road. One day, I noticed that the passenger door of my car was damaged. There were also dents in the body of my car. When I checked the CCTV footage, I saw that it was my neighbor who caused such damage intentionally. I want to know what case can I file against my neighbor.

Justin

Dear Justin,

According to Article 327 of the Revised Penal Code, a person who shall intentionally damage the property of another person, provided it does not fall under arson and other crimes involving destruction, may be guilty of malicious mischief, to wit:

“Art. 327. 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.”

Jurisprudence provides that the elements of the crime of malicious mischief are as follows: (1) the offender deliberately caused damage to the property of another; (2) such act does not constitute arson or other crimes involving destruction; and (3) the act of damaging another’s property be committed merely for the sake of damaging it.

Therefore, in the crime of malicious mischief, it is important that the offender has an intention to damage the property of another person solely for the purpose of damaging such property. This intention may be motivated by previous altercation, heated arguments, tension between the parties, among others. It is also important that the way of damaging one’s property should not be through the use of fire or through burning because such act may qualify as arson. Further, it should not be by use of explosion, discharge of electric current, intentional damaging the engine of the said vessel because such acts may qualify as crimes involving destruction.

In your case, you stated that your neighbor and you had previous altercations and tensions due to the fact that your car was parked outside your gate. You also mentioned that your neighbor caused dents and damaged the passenger door of your car, for the purpose of damaging it. Therefore, the acts of your neighbor may constitute the crime of malicious mischief.

We hope that we were able to answer your queries. This advice was based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].