Below is an overview of the key legal considerations and potential consequences under Philippine law related to deliberately destroying another person’s identification card (ID) and Automated Teller Machine (ATM) card. This discussion draws on various legal doctrines, provisions in the Revised Penal Code of the Philippines, special penal laws (e.g., the Access Devices Regulation Act), and relevant civil liability principles.

1. Initial Considerations

Property Rights: Under Philippine law, a valid ID (government-issued or private) and an ATM card are personal property belonging to the holder. Destroying them without permission implicates an unlawful interference with another person’s property rights.
Nature of the ID:
- Government-issued IDs (e.g., passport, driver’s license, PhilHealth ID, UMID) are considered official documents. While they are ultimately government property, they remain in the possession of the individual. Destroying or tampering with a government-issued ID can carry more serious implications.
- Private IDs (e.g., company IDs, school IDs) are still protected as personal property of the holder, even though they come from private institutions.
ATM Cards as “Access Devices”: Republic Act (R.A.) No. 8484, the Access Devices Regulation Act of 1998, covers credit cards, ATM cards, and other access instruments that enable account holders to perform financial transactions. The law punishes unauthorized access, fraudulent activities, and malicious destruction of these devices in certain contexts.

2. Criminal Liability Under the Revised Penal Code

2.1. Malicious Mischief

Legal Basis: Articles 327 to 329 of the Revised Penal Code (RPC) govern malicious mischief.
Definition (Art. 327): Malicious mischief is committed by any person who shall deliberately cause damage to the property of another, motivated by hate, revenge, or other evil intent.
Application to ID and ATM: Destroying someone’s personal property (such as an ID or ATM card) can be considered malicious mischief if the primary intent is to damage or destroy that property without lawful justification.
Penalties (Art. 329): Penalties depend on the value of the damage. Generally, the RPC classifies malicious mischief under:
- Simple malicious mischief – the penalty usually ranges from Arresto Mayor (1 month and 1 day to 6 months) to Prisión Correccional (6 months and 1 day to 6 years), depending on the value of the damage.
- Qualified malicious mischief – if committed under specific aggravating circumstances (e.g., damage to property dedicated to public use, religious property, or means of livelihood).

2.2. Theft or Robbery (If Accompanied by Taking)

Theft (Arts. 308-309, RPC): If a person forcibly takes an ID or ATM card from its rightful owner with the intent to gain possession and later destroys it, theft may be charged before the property is destroyed—though typically the essential element is intent to gain.
Robbery (Arts. 293-299, RPC): If force, violence, or intimidation is used in taking the ID or ATM card prior to its destruction, robbery could be considered. However, it is less common for these provisions to be invoked solely for the destruction of an ID or ATM unless additional valuables are involved or the property’s value is notably high.

3. Criminal Liability Under Special Laws

3.1. Access Devices Regulation Act (R.A. No. 8484)

Scope: This law penalizes fraudulent acts involving “access devices,” such as credit cards and ATM cards.
Possible Violation: If the destruction of another person’s ATM card is part of a scheme or fraudulent activity to deny them access to their account or commit financial fraud, it may qualify as a violation of R.A. 8484.
Key Provisions:
- Section 9 enumerates prohibited acts such as producing, using, trafficking, or possessing counterfeit access devices.
- Destruction or concealment of an access device is not explicitly listed as a standalone crime under R.A. 8484 if done without the intent of committing fraud. However, it could be relevant if the destruction is tied to identity theft, account access, or other deceptive financial acts.
Penalties: Penalties include fines and imprisonment depending on the specific act and amount of monetary damage involved.

3.2. Other Special Laws (as context-dependent)

Anti-Fencing Law (P.D. No. 1612): This law penalizes those who buy or receive stolen property. It might become relevant if someone acquires stolen IDs or ATM cards for destructive purposes, though destruction per se does not directly violate the Anti-Fencing Law unless the property was stolen for resale.
Cybercrime Prevention Act (R.A. No. 10175): Generally covers crimes involving computers or digital devices. The physical destruction of an ATM or ID is rarely implicated here unless it connects to cyber-fraud or identity theft.

4. Civil Liability

Regardless of any criminal charges, a wrongdoer who destroys another person’s property (including IDs and ATM cards) typically incurs civil liability. Under Article 20 and Article 21 of the Civil Code:

Article 20 states that every person who causes damage to another by any act or omission punishable by law shall indemnify the latter for the damage caused.
Article 21 covers acts that, while not punishable by law, still violate the principle of good faith, thereby entitling the aggrieved party to damages.

Practical Meaning:

Actual Damages: Cost of replacing the destroyed ID or ATM card (including fees for re-issuance, penalty charges imposed by the bank, or other out-of-pocket costs).
Moral Damages: If the destruction caused humiliation, embarrassment, or emotional suffering.
Exemplary Damages: Awarded when the act was done in a wanton, fraudulent, reckless, oppressive, or malevolent manner, to set an example or to deter future wrongdoing.

5. Steps for the Aggrieved Party (Victim)

Document the Incident: Take photographs or videos (if possible), gather witness statements, and secure any evidence of the destruction.
Report to Authorities:
- Barangay: Most minor disputes, including property damage, can be initially subjected to Barangay Conciliation (Katarungang Pambarangay) if the parties reside in the same municipality.
- Police: File a blotter report detailing how and when the destruction occurred.
File a Formal Complaint: If the barangay settlement fails (or is not applicable), go to the City or Provincial Prosecutor’s Office to file a complaint for malicious mischief or any applicable offense.
Civil Action: Consider filing a civil case for damages in the regular courts if there is significant harm or if settlement is not reached.

6. Potential Defenses for the Accused

Lack of Malice or Intent: If the accused can prove the destruction was accidental or done without malicious intent.
Rightful Ownership or Authorization: If the accused can show they actually owned the property or had a legal right to dispose of it (rare in the context of IDs and ATM cards).
Value of the Property: Could mitigate penalties if the property is of nominal value; but IDs and ATM cards—while physically of small monetary value—can have significant practical value to the owner.

7. Practical Tips and Advice

Immediate Replacement: Once an ID or ATM card is destroyed, the victim should act promptly to have it replaced or reissued, especially if it involves critical accounts or time-sensitive transactions.
Protect Financial Information: If an ATM card is destroyed or stolen prior to destruction, the victim should contact the issuing bank to disable or block the card to prevent unauthorized transactions.
Seek Legal Counsel: If the destruction leads to serious complications—e.g., identity theft, monetary loss, emotional distress—a lawyer can advise on criminal complaints and civil suits for damages.

8. Summary and Key Takeaways

Criminal Aspect: Primarily falls under malicious mischief (Revised Penal Code) if done deliberately and without justification. If done in a context of fraud or unauthorized financial access, the Access Devices Regulation Act (R.A. 8484) may also apply.
Civil Liability: The wrongdoer may be held liable for indemnifying the owner for actual, moral, and possibly exemplary damages.
Procedural Steps: Victims can initiate the complaint at the barangay level or directly with law enforcement and the prosecutor’s office.
Severity of Penalty: Depends on the value of the property damaged, the extent of loss, and aggravating circumstances. Government-issued IDs may invite more scrutiny or higher penalties if they are official documents.
Protective Measures: Victims should secure legal help, block or report the destroyed ATM card, and replace essential IDs as soon as possible.

In all, the deliberate destruction of another person’s ID or ATM card in the Philippines can give rise to both criminal and civil consequences. Offenders risk imprisonment (in more serious cases), fines, and an obligation to pay damages. Victims are encouraged to preserve evidence, report the incident promptly, and pursue remedies through both criminal and civil pathways.