by Jian Zharese Joeis F. Sanz 
Bulatlat.com

MANILA – Vandals United Against Tyranny and Corruption demanded accountability after its member, Decay, was arbitrarily arrested last Oct. 21 in Mendiola. While he was released by the police last Oct. 27, the group stressed that not only his arrest was illegal, he also experienced mental torture. 

“The MPD must be held accountable for these incidents. Decay is not the only one who has experienced this—the people who were arrested on Sept. 21 in Mendiola are still suffering from fear, hardship, trauma, and pain, because the MPD did the same thing to the Mendiola 277,” the group decried in their online statement. 

Decay has been detained for almost a week. 

Forcibly arrested and tortured psychologically

Last Oct. 21, when the commemoration of the National Peasants Month concluded, groups also peacefully dispersed. Members of Vandals United Against Tyranny and Corruption, Decay’s organization, were getting into their jeepney. 

Before they could leave, the police forces approached and surrounded their jeepney. According to the organization’s account, a police truck also blocked the vehicle to prevent it from leaving.

Moments later, policemen started forcibly arresting Decay, who was already inside the jeep. There was also no warrant presented. Teachers and mothers who were with him tried to prevent the forceful apprehension. Lawyers and paralegals present during the time asserted that the arrest was illegal as there was no substantial basis to apprehend the graffiti artist. Despite this, Decay was dragged outside the jeep and arrested. 

Decay was detained at the Manila Police District Headquarters at UN Avenue, Manila, the very same precinct where most of the brutally arrested youth during the September 21 mass arrest were detained. 

Based on the recent picture of Decay, his long hair was cut short. His group reported that it was cut without consent, a form of psychological torture which is prohibited under Anti-Torture Act of 2009. 

Vandals United also said that when Decay was detained, cases against him remained undisclosed to his lawyers and paralegals, making legal aid difficult. Decay’s family was also prohibited by the police to visit him immediately and was told to just come back next week. 

Though his cases were uncertain, Decay is reported to possibly face violation of Manila Ordinance No. 8609 Series of 2020, otherwise known as the Anti-Vandalism Ordinance of 2019. This is despite the lack of evidence against the artist. Under this ordinance, Decay will have to bail an amount no higher than P5,000 (approximately $100). 

Under Article 125 of the Revised Penal Code, individuals apprehended for minor offenses, such as the Anti-Vandalism city ordinance, shall be given judicial support and released within 12 hours. They must be allowed to contact a lawyer and their family immediately. Vandals United said that this was not granted to Decay. 

It can be recalled that the arrested individuals during the Sept. 21 police experienced the same delay in their legal access. This delay in access to family, lawyers, and paralegals has resulted in police having the opportunity to conduct torture and illegal questioning–a crime under the Anti-Torture Act of 2009. 

During Decay’s detention, various progressive artists’ organizations expressed dissent to yet another form of fascism from police forces. As Vandals United called it, “it is just one symptom of a much deeper problem in our system.”

Panday Sining and Sining na Naglilingkod sa Bayan (Sinagbayan) – Manila both expressed dissent on Decay’s illegal apprehension in their statements. Sinagbayan emphasized the illegality of the arrest, citing Rule 113, Section 5 of the Rules of Criminal Procedure. The rule states that a warrantless arrest is only lawful if the person is caught in the act of committing a crime, has just committed one, or is an escaped prisoner, none of which apply to Decay’s case. 

Art should disturb the comfortable

Though graffiti art under law is prohibited under ordinances like Manila’s Anti-Vandalism Ordinance of 2019, SINAGBAYAN – Pasig Propaganda and Campaign Head Ellyza Lapuz asserted that, as art is not supposed to be locked in formal or normative mediums, the people’s artist must bring it closer to the masses. 

She said graffiti is a form of protest. “As artists, we recognize Decay’s form of expression as a manifestation of his sentiments and solidarity with the struggles of the basic sectors, as well as with other graffiti artists, in amplifying calls that the reactionary state has long ignored,” she said. 

Moreover, she highlighted how this art form exposes the masses’ truth and grievances– the very same thing the fascist state aims to silence. 

“Spray painting serves as a medium for channeling these demands—an art form and a protest that travels across streets, walls, and communities, carrying messages of unity and resistance. As poet Cesar A. Cruz once said, “Art should comfort the disturbed and disturb the comfortable,” Lapuz added. 

Lapuz expressed that graffiti art is a form of resistance against the country’s many ills, like corruption, land-grabbing, exploitation of workers, and the state’s repression of its citizens. 

For Lapuz, the police’s illegal apprehension of Decay and silencing of this liberating art form is a clear reflection of the state’s fear of the power of art. As she said, “It shows that instead of addressing the people’s legitimate demands, the system chooses to silence the voices that expose the truth. In doing so, the state reveals its own decay—a society that values the image of order more than genuine justice.”

People’s artists under police attack

As mass movements continue to grow, progressive artists, most of them being youth, experience worsening attacks. 

On Oct. 25, Panday Sining – Rizal has decided to reschedule its benefit gig for the Dumagat-Remontados Indigenous People of Rizal, titled “Sining Singil”. The event was postponed due to reported harassment and red-tagging by the local government unit (LGU) and the PNP. 

This was after the organization reportedly experienced harassment and red-tagging from LGU, DILG, and PNP officials. The officials went to the supposed private venue of the event and threatened to lock and shut down the place. Moreover, the state elements forced them to get unnecessary permits, disregarding the privacy of the benefit gig. The same officials also red-tagged the event, claiming that it would only be attended by members of the New People’s Army. 

Despite the adjustment in their benefit event, the progressive group expressed dissent to the harassment and intimidation, noting in a statement that “the harassment of artists, youth, and community organizers reflects the rotten state of governance that fears free expression and silences those who speak the truth.” (AMU, RVO)