How to Draft a Barangay Ordinance Against Vandalism of Government Property (Philippine Context)

For Punong Barangays, Sangguniang Barangay members, barangay secretaries, and counsel who need a clear, defensible, and implementable local rule.

1) Legal Foundations and Limits

Constitutional & statutory basis

Police power at the local level. Under the 1987 Constitution and the Local Government Code of 1991 (LGC; R.A. 7160), LGUs may enact ordinances to promote the general welfare (“general welfare clause”). For barangays, this authority is exercised by the Sangguniang Barangay (LGC, Sec. 391).
Hierarchy and consistency. A barangay ordinance must be consistent with the Constitution, statutes, and provincial/city/municipal ordinances. It may supplement national laws but cannot contradict or diminish their penalties/definitions.
Overlap with national offenses. Vandalism frequently overlaps with:
- Malicious mischief under the Revised Penal Code (RPC, Arts. 327–331) (willful damage to property).
- R.A. 9003 (Ecological Solid Waste Management Act) for littering/posting that produces solid waste.
- R.A. 8491 (Flag and Heraldic Code) when flags/seals are defaced.
- Special laws on public works, public school property, historical/cultural sites (e.g., National Cultural Heritage Act).
- Your ordinance should clarify coordination with police/criminal prosecution when facts fit national offenses.

Penalty ceilings and nature of sanctions

Barangays generally impose administrative fines and community-service–type sanctions. Under the LGC scheme, barangay penalties are modest (commonly capped at ₱1,000 per offense in many LGUs). Imprisonment is normally outside barangay authority and is imposed by municipal/city ordinances and courts.
To avoid ultra vires challenges, stay within fine caps applicable to barangays and rely on restitution and community service (e.g., repainting, cleanup) as primary sanctions.

Jurisdiction and amicable settlement

The Katarungang Pambarangay (KP) system (LGC, Chapter 7) may apply to ordinance violations that are not excluded offenses. Provide an option for KP mediation/conciliation for first-time, minor offenses (except when immediate police action is needed).

Effectivity and publication/posting

Barangay ordinances typically take effect after posting in at least three (3) conspicuous places in the barangay (e.g., barangay hall, public market, covered court), for the period and manner required by the LGC and the ordinance itself. As a best practice, fix an effectivity date not earlier than ten (10) days after complete posting, and keep a proof-of-posting file (pictures, certifications).

2) Policy Design: What Your Ordinance Should Cover

Objectives

Protect and preserve government property and public spaces.
Deter vandalism through clear rules, predictable sanctions, and swift, fair enforcement.
Promote community participation and restorative justice (e.g., repainting, cleanup).
Support youth diversion and child protection standards.

Scope (define precisely)

Covered property: barangay hall and facilities; streetlights, lampposts, road signs and markers; benches, railings, railings, waiting sheds; public parks/playgrounds; covered courts; public school buildings/fences (subject to coordination with DepEd); health stations; heritage markers; public vehicles and equipment; drainage/culverts; public art and authorized murals.
Covered conduct (“vandalism”): writing, drawing, painting (including graffiti), etching/scratching, affixing stickers/posters, gluing (“wheatpaste”), marking with indelible substances, defacing, damaging, or aiding/abetting such acts without written permission of the property administrator.
Exemptions/permissions: lawful notices on designated posting areas; authorized murals; public notices required by law; activities expressly permitted in writing by the property administrator.

Key definitions (sample language)

“Government property”—any property owned, used, maintained, or controlled by the barangay, the municipality/city/province, national government agencies, and public schools within barangay limits.
“Deface”—to alter appearance through markings or substances that cannot be removed by ordinary cleaning.
“Damage”—any physical change requiring repair, repainting, or replacement to restore previous condition.
“Minor offense”—defacement that can be fully removed/repainted within 2 worker-hours and costs ≤ ₱X (set locally).
“Repeat offender”—two or more violations within 12 months.

Penalties and remedies (graduated, proportionate, within limits)

First offense (minor): written warning or community service (4–8 hours, cleanup/repainting) and removal/restoration at offender’s expense; fine up to ₱500.
Second offense: community service (8–16 hours) + restitution (materials + labor) + fine up to ₱750.
Third/subsequent: community service (16–24 hours) + restitution + fine up to ₱1,000; referral for criminal complaint if facts amount to malicious mischief or special-law violation.
Aggravating circumstances (higher-end fine/restitution and longer service within caps): defacement of heritage/historical markers; repetition within 6 months; damage to safety-critical signs (e.g., traffic, disaster warnings); organized/tag-group vandalism; vandalism promoting hate/violence.
Accessory penalties: confiscation of vandalism implements; mandatory attendance at barangay orientation on civic responsibility.
Civil liability: full restitution for repair/repainting/replacement (materials and labor), separate from the administrative fine.

