Following the Supreme Court’s decision striking down its curfew ordinance for being unconstitutional, the city government of Manila will introduce a new regulation that will be more lenient and less restrictive to minors, Mayor Joseph Estrada said on Thursday.
Estrada said the new draft curfew ordinance 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: Protect them from crimes at 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,” he said.
Estrada has asked the City Council to prioritize the passage of the proposed ordinance but reminded the councilors to hear the people’s views first and change some of the provisions if necessary before they pass it for implementation.
Councilor Ricardo “Boy” Isip Jr. of the 5th District, the principal author of the draft ordinance, said the proposed law has been approved during the first reading on last week of August before the council went on recess and is now set for a series of public hearings starting this Friday, Oct. 6.
Isip’s curfew legislation bans minors below 18 years old to wander or loiter in streets and public places during nighttime, from 10 p.m. to 4 a.m.
But unlike the old City Ordinance No. 8046 passed in 2002 during the incumbency of then mayor Lito Atienza, the provisions of the new curfew ordinance are more “relaxed” and “child-friendly,” according to Isip.
“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,” Isip pointed out.
“Our aim here is ensure the welfare of our youth, ‘yung kanilang development, protection from criminality,” he added.
In the wake of the recent killings of teenagers, Isip lamented that it is always the government that gets the blame if minors get victimized by crimes in the streets.
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 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 P1,000 and/or a 48-hour community service.
As for the third offense, a fine of P3,000 and/or 72-hour community service will be imposed; and P5,000 fine and/or six-month imprisonment and one-day seminar on responsible parenting for the fourth and succeeding offenses.
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.
Moreover, 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.
“If there are official government functions such as barangay fiesta, the minor will also not be apprehended,” Isip added.
In a recent deliberation, SC has allowed curfew for minors in Quezon City but nullified those in Manila and Navotas which it found to be unconstitutional.
The high court agreed with the argument of the petitioner, the Samahan ng Progresibong Kabataan (SPARK), that City Ordinance No. 8046 of Manila and Pambansang Ordinansa Blg. 2002-13 issued by Navotas violated the provisions of the Juvenile Justice and Welfare Act.
Estrada had said the city government will comply with the ruling of the SC.
“Supreme Court is the highest court of the land so we have… to just follow whatever is their decision,” Estrada said.