REPUBLIC OF THE PHILIPPINES

CITY OF MANILA
BARANGAY 93, ZONE 8, DISTRICT 1 OF MANILA

OFFICE OF THE SANGGUNIANG BARANGAY

Barangay Ordinance No. 2018-001

Series of 2018

“AN ORDINANCE ENACTING A ‘CURFEW HOUR’ FOR BARANGAY 93, ZONE 8, DISTRICT 1
OF MANILA.”

Sponsored by: THE PEACE AND ORDER COMMITTEE

Authored by: Barangay Councilor Janine A. Garcia, J.D.
Co-authored by: S.K. Councilors Jetro Jaworski V. Javier & Charlvin C. Estrella

WHEREAS, the Barangay 93, Zone 8, District 1 of Manila is committed to observe the
principle of General Welfare of its constituents as enunciated under Section 16 of the Local
Government Code (“R.A. 7160” or “LGC” for brevity) which states that:

“Section 16. General Welfare. – Every local government unit shall exercise
the powers expressly granted, those necessarily implied therefrom, as well
as powers necessary, appropriate, or incidental for its efficient and effective
governance, and those which are essential to the promotion of the general
welfare. Within their respective territorial jurisdictions, local government
units shall ensure and support, among other things . . . promote health and
safety, enhance the right of the people to a balanced ecology, maintain
peace and order, and preserve the comfort and convenience of their
inhabitants.” [underscoring supplied.]

WHEREAS, it is the responsibility of the Peace and Order Committee to effectively and
efficiently implement ordinance which will enhance the peace and order in our Barangay;

WHEREAS, Barangay 93, Zone 8, District 1 of Manila is mandated under Article X,

Sections 2 of the 1987 Philippine Constitution ( “CONSTITUTION” for brevity) and
Section 2 (a) of the LGC which states the following:

Article X, Sections 2 of the Constitution

“Section 2. The territorial and political subdivisions shall enjoy local

autonomy.”

Section 2 (a) of the LGC

“Section 2. Declaration of Policy. - (a) It is hereby declared the policy of the

State that the territorial and political subdivisions of the State shall enjoy
genuine and meaningful local autonomy to enable them to attain
their fullest development as self-reliant communities and make them
more effective partners in the attainment of national goals. Toward
this end, the State shall provide for a more responsive and accountable
local government structure instituted through a system of decentralization
whereby local government units shall be given more powers, authority,
responsibilities, and resources. The process of decentralization shall
proceed from the national government to the local government units.”
Ordinance No. 2018-001
Series of 2018
Barangay 93, Zone 8
District 1 of Manila
………………………………………………Page 2 of 7

NOW THEREFORE, on motion of BARANGAY COUNCILOR JANINE A. GARCIA, J.D. duly

seconded by SANGGUNIANG KABATAAN CHAIRMAN RYAN JOY J. TAN,

BE IT ORDAINED BY THE SANGGUNIANG BARANGAY OF BARANGAY 93, ZONE 8, DISTRICT

1 OF MANILA ON ITS REGULAR SESSION ASSEMBLED:

ARTICLE I – TITLE

SECTION 1. Title. This Ordinance shall be known as “An Ordinance on the ’CURFEW HOUR’
of Barangay 93, Zone 8, District 1 of Manila”

ARTICLE II – COVERAGE

SECTION 2. Coverage. This Ordinance shall apply to ALL PERSONS within the territorial
jurisdictions of Barangay 93, Zone 8, District 1 of Manila, provided that those persons who
are from other jurisdiction shall be turned over with their respective barangays or other
competent authorities for proper apprehensions and sanctions.

ARTICLE III – GENERAL PROVISIONS

SECTION 3. Legal Basis. This Ordinance is enacted to implement the provisions of

SECTION 2 of the 1991 LOCAL GOVERNMENT CODE (“LGC” for brevity), the Civil Code on
Public Nuisance (“CC” for brevity) , the Revised Penal Code (“RPC” for brevity) on Alarms
and Scandals, Juvenile Justice Welfare Act of 2006 (“JJWA” for brevity), Child and Youth
Welfare Code (“CAYWC” for brevity) and the Article X, Section 2 of the 1987 Philippine
Constitution (“CONSTITUTION” for brevity) on local autonomy.

