FIFTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
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SENtlf47 
S.No. ___ _ 
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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. 1 
I This bill was originally filed in the Fourteenth Congress, Second Regular Session 
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FIFTEENTH CONGRESS OF THE REPUBLIC 
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OF THE PHILIPPINES 
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First Regular Session 
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JUt 20 Illl:1 5 
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Introduced by Senator Miriam Defensor Santiago 
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AN ACT 
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PROHIBITING VANDALISM AND IMPOSING PENALTIES THERETO 
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Be it enacted by the Senate and the House of Representatives of the Philippines in 
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Congress assembled: 
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SECTION I. Short Title. This Act maybe known as the "Anti-Vandalism Act". 
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SECTION 2. Definitions 
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a) EVIDENCE OF AGE DOCUMENT - means a document that contains-
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(i) a photograph of the person to whom it is issued; and 
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(ii) information enabling the person's age to be determined; 
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b) SPRAYCAN - means a container (made of any material or materials that-
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(i) contains paint, dye, ink, or some other pigment; and 
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(ii) is so designed that the pigment it contains can be propelled from it 
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(whether by a compressed or liquefied gas, or by mechanical means). 
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SECTION 3. Grailili vandalism, tagging, defacing. A person is liable to imprisoument of 
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not less than one year or a fine of not less than Ten Thousand Pesos (PlO,OOO.OO), if he or she 
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damages or defaces any building, structure, road, tree, property, or other thing by writing, 
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drawing, painting, spraying, or etching on it, or otherwise marking it,-
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( a) without lawful authority; and 
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(b) without the consent of the occupier or owner or other person in lawful control. 
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SECTION 4. Possession of graffiti implements. A person is liable to imprisonment of not 
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less than three days or a fine not exceeding Three Thousand Pesos (P3,000.00), or to both, if 
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without reasonable excuse he or she has in his or her possession a thing capable of being used to 
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commit an offence against Section 2 of this Act in which it can reasonably be inferred that he or 
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she intends to use it to commit such an offence. 
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SECTION 5. Sale of spray cans to people under 18 prohibited. A person who sells a 
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spray can to a person under the age of 18 years is liable to a fine not exceeding Ten Thousand 
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Pesos (PIO,OOO.OO). 
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In any proceedings for an offence against this section, it is a defense if the defendant 
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proves that at the time when the spray can was sold to the minor, the buyer was enrolled at a 
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school or institution and the spray can was sold to the buyer to enable him or her to undertake the 
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work of his or her course at the school or institution, or to complete an assigmnent or project for 
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the school or institution. 
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SECTION 6. Defense in the sale of spray cans. In any proceedings for an offense against 
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Section 5 in respect of selling a spray can to a minor, it is a defense if the defendant proves that: 
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(a) before or at the time of the sale of the spray can, a document purporting to be an 
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evidence of age was presented to the defendant; and 
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(b) the defendant believed on reasonable grounds that the document-
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(i) was in fact an evidence of age document; and 
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(ii) related to the buyer; and 
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(iii) indicated that the buyer was of or over the age oil 8 years. 
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SECTION 7 - Access to spray cans in shops to be restricted. This section applies to a 
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spraycan if-
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(a) it is kept for sale in a part of a shop to which members of the public have access; 
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and 
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(b) it is not-
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(i) under the physical control of the occupier of the shop, or an agent or 
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employee ofthe occupier; or 
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(ii) under the physical control of a potential buyer who is being directly 
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supervised by the 'occupier of the shop, or an agent or employee of the 
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occupier; and 
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( c) the shop is open to the public. 
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The occupier of a shop must ensure that every spraycan in the shop to which subsection 
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(I) applies is stored in such a way that members of the public cannot obtain possession of it 
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without the help of the occupier, or an agent or employee of the occupier. 
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The occupier of a shop who fails or refuses to comply with this section is liable to a fine 
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not exceeding Ten Thousand Pesos (PIO,OOO.OO) 
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SECTION 8. Separability Clause. - If any provision or part thereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SECTION 9. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
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with the provisions of this Act is hereby repealed, modified or amended accordingly. 
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SECTION 10. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
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publication in at ieast two (2) newspapers of general circulation. 
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Approved. 
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