Manila plans new curfew ordinance

Anew curfew ordinance that will be more lenient and less restrictive to minors will be introduced in Manila. The curfew ordinance draft, according to Manila Mayor Joseph Estrada, will not in any way unnecessarily infringe on the constitutional rights of the minors and their parents or guardians but its goal will just be the same – to protect them from crimes during nighttime.

“We are balancing the rights of the people and the government’s duty to protect them from harm. This new (curfew) ordinance will not be as harsh as the old one, in fact it will be more lenient, but I assure you, we will implement this strictly,” Estrada said.

In August, the higher court nullified Manila’s Ordinance No. 8046 after they agreed with the argument of the petitioner, the Samahan ng Progresibong Kabataan (SPARK), that the said ordinance violated the provisions of the R.A. 9344 or the Juvenile Justice and Welfare Act.

According to the SC, the ordinance’s provisions imposing reprimand, fine, and imprisonment on minors contradicts the provisions of R.A. 9344.

Fifth District Councilor Ricardo “Boy” Isip, Jr., the principal author of the yet unnumbered draft ordinance, said the proposed law has been approved during the first reading last week of August before the council went on recess. A series of public hearings have started on Oct. 6, 2017.

Isip’s curfew legislation bans minors below 18 years old to wander or loiter in the streets and public places during nighttime – from 10 p.m. to 4 a.m. – but its provisions are more “relaxed” and “child-friendly,” he said.

“For one, we took out the provision that penalizes the offending minor, including putting them to jail. This time, we will hold their parents or guardians responsible, not them,” said Isip.

“Our aim here is [to] ensure the welfare of our youth, their development, protection from criminality,” he added.

Under Isip’s bill, minors who are apprehended for curfew violations for the first time will be “surrendered” to the nearest barangay hall, police station, or to the government social welfare center.

The minor’s parents or guardians will then be immediately summoned and made to sign a notarized undertaking promising that their child or ward would not again violate curfew hours. Both offending minor and parent will then be released within the night.

For the second offense, the parent or guardian of the apprehended minor will be fined 11,000 and/or a 48-hour community service.

As for the third offense, a fine of 13,000 and/or 72-hour community service will be imposed.

For the fourth and succeeding offenses, a fine of 15,000 and/or six-month imprisonment and one-day seminar on responsible parenting.

Isip, however, said there are exemptions such as when the minor is accompanied by a parent, adult, or guardian; and the minor works in nightshift or enrolled in night classes, or engaged in educational, religious, or any other form of official activities.

Also exempted from the curfew law are minors who were sent on an errand at night like to buy medicines, to fetch physicians, midwives or other medical professionals, or to call police or barangay security personnel during emergencies.