Council defers passage of anti-vandalism proposal
The Cebu City Council has deferred the passage of opposition Councilor Joel Garganera’s proposed ordinance against vandalism.
During the regular session last May 8, Councilor Sisinio Andales said that instead of passing an ordinance solely focused on vandalism, the council may file a draft legislation amending the penalty clause of City Ordinance (CO) 1361.
Approved in Feb. 1990, Article 10 of CO 1361, or the Anti-littering Ordinance, covers the unlawful posting or putting up of graffitis.
“We can just increase the penalty clause of the existing ordinance, wherein it covers already vandalism,” Andales said.
Andales, who sits as head of the committee on laws, said this could be a point Garganera may consider in his proposed ordinance.
But Garganera stood pat that there is a need to have a legislation on the matter. He lamented that the existing penalty clause under CO 1361 is “not enough” to deter vandalism.
Under the Anti-littering Ordinance, first-time violators will be given seven days to pay a compromise fee of P500 to City Hall or undertake community service.
Habitual offenders will be penalized with a fine ranging from P1,000 to P5,000 or imprisonment between one to six months.
“If you look around the city, vandalism is everywhere. We need to focus on these violations because the police are not equipped to go after these violators. Our police only file charges for malicious mischief (against violators).
This is to focus and guide enforcers so that violations of this nature, which is counterproductive for the city, will be addressed,” Garganera said.
If approved, Garganera’s ordinance imposes an imprisonment of three months and a fine of P3,000 for first-time offenders.
Second-time violators are penalized with a fine of P4,000 and an imprisonment of five months.
Third-time offenders will have to pay P5,000 plus an imprisonment of eight months.
If the violator is below 18 years old, civil liabilty shall be shouldered by the minor’s parents or legal guardian./