Article 328. Special Cases Of Malicious Mischief
On Criminal Law
Article 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 prision correccional in its minimum and medium periods, if the value of the damage caused exceeds Two hundred thousand pesos (P200,000);
2. By arresto mayor, if such value does not exceed the abovementioned amount but is over Forty thousand pesos (P40,000): and
3. By arresto menor. if such value does not exceed Forty thousand pesos (P40,000)
CASES OF QUALIFIED MALICIOUS MISCHIEF:
1. Causing damage to obstruct performance of public functions.
2. Using poisonous or corrosive substance.
3. Spreading infection or contagion among cattle.
4. Damage to property of National Museum or National Library, archive, registry, waterworks, road, promenade, or any other thing used in common by the public.
Qualified malicious mischief is different from sedition because the element of tumultuous uprising is not present in the former crime.