Ordinances on curfews enforceable if no penalties are prescribed — Guevarra

MANILA, Philippines – City ordinances on curfews are immediately enforceable if there are no prescribed penalties for violators, Justice Secretary Menardo Guevarra said on Sunday.

Several cities have crafted their respective policies with regards to the implementation of a curfew in response to the coronavirus disease (COVID-19) outbreak.

Guevarra however clarified that if there are specific penalties for violating the curfew set by the city council, then it has to be published first — although he believes that a shorter timetable is reasonable.

“If there’s a penalty for violation, the ordinance must be published. Considering the nature of the emergency, it is my opinion that the ordinance may provide for a shorter but reasonable period after publication,” he told reporters in a message.

“But if no penalty is imposed for violation of the curfew, the ordinance may take effect immediately upon publication,” he added.

According to Guevarra, local government units which have existing ordinances about imposing curfews during a state of emergency can easily implement it, but a proclamation or an ordinance is highly encouraged if a city has none.

“It is well and good if an ordinance already exists authorizing the imposition of curfews whenever a state of emergency arises,” he said.

“But if there are no existing ordinances at a time when a curfew is deemed highly necessary in the locality, it is my view that the local chief executive has the power to issue a proclamation or any other form of executive issuance, declaring a state of emergency or calamity in the territory and imposing appropriate measures including curfews during the exigency, provided there is publication or due notice to his/her constituents,” he added.

As of Sunday afternoon, several Metro Manila cities like Manila and Makati have expressed their intent to place a curfew, days after President Rodrigo Duterte himself placed the National Capital Region under a community quarantine status.

This was due to the rising number of COVID-19 cases in the area.  Currently, the Department of Health said that there are 140 cases nationwide, with 11 persons dying from the current coronavirus strain.

However, Malacañang officials said that Duterte has yet to consider a Metro-wide curfew.

Earlier, health, police, and military officials have started manning checkpoints in various entry and exit points of Metro Manila, to limit movement in and out of the region.  Police officials said that the measures are expected to be more stringent in the coming days.

COVID-19 is a respiratory disease caused by the novel coronavirus that first emerged in China’s city of Wuhan in Hubei province in late 2019.

The International Committee on Taxonomy of Viruses named the novel coronavirus as SARS-CoV-2.

Coronavirus is a family of viruses, which surfaces have a crown-like appearance. The viruses are named for the spikes on their surfaces.

Worldwide, there are over 152,000 persons infected and 5,801 individuals already dead — the bulk of which came from China.

EDV