SC urged to stop curfew in 3 cities

MANILA, Philippines – The Samahan ng Progresibong Kabataan (SPARK) yesterday asked the Supreme Court (SC) to either stop the city governments of Manila, Quezon and Navotas from implementing their curfew ordinances or declare the ordinances as unconstitutional.

The members of SPARK, represented by lawyer Jesus Falcis III, filed a 35-page petition for certiorari and prohibition, with an urgent appeal for a TRO to be issued against Mayors Herbert Bautista of Quezon City, Joseph Estrada of Manila and John Rey Tiangco of Navotas.

The city council of Navotas passed its curfew ordinance in 1999, that of Manila in 2002 and Quezon City in 2014.

SPARK said the implementation of these curfew ordinances violated Republic Act 9344, the juvenile justice law, and were unconstitutional because they were vague and violated due process.

“The implementation of a curfew also takes away the right of parents to impose their own curfew later than the local government’s or to not impose a curfew at all on their children,” the group also said in their petition.

Clarisse Joy Villegas, one of the petitioners, said she studies at the Pamantasan ng Lungsod ng Maynila and goes home to Barangay Commonwealth, Quezon City. She is worried that she would be accosted since Manila and Quezon City have started strictly enforcing their curfew ordinances.

Another petitioner, Ronel Baccutan, said he was already of legal age on Oct. 16, 2015 when he was practicing a dance with his friends in Barangay North Bay Boulevard in Navotas City when a white van stopped beside them and 10 barangay watchmen alighted from the vehicle.

Bacutan said the watchmen told them they were violating the curfew ordinance and allegedly threatened to plant knives and drugs on them unless they did 200 squats.

When they were only able to complete 50 squats, they were taken to the barangay hall and subjected to a medical examination. It was only after an aunt of one of Bacutan’s friends came to the barangay hall that they were released.

SPARK spokesperson Joanne Lim said they filed the petition on behalf of the youth who have “the right to be contributing members of society without being threatened by undue punishment and possible instances of overreaching from authorities like the police.”

“We are also crying foul on the unjust detention of the youth’s parents if their children are apprehended during curfew hours,” she added.

The group pointed out that one of the campaign promises made by President Duterte was to implement a nationwide curfew for minors. When he won the polls several local governments in Metro Manila, through their police, began strictly implementing their curfew ordinances and said it was part of “Oplan Rody.”