Special rules for children in conflict with the law (CICL)

Apply R.A. 9344 (Juvenile Justice and Welfare Act), as amended: diversion, intervention programs, and parental responsibility for restitution; no detention for status/minor administrative offenses; coordinate with LSWDO and BCPC for case management; require parent/guardian presence; use restorative agreements (apology, repainting, community service).

Protected expression & designated spaces

To avoid freedom-of-expression challenges, make the rule content-neutral (regulate conduct, not message). Provide legal alternatives, e.g., community notice boards and barangay-approved mural spaces with a simple permit system.

3) Enforcement Architecture

Enforcers & roles

Punong Barangay (overall supervision).
Barangay Tanods/Barangay Public Safety Officers (BPSO): frontline enforcement and documentation.
Barangay Secretary: records, blotter, notice issuance, ordinance management, proof-of-posting.
Committee on Peace & Order / Committee on Infrastructure: oversight; identifies hotspots; recommends mural/notice areas.

Apprehension & documentation protocol

In flagrante: Tanod/BPSO may effect a citizen’s arrest under Rule 113, Sec. 5 (arrest without warrant for an offense committed in their presence), secure implements, and ensure safety.
Identity verification: obtain name, address, valid ID; for minors, immediately contact parents/guardian and LSWDO.
Evidence: photograph/video of act and damage; seize markers/paint; measure area; estimate materials/labor; identify property administrator.
Blotter: record facts, witnesses, evidence list.
Notice to explain: serve within 48 hours of apprehension or report.
Summary conference at the barangay hall (offender/guardian present) to determine violation category, sanction within caps, restitution, schedule of community service.
Referral to PNP/prosecutor for RPC/special-law offenses (especially significant damage, repeat/organized acts, safety-critical signs).
KP process (if applicable) for amicable settlement/restorative agreement.

Due process

Written notice of charge, reasonable opportunity to be heard, and a written disposition citing facts, rule violated, and sanction.
Provide appeal/recourse (e.g., motion for reconsideration with the Punong Barangay within 10 days; note that criminal referrals proceed independently).

Data privacy & CCTV

If using CCTV/body cams, comply with R.A. 10173 (Data Privacy Act): post privacy notices in monitored areas; limit access; store for a defined period; release footage only per lawful request or proceedings.

4) Implementation Playbook

Hotspot mapping

Identify frequent targets (waiting sheds, school perimeters, street signs, footbridges). Prioritize lighting, CCTV, and anti-graffiti coatings where feasible.

Public education

Launch “Clean Walls, Safe Streets” campaign: school talks, posters on legal posting sites, social media reminders, and a simple permit for community murals.

Designated posting & art

Install community bulletin boards near the barangay hall/market.
Establish mural zones (e.g., along a gym wall) with scheduled repainting, youth groups involved, and rotating themes (heritage, disaster risk reduction, local sports).

Reporting channels

Hotline/Viber/Facebook page for tips; ensure acknowledgment and status updates to build trust.

Partnerships

PNP (blotter, patrols, criminal cases).
DepEd school heads (within or adjacent to school property).
DPWH/LGU Engineering (signs, bridges).
NCCA/Local Culture Office (heritage protection).
Local businesses for paint/material sponsorships.

5) Model Barangay Ordinance (Template)

Barangay Ordinance No. ____ (Series of 20__) “An Ordinance Prohibiting Vandalism of Government Property within Barangay ______, Providing Penalties, Restorative Measures, and for Other Purposes.”

Section 1. Policy and Purpose. The Barangay declares it a policy to preserve the cleanliness, safety, and integrity of government property and public spaces, to deter vandalism, and to promote civic responsibility and restorative justice consistent with the Constitution and R.A. 7160.

Section 2. Definition of Terms. (a) Government Property … (b) Vandalism … (c) Deface … (d) Damage … (e) Minor Offense … (f) Repeat Offender …

Section 3. Prohibited Acts. It shall be unlawful for any person to: (a) Write/paint/draw/etch/scratch, affix stickers/posters, or apply any substance on government property without written authorization; (b) Damage or destroy any government property; (c) Aid, abet, or conspire in the commission of the foregoing; (d) Possess vandalism implements (spray paint, markers, etching tools, adhesives) with intent to vandalize, inferred from time/place/manner and circumstances (possession alone not punishable).

Section 4. Exemptions. This Ordinance does not apply to: (a) Lawful public notices on designated posting areas; (b) Authorized community murals with written approval; (c) Official markings by government personnel in the performance of duty.

Section 5. Penalties and Remedies. Subject to limits applicable to barangays:

1st offense (minor): written reprimand or community service (4–8 hours) and fine up to ₱500; mandatory removal/restoration at offender’s expense.
2nd offense: community service (8–16 hours) + fine up to ₱750 + restitution.
3rd/subsequent: community service (16–24 hours) + fine up to ₱1,000 + restitution, and referral to law enforcement where facts warrant prosecution under national law.
Aggravating circumstances (heritage sites, safety-critical signs, organized acts): impose the maximum service/fine and immediate referral to police/prosecutor.

