SC issues TRO on curfew ordinances of QC, Manila, Navotas

MANILA, Philippines – The Supreme Court en banc on Tuesday afternoon temporarily halted the implementation of curfew ordinances implemented by cities of Quezon, Manila and Navotas to minors.

The high court issued temporary restraining orders on the curfew rules of the three cities in response to a petition by youth group Samahan ng Progresibong Kabataan, or SPARK, which called the curfew ordinances unconstitutional. The court also asked the local governments to comment on the petition.

En Banc Action, Jul 26,'16 | GR 225442 (SPARK v. QC,Navotas, and Manila), the SC TROs three “curfew ordinances” until further orders.

— SC PIO (Official) (@SCPh_PIO) July 26, 2016

According to a report from The STAR, an SC magistrate explained that the imposition of detention or restraint on minors in curfew ordinances “may be illegal.”

On Friday, SPARK filed a petition for certiorari and prohibition before the SC against what it called an abuse of power by local government units. The group said that youth and children and in some cases their parents have fallen victim to arbitrary and discriminatory enforcement.

The group said in a press release last week that "the ordinances likewise impair legitimate activities during curfew hours and deprives the parents their primary right in the rearing of their children among others." 

The petitioners singled out the Manila ordinance being counter to Republic Act No. 9344 or the Juvenile Justice and Welfare Act. Under the constitution, curfew violations are considered status offenses, which penalize children but not adults.

Meanwhile, the Quezon City Government welcomed the TRO issued by the Supreme Court

“It is best that the SC look into constitutionality of the city ordinance for the city government's guidance,” Quezon City Mayor Herbert Bautista said. —With a report from Edu Punay

RELATED: Youth group to ask SC to strike down ‘unconstitutional’ curfew ordinances