Cebu City urged to review anti-mendicancy ordinance

CEBU, Philippines — The Commission on Human Rights (CHR) has urged the Cebu City Council to revisit and amend the city’s Anti-Mendicancy Ordinance, warning that provisions penalizing beggars and almsgivers may run contrary to national laws and human rights standards.

In a letter dated May 18, 2026, addressed to Councilor Pastor Alcover Jr., chairman of the City Council Committee on Senior Citizens, the CHR reiterated its earlier position that mendicancy should be addressed through rehabilitation and social intervention rather than punitive measures.

The Commission stressed that begging is often rooted in poverty, homelessness and lack of economic opportunities, requiring a comprehensive and rights-based response.

“Mendicancy in the Philippines is a very complex and multi-faceted issue that requires the adoption of a multi-pronged strategy for its resolution,” the CHR said in a submission to the United Nations Special Rapporteur on Extreme Poverty and Human Rights.

The agency warned that ordinances imposing penalties on mendicants and individuals who give them assistance could further marginalize vulnerable sectors and infringe on their fundamental rights. The CHR cited several incidents that raised concerns over the ordinance’s implementation.

Among them was the case of Darwin Bitel Senabre, a homeless man from Samal Island, Davao, who was apprehended by the Cebu City Anti-Mendicancy Office (CCAMO) on April 20 and detained at Police Station 2 in Barangay Abellana for allegedly violating the city’s prohibition on soliciting cash or goods in public places.

The Commission said Senabre later sought assistance after claiming he was not informed of the reason for his arrest and detention. His case has since been endorsed to the Public Attorney’s Office.

The CHR also pointed to the widely publicized arrest of 68-year-old street performer Ireneo Selma Vidal, who was allegedly assaulted during his apprehension earlier this month. The incident prompted questions about due process, possible maltreatment, and the authority of CCAMO personnel to effect arrests.

The Commission further noted that some provisions of the ordinance appear inconsistent with existing national laws.

Under Republic Act 9344, as amended by Republic Act 10630, children are exempt from criminal liability for status offenses, including mendicancy. Instead of penalties, the law requires intervention programs such as counseling, group activities and parenting seminars.

The CHR likewise cited the Mental Health Act, which guarantees humane treatment, informed consent and rehabilitation for individuals with mental health conditions. It warned that vague classifications, such as “psychotic vagrants,” could lead to violations of these safeguards. Vagrancy itself was decriminalized in 2012 through Republic Act 10158.

To address these concerns, the CHR recommended that Cebu City align its ordinances with child protection and mental health laws, establish clear protocols for rescue operations, strengthen coordination with government agencies, and provide post-rescue support to prevent individuals from returning to the streets.

“Before the CCAMO even worries about the legal character of their actions, this Office strongly urges a reexamination of the ordinances from which the authority of the actions of the CCAMO and the CCAMB come from,” the Commission said.

CHR Regional Director Arvin Odron underscored that begging is a symptom of deeper social and economic problems.

“Nobody dreamt of begging in the streets,” Odron said, noting that many resort to mendicancy because of extreme poverty, homelessness and limited opportunities.

The Commission reiterated its call for Cebu City to adopt a rights-based approach focused on rehabilitation, social inclusion and human dignity.

The City Council has scheduled a joint committee hearing on May 26 to review the ordinance and its enforcement. Officials from CCAMO, the Anti-Mendicancy Board, the police and barangays have been invited to discuss possible reforms and harmonize the ordinance with other local measures, including the city’s unimplemented Buskers’ Ordinance.

The CHR also plans to conduct a community dialogue on anti-mendicancy policies in Cebu City to encourage broader discussions on balancing public order with the protection of human rights.