SECTION 4. Purpose. This Ordinance is enacted for the following purposes:

4.1 To maintain PEACE AND ORDER within our Barangay;

4.2 To prevent the rising number of minors being shot to death due to suspicious and
unnecessary late-night activities;

4.3 To promote and protect the peace, order and safety of the general welfare of the
inhabitants of the Barangay;

4.4 To prevent suspicious and unnecessary nocturnal activities;

4.5 To exert all efforts in promoting the welfare of the youth for a more useful and happy
life; and

4.6 To maintain peace within our jurisdictions due to charivari or other disorderly
activities that will be prejudicial to the public tranquillity.

SECTION 5. Goal. The primary goal of this Ordinance is to develop peace and order within
our Barangay.

SECTION 6. Objectives. The objectives of this Ordinance are the following:

6.1 To ensure the maintenance of peace, order and safety in our Barangay;

6.2 To eradicate crime rates at night;

6.3 To mold the character of every child at home as declared under the provisions of
Child and Youth Welfare Code; and
Ordinance No. 2018-001
Series of 2018
Barangay 93, Zone 8
District 1 of Manila
………………………………………………Page 3 of 7

6.4 To prevent activities which are prejudicial acts to the public tranquillity,
especially at night.

ARTICLE IV – DEFINITION OF TERMS

SECTION 7. Definition of Terms. As used in this Ordinance, the following term has its
meaning as follows:

7.1 COMMITTEE – shall be known as the “PEACE & ORDER COMMITTEE” in connection to
this ordinance;

7.2 CURFEW – a law, regulation or ordinance which provides a period where certain rule
applies as defined in the BLACK’S LAW DICTIONARY;

7.3 CHARIVARI – “making noise” or late night as defined under the RPC;

7.4 NOCTURNAL ACTIVITY – late night activities or activities done only during night time;

7.5 CHILD, MINOR or YOUTH – shall be persons below eighteen (18) years of age except
those emancipated in accordance with law.

7.6 ALARMS AND SCANDALS – The word “Alarms” are acts which frighten or scare people,
causes them to panic or to become nervous and tense. The word “Scandal” has no reference
to acts of indecency or affecting public morals which are properly the subject of Grave
Scandal. Under Article 155 of the RPC, These are offenses which must be caused in public
places or must affect public peace and tranquillity but the disturbances are only of minor
degree, or not as serious or tumultuous.

7.7 PUBLIC NUISANCE – As defined under the Civil Code, a public nuisance affects a
community or neighbourhood or any considerable number of persons, although the extent
of the annoyance, danger or damage upon individuals may be unequal.

7.8 EMANCIPATED INDIVIDUAL – Those who are eighteen (18) years of age and above.

ARTICLE V – CURFEW HOUR FOR MINORS

SECTION 8. Mandatory Curfew Hour for Minors. The Curfew hour for minors is separated
in this matter:

8.1 Minors are prohibited from staying, loafing or loitering outside their homes within the
jurisdiction of our Barangay from 8:00 P.M. to 4:00 A.M. from Mondays to Thursdays; and
10: 00 P.M. to 4:00 A.M from Fridays to Sundays, respectively. Except those provided for in
the next succeeding provisions.

8.2 Minors are prohibited from staying, loafing or loitering outside their homes within the
jurisdiction of our Barangay from 10: 00 P.M. to 4:00 A.M. during Summer breaks,
Christmas breaks and the like. In case of exemptions the next succeeding section will also
be applied herein.

SECTION 9. EXEMPTIONS FOR MINORS. The following shall be exempted from being
apprehended hereto, to wit:

9.1 Those who are accompanied by their parent/s, guardians or any person related to
him/her up to the fourth civil degree of consanguinity or affinity, and who are above
eighteen (18) years of age;

9.2 Those who are on their way to or from school or school activity wherein their
attendance is required or indispensable, provided that he/she will show his/her
Identification Card with schedules, proof of schedule, or any proof that will show his/her
participation with said activity;
Ordinance No. 2018-001
Series of 2018
Barangay 93, Zone 8
District 1 of Manila
………………………………………………Page 4 of 7

9.3 Those who participate in activities sponsored or permitted by the city, barangay, school
or other civic or religious group, like Simbang Gabi o Misa De Gallo;

9.4 Those customary activities, like Christmas, New Year, Maundy Thursday, Good Friday,
and the like;

9.5 Those who are still in Vacation breaks due to late opening of classes in their respective
schools, provided said minor will prove that he/she is enrolled in an institution that has a
late opening of classes; and

9.6 Any other activities where said Minor will give proof of his/her indispensable
participation or valid reason for being caught during Curfew Hour.

