Supreme Court of the Philippines in Manila (File photo by RICHARD A. REYES / Philippine Daily Inquirer)
The Samahan ng Progresibong Kabataan (Spark), an activist group, filed a motion for partial reconsideration on Friday at the Supreme Court against what it called an “unconstitutional” Quezon City curfew ordinance.
On Aug. 8, the court partially granted Spark’s petition for certiorari and prohibition and declared that the curfew ordinances of the cities of Manila and Navotas unconstitutional.
But it upheld the legality of Quezon City Ordinance No. SP 2301- 2014, “Discipline Hours for Minors,” which imposes a curfew from 10 p.m. to 4 a.m. on those aged below 18.
The group sought the reversal of the ruling “for failing to pass a strict scrutiny test” and estimated that some of their arguments might have been “overlooked and misappreciated” by the high court.
It said that in their en banc decision the justices might accidentally created an exemption that was not in the original text of the ordinance.
“The SC might have overlooked that they created an exemption – implied parental permission – that could not be found in the ordinance,” Jesus Falcis III, Spark legal counsel, said in a statement. “That is judicial legislation. The local legislative council should amend the ordinance themselves.”
Spark said the Quezon City ordinance, closely similar to those of Manila and Navotas, would encourage “arbitrary and discriminatory enforcement and infringes on the constitutional rights of minors and parents alike.”
“Our decision to seek reconsideration from the high court could not be more timelier as civil liberties are threatened and rights advocates slandered, worse, law-abiding minors are wantonly being targetted by police forces,” Joanne Lim, Spark spokesperson, said.
“Curfews and other draconian measures of this administration will only promote abuse and impunity,” Lim added. “The youth must not falter as the dark clouds of tyranny hover above us.”
/atm