Youth group ask SC
to end 'unjust curfew policies'
Press Release
July 22, 2016
QUEZON CITY – A
newly-established political organization of students filed a formal
petition before the Supreme Court seeking to end the vague, unjust and
repressive municipal curfews directed at the youth.
Samahan ng Progresibong
Kabataan (SPARK) together with their legal counsel, Atty. Jesus Falcis
III, asked the high court to issue a certiorari and prohibition of the
implementation of the ordinances of the local government units of
Manila, Quezon City, and Navotas on the basis of its
unconstitutionality (as quoted from the SC petition):
• The Manila curfew
ordinance is ultra vires for being contrary to Republic Act No. 9344
or the Juvenile Justice and Welfare Act.
• The curfew ordinances are
unconstitutional under the doctrine of void for vagueness because it
results in arbitrary and discriminatory enforcement.
• The curfew ordinances are
unconstitutional because it suffers from overbreadth by proscribing or
impairing legitimate activities of minors during curfew hours.
• The curfew ordinances are
unconstitutional because it deprives minors of the right to liberty
and the right to travel without substantive due process.
• The curfew ordinances are
unconstitutional because it deprives parents of the natural and
primary right of parents in the rearing of the youth without
substantive due process.
"We are filing for and on
behalf of the all young citizens who also 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," said SPARK Spokesperson Joanne Lim.
"We are also crying foul on
the unjust detention of the youth's parents if their children are
apprehended during curfew hours," Lim added.
Lim was referring to Quezon
City Ordinance No. 2301 of 2014 implementing a curfew on minors from
10pm to 5am. The said ordinance stipulated that "the parent or
guardian of the curfew violator will be penalized for allowing the
minor to go out during this period, either 'knowingly or by
insufficient control.”
As penalty, the ordinance
decreed that "a minor found violating the curfew for the first time
will be referred to the nearest barangay hall or police station. The
parent or guardian will be fined P2,000 or be required to render
community service for 48 hours."
"As we have previously
mentioned, these ordinances are implemented without due consideration
of various important factors such as housing conditions of affected
areas, hardships encountered in transportation and the late shifts
experienced by affected students," Lim stated.
The petition recounts the
experience of Clarissa Villegas, a minor, also a student of Pamantasan
ng Lungsod ng Maynila whose classes end at nine in the evening and
travels daily from her school in Manila to her home at Quezon City for
almost two hours Villegas was almost apprehended once by authorities
while in the middle of her commute as she was apparently in violation
of the curfew policy.
Presumed to be engaging in
malicious activity, petitioner Leo delos Reyes and Ronnel Baccutan
were also approached by village watchmen when they were only on their
way home from school and engaging in legitimate activities.
"We cannot neglect the
rights of the citizens, most specially of the children and youth even
if this administration's primary concern is the pursuit of peace and
order," said legal counsel Atty. Jesus Falcis III. "That is why we are
requesting an immediate temporary restraining order for these
ordinances while the Supreme Court is deciding on its
constitutionality."
Download SPARK vs. curfew petition here