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Grave Coercion": Malicious Mischief

This document defines and provides the elements of the crimes of "grave coercion" and "malicious mischief" under Philippine law. It also summarizes recent changes to penalties for malicious mischief made by Republic Act No. 10951 in 2017. Grave coercion involves compelling another against their will or preventing another from doing something legal, through violence, threats, or intimidation without lawful authority. Malicious mischief involves deliberately damaging another's property, where such damage is not considered arson or another crime, and is committed solely to damage the property. RA 10951 adjusted the monetary thresholds and penalties for malicious mischief based on the value of damage caused.

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Myrna Paneda-Ollero
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531 views3 pages

Grave Coercion": Malicious Mischief

This document defines and provides the elements of the crimes of "grave coercion" and "malicious mischief" under Philippine law. It also summarizes recent changes to penalties for malicious mischief made by Republic Act No. 10951 in 2017. Grave coercion involves compelling another against their will or preventing another from doing something legal, through violence, threats, or intimidation without lawful authority. Malicious mischief involves deliberately damaging another's property, where such damage is not considered arson or another crime, and is committed solely to damage the property. RA 10951 adjusted the monetary thresholds and penalties for malicious mischief based on the value of damage caused.

Uploaded by

Myrna Paneda-Ollero
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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Grave Coercion”

Concept: when a person takes the law into his own hands i.e in that he is without authority of
law or has no right to act, and by means of violence, threat or intimidation, he either:

A. Compels another to do something against his will, whether it be right or wrong, or

B. Prevents another from doing something not prohibited by law. If the act prevented is
prohibited by law, the accused is not violating but complementing the law

For grave coercion to lie, the following elements must be present:

“1. that a person is prevented by another from doing something not prohibited

by law, or compelled to do something against his will, be it right or wrong;

“2. that the prevention or compulsion is effected by violence, threats or

intimidation; and

“3. that the person who restrains the will and liberty of another has no right to

do so, or in other words, that the restraint is not made under authority of law
or in the exercise of any lawful right.

MALICIOUS MISCHIEF
ELEMENTS:
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; and
3. That the act damaging another’s property be committed merely for
   the sake of damaging it.
REPUBLIC ACT NO. 10951, August 29, 2017 ]
AN ACT ADJUSTING THE AMOUNT OR THE VALUE OF PROPERTY AND
DAMAGE ON WHICH A PENALTY IS BASED, AND THE FINES IMPOSED UNDER
THE REVISED PENAL CODE, AMENDING FOR THE PURPOSE ACT NO. 3815,
OTHERWISE KNOWN AS "THE REVISED PENAL CODE", AS AMENDED.

ART. 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 Two hundred thousand pesos (P200,000);

"2. By arresto mayor in its minimum and medium periods, if such value is


over Forty thousand pesos (P40,000) but does not exceed Two hundred
thousand pesos (P200,000); and

"3) By arresto menor or a fine of not less than the value of the damage
caused and not more than Forty thousand pesos (P40,000), if the amount
involved does not exceed Forty thousand pesos (P40,000) or cannot be
estimated."

As to the crime of malicious mischief, under the new rules


provided by RA 10951, the penalties for malicious mischief are as
follows:

“ART. 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 Two hundred thousand pesos
(P200,000);

"2. By arresto mayor in its minimum and medium periods, if such


value is over Forty thousand pesos (P40,000) but does not exceed
Two hundred thousand pesos (P200,000); and

"3) By arresto menor or a fine of not less than the value of the
damage caused and not more than forty thousand pesos
(P40,000), if the amount involved does not exceed forty
thousand pesos (P40,000) or cannot be estimated."1 (emphasis
supplied)

1
Ra 10951. An Act Adjusting The Amount Or The Value Of Property And Damage On Which A Penalty Is Based, And The
Fines Imposed Under The Revised Penal Code, Amending For The Purpose Act No. 3815, Otherwise Known As "The
Revised Penal Code", As Amended

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