Malicious mischief - G.R. No. 185833

G.R. No. 185833

"x x x.

What really governs this particular case is that the prosecution was able to prove the guilt of petitioner beyond reasonable doubt. The elements of the crime of malicious mischief under Article 327 of the Revised Penal Code are:

(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.[20]


In finding that all the above elements are present, the MeTC rightly ruled that:

The following were not disputed: that there was a collision between the side view mirrors of the two (2) vehicles; that immediately thereafter, the wife and the daughter of the complainant alighted from the CRV and confronted the accused; and, the complainant, in view of the hostile attitude of the accused, summoned his wife and daughter to enter the CRV and while they were in the process of doing so, the accused moved and accelerated his Vitara backward as if to hit them.
The incident involving the collision of the two side view mirrors is proof enough to establish the existence of the element of “hate, revenge and other evil motive.” Here, the accused entertained hate, revenge and other evil motive because to his mind, he was wronged by the complainant when the CRV overtook his Vitara while proceeding toward the booth to pay their parking fee, as a consequence of which, their side view mirrors collided. On the same occasion, the hood of his Vitara was also pounded, and he was badmouthed by the complainant's wife and daughter when they alighted from the CRV to confront him for the collision of the side view mirrors. These circumstances motivated the accused to push upward the ramp complainant's CRV until it reached the steel railing of the exit ramp. The pushing of the CRV by the Vitara is corroborated by the Incident Report dated May 26, 2002 prepared by SO Robert Cambre, Shift-In-Charge of the Power Plant Mall, as well as the Police Report. x x x[21]


The CA also accurately observed that the elements of the crime of malicious mischief are not wanting in this case, thus:

Contrary to the contention of the petitioner, the evidence for the prosecution had proven beyond reasonable doubt the existence of the foregoing elements. First, the hitting of the back portion of the CRV by the petitioner was clearly deliberate as indicated by the evidence on record. The version of the private complainant that the petitioner chased him and that the Vitara pushed the CRV until it reached the stairway railing was more believable than the petitioner's version that it was private complainant's CRV which moved backward and deliberately hit the Vitara considering the steepness or angle of the elevation of the P2 exit ramp. It would be too risky and dangerous for the private complainant and his family to move the CRV backward when it would be hard for him to see his direction as well as to control his speed in view of the gravitational pull. Second, the act of damaging the rear bumper of the CRV does not constitute arson or other crimes involving destruction. Lastly, when the Vitara bumped the CRV, the petitioner was just giving vent to his anger and hate as a result of a heated encounter between him and the private complainant.
In sum, this Court finds that the evidence on record shows that the prosecution had proven the guilt of the petitioner beyond reasonable doubt of the crime of malicious mischief. This adjudication is but an affirmation of the finding of guilt of the petitioner by both the lower courts, the MeTC and the RTC.[22]

x x x."