SC upholds Quezon City curfew on minors

MANILA, Philippines - The Supreme Court (SC) yesterday upheld the legality of a Quezon City ordinance imposing curfew on minors.

The high court struck down similar ordinances by Manila and Navotas in ruling on a petition filed by youth group Samahan ng Progresibong Kabataan (Spark) in July last year.

According to an insider, the SC ruled that the Quezon City government’s Ordinance No. SP 2301- 2014 is constitutional. 

On the other hand, the assailed ordinances of the city governments of Manila and Navotas were declared unconstitutional for their failure to provide the least restrictive means to address the compelling state interest they seek to further. 

The SC cited the penal provisions in the Manila ordinance imposing reprimands, fines and imprisonment on minors, which are in conflict with Section 57-A of Republic Act 9344 or the Juvenile Justice and Welfare Act.

The high court agreed with the petitioner that Manila’s curfew ordinance violates RA 9344 by seeking to punish violators even as RA 9344 prohibits the imposition of curfews except if it is meant to protect a child or minor.

In ruling on the case, the SC lifted the temporary restraining order it issued against the three ordinances in July last year.

In its petition, Spark said the curfew ordinances should be declared unconstitutional as these were vague, unjust and repressive, and promote arbitrary and discriminatory enforcement.

“The ordinances impair the legitimate activities of minors during curfew hours,” the group said in a petition filed through their lawyer, Jesus Falcis III.

The group said the ordinances violate the right of minors to liberty and travel.

“The curfew deprives parents of the natural and primary right in the rearing their children,” it said.