SC allows curfew in Quezon City, but not in Manila, Navotas

The Supreme Court (SC) has allowed curfew for minors in Quezon City.

During Tuesday’s deliberation, the high court only partially granted the petition filed by the group Samahan ng Progresibong Kabataan (SPARK). The group specifically wants the high court to declare as unconstitutional curfew ordinances from Manila, Quezon City, and Navotas.

The high court said Quezon City Ordinance No. SP 2301, Series of 2014 is constitutional. The said ordinance imposes curfew on minors from 10 p.m. to 5 a.m. The said ordinance stipulated that “the parent or guardian of the curfew violator will be penalized for allowing the minor to go out during this period, either ‘knowingly or by insufficient control.'”

READ: SC halts curfew ordinances in Manila, QC, Navotas

But the high court nullified Ordinance No. 8046 in Manila and Pambansang Ordinansa Blg. 2002-13 issued by Navotas.

The high court agreed with the petitioner that the Manila ordinance violated the provision of the Juvenile Justice and Welfare Act.

Under the Juvenile Justice and Welfare Act, curfew violations are considered as status offenses. Status offenses are offenses which discriminate only against a child, while an adult does not suffer any penalty for committing similar acts. These shall include curfew violations; truancy, parental disobedience and the like.

Navotas, on the other hand, failed to provide the least restrictive means to implement the curfew. IDL