Section 6. Minors. For children in conflict with the law, the Barangay shall apply diversion and restorative measures under R.A. 9344, with parental/guardian supervision and LSWDO coordination; parents/guardians are solidarily liable for restitution.

Section 7. Community Service; Restitution. Service shall be related to restoration/cleaning. Restitution covers materials, labor, and incidental costs to restore property to its prior condition.

Section 8. Enforcement. Barangay Tanods/BPSO are authorized to apprehend offenders, seize implements, and document evidence. The Barangay may coordinate with the PNP for prosecution under the RPC/special laws.

Section 9. Due Process. The Barangay shall issue a Notice to Explain, conduct a summary conference, and render a written disposition indicating the facts, rule violated, and sanction. KP conciliation may be pursued where applicable.

Section 10. Designated Posting Areas & Mural Zones. The Barangay shall maintain at least two (2) community bulletin boards and may accredit mural zones subject to simple permits and schedules.

Section 11. Information Campaign. The Barangay shall implement continuing anti-vandalism education in schools and public areas.

Section 12. Separability Clause. If any provision is declared invalid, the remainder remains in force.

Section 13. Repealing Clause. Inconsistent barangay issuances are repealed or modified accordingly.

Section 14. Effectivity. This Ordinance takes effect ten (10) days after complete posting in at least three (3) conspicuous places within the Barangay.

ENACTED by the Sangguniang Barangay of ______, this __ day of ____, 20. APPROVED: __________________________ (Punong Barangay)

6) Step-by-Step Legislative Process & Records Checklist

Problem definition: gather incident reports, photos, cost estimates of repainting/repairs.
Committee hearing: invite PNP, school heads, youth leaders, tricycle associations, market vendors.
Drafting: use the template; confirm fines within barangay caps; verify alignment with municipal/city ordinances.
First reading: title only.
Committee report: recommend approval with amendments.
Second reading: full text reading; debates and amendments; vote.
Third reading: final vote.
Signing by Punong Barangay.
Posting: three conspicuous places; keep Proof of Posting (certification + photos).
Filing & indexing: ordinance number, series, keywords (“vandalism,” “graffiti,” “government property”).
Orientation of tanods/BPSO and public info campaign.
Monitoring & evaluation: quarterly report on incidents, costs, and compliance.

Records & forms to prepare

Incident report template (who/what/when/where/how; damage estimate; photos).
Notice to Explain; Acknowledgment Receipt; Summary Conference Minutes; Disposition Order.
Community Service Agreement (date, hours, tasks, supervisor).
Restitution Agreement/Undertaking (amount, schedule).
For minors: Diversion/Intervention Plan with LSWDO.
Proof of Posting; Certification of Effectivity.

7) Practical Drafting Tips (to Keep Your Ordinance Enforceable)

Be content-neutral: regulate vandalism as conduct, not the message or viewpoint.
Define “government property” and “vandalism” narrowly to avoid vagueness.
Provide lawful alternatives (notice boards, mural zones) to reduce violations and bolster constitutionality.
Stay within barangay penalty limits; use restitution and community service to make victims whole.
Embed due process steps and appeal/MR window.
Plan for minors from the start—have LSWDO and BCPC onboard.
Document everything—photos, receipts, service completion.
Coordinate early with PNP and the city/municipal legal officer, especially for repeat/organized cases.
Evaluate and recalibrate—include a sunset or review clause (e.g., “review after 12 months”).

8) Frequently Asked Questions

Q: Can we criminalize vandalism at the barangay level? A: Treat your ordinance as a barangay-level regulatory and administrative measure with fines, community service, and restitution. Criminal prosecution proceeds under the RPC/special laws via PNP/prosecutor.

Q: How do we handle first-time youth offenders? A: Use diversion and restorative justice (apology, repainting, counseling) under R.A. 9344, with parents/guardians and LSWDO present, plus restitution.

Q: Are stickers/posters covered? A: Yes, if affixed to government property outside designated posting areas and without permission.

Q: What if a municipal/city ordinance already penalizes vandalism? A: Your barangay ordinance should complement it—focus on clarity of local procedures, community service, restitution, and designated spaces; avoid contradictions.

9) One-Page Summary Clause (you can annex to the ordinance)

Prohibited: Any unauthorized marking/defacement/damage of government property.
Allowed: Notices on designated boards; authorized murals; official markings.
First offense: warning or 4–8 hrs service + up to ₱500 fine + restitution.
Second: 8–16 hrs service + up to ₱750 + restitution.
Third: 16–24 hrs service + up to ₱1,000 + restitution; possible criminal referral.
Minors: diversion, restorative measures, parental restitution.
Process: notice → conference → disposition; KP where applicable.
Effectivity: 10 days after posting in three conspicuous places.

Final Note

Before passage, have the draft reviewed by the municipal/city legal office to confirm alignment with prevailing local codes, penalty ceilings, and any existing city/municipal anti-vandalism ordinance. This preserves enforceability and avoids duplication or conflict.