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FOURTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
Second Regular Session 
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Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
Graffiti vandalism is a serious problem that affects the entire country, and has a 
considerable impact on our public spaces. Research suggests that graffiti vandalism can 
create the perception in the public that 'tagged' areas are unsafe, and can contribute to the 
deterioration of the quality of life in certain neighborhoods. 
Tagging and graffiti is not simply a nuisance activity. It is an invasion of private 
and public property that is intimidating and antisocial. The majority of the graffiti in our 
communities cannot be considered art. It is mindless scrawl that causes great financial 
and emotional costs that the perpetrators care nothing about. 
Graffiti vandalism is not only committed by bored individuals. It can have links to 
gang territoriality and other forms of juvenile delinquency that form the basis of future 
more serious offending. 
This bill prohibits any act of vandalism and regulates the sale of spray can to 
minors. 
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FOURTEENTH CONGRESS OF THE REPUBLIC ) 
Second Regular Session 
OF THE PHILIPPINES 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING VANDALISM AND IMPOSING PENALTIES THERETO 
Be it enacted by the Senate and the Honse ofRepresentatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. This Act may be known as the "Anti-Vandalism Act". 
SECTION 2. Dejnitions 
a) EVIDENCE OF AGE DOCUMENT - means a document that contains- 
(i) a photograph of the person to whom it is issued; and 
(ii) information enabling the person's age to be determined; 
b) SPRAYCAN - means a container (made of any material or materials 
that- 
(i) contains paint, dye, ink, or some other pigment; and 
(ii) is so designed that the pigment it contains can be propelled 
from it (whether by a compressed or liquefied gas, or by 
mechanical means). 
SI~CX'ION 3 .  Gr@ti 
vandalism, fuggfag, dejucing. A person is liable to 
imprisonment of not less than one year or a fine of not less than Ten Thousand Pesos 
(PlO,OOO.OO), if be or she damages or defaces any building, structure, road, tree, property, 
or other thing by writing, drawing, painting, spraying, or etching on it, or otherwise 
marking it,- 
(a) without lawful authority; and 
(b) without the consent of the occupier or owner or other person in lawful control. 
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SECTION 4. Possession of gvafjti implements. A person is liable to 
imprisonment of not less than three days or a fine not exceeding Three Thousand Pesos 
(P3,000.00), or to both, if without reasonable excuse he or she has in his or her 
possession a thing capable of being used to commit an offence against Section 2 of this 
Act in which it can reasonably be inferred that he or she intends to use it to commit such 
an offence. 
SECTION 5. Sale of spray cans to people under 18 prohibited. A person who 
.sells a spray can to a person under the age of 18 years is liable to a line not exceeding 
Ten Thousand Pesos (P10,OOO.OO). 
In any proceedings for an offence against this section, it is a defense if the 
defendant proves that at the time when the spray can was sold to the minor, the buyer was 
enrolled at a school or institution and the spray can was sold to the buyer to enable him or 
her to undertake the work of his or her course at the school or institution, or to complete 
an assignment or project for the school or institution. 
SECTION 6. Defense in the sale of spray cans. In any proceedings for an offense 
against Section 5 in respect of selling a spray can to a minor, it is a defense if the 
defendant proves that: 
(a) before or at the time of the sale of the spray can, a document purporting to be 
an evidence of age was presented to the defendant ; and 
(b) the defendant believed on reasonable grounds that the document- 
(i) was in fact an evidence of age document; and 
(ii) related to the buyer; and 
(iii) indicated that the buyer was of or over the age ofl8 years. 
SECTION 7 -Access to spray cans zn shops to be restricted. This section applies 
to a spraycan if 
(a) it is kept for sale in a part of a shop to which members of the public have 
access; and 
(b) it is not- 
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(i) under the physical control of the occupier of the shop, or an agent 
or employee of the occupier; or 
(ii) under the physical control of a potential buyer who is being 
directly supervised by the occupier of the shop, or an agent or 
employee of the occupier; and 
(c) the shop is open to the public. 
The occupier of a shop must ensure that every spraycan in the shop to which 
subsection (I) applies is stored in such a way that members of the public cannot 
obtain possession of it without the help of the occupier, or an agent or employee of 
the occupier. 
The occupier of a shop who fails or refuses to comply with this section is liable to 
a fine not exceeding Ten Thousand Pesos (PI0,OOO.OO) 
SECTION 8. Separability Clause. ~ 
If any provision or part thereof, is held 
invalid or unconstitutional, the remainder of the law or the provision not otherwise 
affected shall remain valid and subsisting. 
SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, 
executive order, letter of instruction, administrative order, rule or regulation contrary 
to, or inconsistent with the provisions of this Act is hereby repealed, modified or 
amended accordingly. 
SECTION 10. Effectivity Clause. -This Act shall take effect fifteen (15) days 
after its publication in at least two (2) newspapers of general circulation. 
Approved. 
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