Text of the provision
On the text as published. Both source texts print “2. By arresto mayor” here. That is a scanning artefact rather than anything the legislature enacted — B-v for B-y, the classic scan confusion; every parallel clause reads 'By' — so this page prints the corrected reading. The original is recorded so you can tell what any other source will show you.
Art. 328. Special cases of malicious mischief. - Any person who shall cause damage to obstruct the performance of public functions, or using any poisonous or corrosive substance; or spreading any infection or contagion among cattle; or who causes damage to the property of the National Museum or National Library, or to any archive or registry, waterworks, road, promenade, or any other thing used in common by the public, shall be punished: 1. By prisión correccional in its minimum and medium periods, if the value of the damage caused exceeds Two hundred thousand pesos (₱200,000); 2. By arresto mayor if such value does not exceed the abovementioned amount but is over Forty thousand pesos (₱40,000); and 3. By arresto menor , if such value does not exceed Forty thousand pesos (₱40,000).
Revised Penal Code of the Philippines, Act No. 3815, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
Damage done to obstruct public functions, or caused by poison or corrosive substances, by spreading infection among cattle, or to the National Museum, National Library, archives, registries, waterworks, roads or other things used in common by the public, is punished by prisión correccional in its minimum and medium periods where the damage exceeds Two hundred thousand pesos (₱200,000), by arresto mayor where it is over Forty thousand pesos (₱40,000) but not more than that amount, and by arresto menor where it does not exceed Forty thousand pesos (₱40,000).
Questions about this provision
Related provisions
- Article 324 — Crimes Involving Destruction.
- Article 329 — Other Mischiefs.
Penalty amounts. The text above is the article as amended by Republic Act No. 10951 (2017), which revised the property values and fines throughout this Code. Older reproductions of the Revised Penal Code still print the 1930 amounts — for theft and estafa they show 12,000 and 22,000 pesos where the current figures run to millions. Check which version any source you rely on is giving you.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.