ARTICLE VI – CURFEW HOUR FOR AN EMANCIPATED INDIVIDUAL

SECTION 10. Mandatory Curfew Hour for EMANCIPATED INDIVIDUALS. The Curfew hour
for emancipated individuals is likewise separated in this matter:

10.1 Emancipated Individuals are prohibited from staying, loafing or loitering outside their
homes within the jurisdiction of our Barangay 10:00 P.M. to 4:00 A.M. from Mondays to
Sundays. Except those provided for in the next succeeding provisions.

SECTION 11. EXEMPTIONS FOR EMANCIPATED INDIVIDUALS. The following shall be

exempted from being apprehended hereto, to wit:

11.1 Those who will come home late from work, provided he/she will show his/her
Identification Card;

11.2 Those who are on their way to or from school or school activity wherein their
attendance is required or indispensable, provided that he/she will show his/her
Identification Card with schedules, proof of schedule, or any proof that will show his/her
participation with said activity;

11.3 Those who participate in activities sponsored or permitted by the city, barangay,
school or other civic or religious group, like Simbang Gabi or Misa De Gallo;

11.4 Those customary activities, like Christmas, New Year, Maundy Thursday, Good Friday,
and the like;

11.5 Those who are still in Vacation breaks due to late opening of classes in their respective
schools, provided said emancipated individual will prove that he/she is enrolled in an
institution that has a late opening of classes; and

11.6 Any other activities where said emancipated individual will give proof of his/her
indispensable participation or valid reason for being caught during Curfew Hour.

ARTICLE VII – CURFEW HOUR FOR OTHER UNNECESSARY NOCTURNAL ACTIVITIES

SECTION 12. Curfew Hour for other unnecessary NOCTURNAL ACTIVITIES.

The following acts are prohibited to be done during said Curfew Hour of
10:00 P.M. to 4:00 A.M, viz:

12.1 Operation of PISONETS or computer shops;

12.2 Loud Karaokes;

12.3 Drinking Spree outside one’s home, or even those inside which will be prejudicial to
public tranquillity especially at night;
Ordinance No. 2018-001
Series of 2018
Barangay 93, Zone 8
District 1 of Manila
………………………………………………Page 5 of 7

12.4 Charivari, deafening chitchats, and other unnecessary nocturnal activities that will
cause Alarms and Scandals as enunciated under the Revised Penal Code or prejudicial to
public tranquillity at night.

ARTICLE VIII – SANCTIONS

SECTION 13. Sanctions. The following penalties shall be imposed to any person who
violates specific provisions of this ordinance. He/she shall be issued with a NOTICE OF
VIOLATION by the OFFICER OF THE DAY and be recorded in the RECORD BOOK designated
for VIOLATION of this ordinance, to wit:

13.1 SANCTION FOR VIOLATION OF CURFEW HOUR MINORS,

The measure to be used herein is the one prescribed under the Juvenile Justice
Welfare Act of 2006, viz:

13.1.1 First time violators: will be brought to the Barangay hall and their parent/s,
guardians or any person related to him/her up to the fourth civil degree of consanguinity
or affinity, and who are above eighteen (18) years of age will be summoned for the release
of the said minor;

13.1.2 Second time violators: will be brought to the Barangay hall, their parent/s,
guardians or any person related to him/her up to the fourth civil degree of consanguinity
or affinity, and who are above eighteen (18) years of age will be summoned for their
release and will render a community service for 120 hours from the release of the said
minor; and

13.1.3 Third time violators: will be brought to the Barangay, then to be turned over
to the nearest Department of Social Welfare and Development (“DSWD” for brevity) Desk
or any other competent and proper authorities and their parent/s, guardians or any person
related to him/her up to the fourth civil degree of consanguinity or affinity, and who are
above eighteen (18) years of age will be summoned by said agencies for the release of the
said minor.

13.1.4. HABITUAL MINOR VIOLATOR will be turned over to the City Social Services
Development Department (“SSDD” for brevity) or other proper agencies for proper
counselling.

