Legal basis and policy purpose
- The resolution is adopted pursuant to Section 6 of Republic Act No. 7924.
- Republic Act No. 7924 mandates the MMDA to formulate and implement policies, rules and regulations for the promotion and enhancement of ecological well-being and the prevention, control and abatement of environmental pollution.
- The resolution responds to continuing acts of vandalism affecting trees, road signs, concrete walls, and other public properties in Metro Manila.
- The resolution seeks to reduce vandalism by encouraging uniform local penal ordinances across Metro Manila local government units.
Coverage of conduct and target property
- The resolution urges local ordinances penalizing any person who deliberately destroys or damages property.
- Penalized acts include writing, painting, spraying, or defacing.
- The targeted property includes marred and scarred trees, road signs, concrete walls, billboards, and other public properties, including furniture and equipment.
- The vandalism acts must be done by affecting property other than his property.
Key elements for liability
- The resolution requires that the deliberately destructive or damaging act is carried out without the knowledge and consent of the owner.
- The resolution characterizes the conduct as “any form of vandalism” through the listed modes of damage (writing, painting, spraying, defacing).
- The resolution’s penal focus is on deliberate vandalism affecting property belonging to someone else and done without the owner’s knowledge and consent.
Suggested uniform penalty and thresholds
- The resolution suggests a uniform penalty through local ordinances.
- The resolution suggests a fine of PHP 1,000.00 if the value of the damage caused exceeds PHP 500.00.
- The resolution suggests a fine of PHP 200.00 if the value of the damage caused does not exceed PHP 500.00 (as expressed in the resolution as “does not exceed more than PHP 200.00” while also stating the PHP 500.00 threshold).
- The resolution frames the proposed fines as dependent on the value of the damage caused and the relationship of that value to the stated thresholds.
Effectivity and adoption
- The resolution states that it shall take effect upon approval.
- The resolution is adopted on 18 July 1996.
- The resolution bears signatures of members of the Metro Manila Council and the Chairman, including a Chairman (Prosp. I. Oreta) and council members who are city mayors or officials representing member localities.