Short answer. Yes. Article 331 of the Revised Penal Code treats damage to public paintings more leniently than the destruction of public statues or monuments. Destroying a statue or monument carries imprisonment of up to two years, while damaging a public painting draws only a short jail term or a fine up to ₱40,000, or both.
What the law says
Any person who shall destroy or damage statues or any other useful or ornamental public monument, shall suffer the penalty of arresto mayor in its medium period to prisión correccional in its minimum period. Any person who shall destroy or damage any useful or ornamental painting of a public nature shall suffer the penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000), or both such fine and imprisonment, in the discretion of the court.
Revised Penal Code, Article 331 — Damaging Monuments And Paintings. Read the full provision →
Two offenses, two different penalties
Article 331 defines two distinct acts and assigns each a different penalty. Destroying or damaging statues or public monuments draws the heavier sanction: imprisonment ranging from arresto mayor in its medium period up to prisión correccional in its minimum period — a range that can run up to roughly two years. Destroying or damaging a public painting draws the lighter penalty: arresto menor — the shortest form of imprisonment — or a fine not exceeding ₱40,000, or both, at the court's discretion.
These figures are from RA 10951 (2017)
The fine of ₱40,000 mentioned in Article 331 for painting damage reflects the amendment made by Republic Act No. 10951, enacted in 2017. That law updated the monetary values and fines throughout the Revised Penal Code, which had not been revised since 1930. Older copies of the Code show significantly lower figures. If you are researching or citing this provision, confirm you are reading the post-2017 amended version, not a pre-2017 text.
What counts as a 'public' monument or painting
Article 331 covers objects that are useful or ornamental and of a public nature. A statue in a town plaza, a mural on a government building, or a painting displayed in a public park would fall within the article's scope. The key characteristic is the public nature of the artwork — it is owned by or dedicated to the public, not a private collection. Private property damage is covered by separate provisions on malicious mischief.
Both acts are crimes regardless of intent
Whether you acted out of protest, vandalism, or negligence may affect how a court weighs the facts, but the act itself — the destruction or damage of a public artwork — is the crime under Article 331. The law does not require proof of a specific motive. If you or someone you know is facing a charge under this provision, or is investigating damage to a public artwork, consulting a lawyer early is important, as the applicable penalty and the specifics of the offense will depend on the nature of the object and the exact circumstances of what occurred.