13.2 SANCTION FOR VIOLATION OF CURFEW HOUR FOR EMANCIPATED INDIVIDUALS,

The sanctions for violation of Curfew hour for emancipated individuals, to wit:

13.2.1 First time violators: will be brought to the Barangay hall, will receive a
NOTICE OF VIOLATION, will be detained for one (1) and half hour, and will render a
community service for 48 hours from his/her release;

13.2.2 Second time violators: will be brought to the Barangay hall, will receive a
NOTICE OF VIOLATION, will be detained for one (1) and half hour, will render a community
service for 120 hours from his/her release; and

13.2.3 Third time violators: will be brought to the Barangay, will render a
community service for 200 hours from his/her release then to be turned over to the
POLICE STATION (“POLICE” for brevity) within our jurisdictions or any other competent
and proper authorities.

13.2.4. HABITUAL EMANCIPATED INDIVIDUAL VIOLATOR will be automatically

turned over the POLICE STATION (“POLICE” for brevity) within our jurisdictions or any
other competent and proper authorities.
Ordinance No. 2018-001
Series of 2018
Barangay 93, Zone 8
District 1 of Manila
………………………………………………Page 6 of 7

13.3 SANCTION FOR OTHER UNNECESSARY NOCTURNAL ACTIVITIES,

The sanctions for violation of Curfew hour for other unnecessary nocturnal
activities, to wit:

13.3.1 First time violators: will be brought to the Barangay hall and will receive a
NOTICE OF VIOLATION and will be detained for one (1) and half hour, and will render a
community service for 48 hours from his/her release;;

13.3.2 Second time violators: will be brought to the Barangay hall, will receive a
NOTICE OF VIOLATION, will be detained for one (1) and half hour, and , will render a
community service for 120 hours from his/her release; and

13.3.3 Third time violators and/or Habitual violators: will be brought to the
Barangay, then to be recorded in the blotter book for violation of this ordinance will render
a community service for 200 hours from his/her release then to be turned to the proper
authorities, as the case may be.

13.4 Save in cases of filing a proper civil, criminal, or administrative case if the violator is a
public official or public employee, as the case may be.

ARTICLE IX – Miscellaneous Provisions

SECTION 14. Citizen Suits. For purposes of enforcing the provisions of this Ordinance, any
citizen may file an appropriate civil or criminal action in the barangay against any person
who violates or fails to comply with the provisions of this Ordinance. The Barangay
concerned shall exempt such action from payment of filing fees.

SECTION 15. Separability Clause. If any provision of this Ordinance or the application of
such provision to any person or circumstances is declared unconstitutional, the remainder
of this Ordinance or the application of such provision to other persons or circumstances
shall not be affected by such declaration.

SECTION 16. Repealing Clause. All existing ordinances and resolutions of this barangay
found to be inconsistent herewith are hereby repealed or modified accordingly.

SECTION 17. Effectivity. This Ordinance in accordance with the provisions of the Local
Government Code of 1991.

ENACTED AND APPROVED by the Sangguniang Barangay of Barangay 93, Zone 8, District 1
of Manila this 21st of July 2018.

APPROVED BY:

HON. LUISITO B. CABRAL HON. EDGARDO NAVOA

BARANGAY COUNCILOR BARANGAY COUNCILOR

HON. TERESITA NUQUE HON. JANINE A. GARCIA, J.D.

BARANGAY COUNCILOR BARANGAY COUNCILOR
Ordinance No. 2018-001
Series of 2018
Barangay 93, Zone 8
District 1 of Manila
………………………………………………Page 7 of 7

HON. FROILAN LIM HON. RENANTE BAUTISTA

BARANGAY COUNCILOR BARANGAY COUNCILOR

HON. EDGARDO SAMONTE HON. RYAN JOY J. TAN

BARANGAY COUNCILOR S.K. CHAIRMAN

NOTED BY:

HON. REYNALDO P. TAN

BARANGAY CHAIRMAN

ATTESTED BY:

HON. JETRO JAWORSKI V. JAVIER

S.K. COUNCILOR

HON. CHARLVIN C. ESTRELLA

S.K. COUNCILOR

CERTIFIED BY:

Not valid and effective without seal

HON. LIBERTY A. GARCIA

BARANGAY SECRETARY