Republic of the Philippines

Provincial Government of Palawan

PROVINCIAL LEGAL OFFICE
3F RVM, Jr. Memorial Building, Capitol Complex
Puerto Princesa City

2nd ENDORSEMENT
PLO No. SP 2018-150
September 7, 2018

Respectfully returned to CHONA S. CARLOS, Board Secretary V, Committee Supervisor,

Office of the Sangguniang Panlalawigan, the herein Ordinance No. 2018-011 of the Municipality
of Rizal, Palawan entitled, “AN ORDINANCE IMPOSING CURFEW HOURS FOR
PERSONS BELOW EIGHTEEN (18) YEARS OLD WITHIN THE TERRITORIAL
JURISDICTION OF THE MUNICIPALITY FROM ELEVEN O’ CLOCK IN THE
EVENING (11:00 PM) TO FOUR O’ CLOCK IN THE MORNING (4:00 AM),
PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF AND APPROPRIATING
FUNDS THEREFOR AND FOR OTHER PURPOSES”, with the following
comments/opinions, to wit:

In the recent case of Samahan ng mga Progresibong Kabataan (SPARK) versus Quezon City, et
al., G.R. No. 225442, August 8, 2017, the Supreme Court (SC) upheld the constitutionality of the
Quezon City Ordinance No. SP-2301, s. 2014 entitled, AN ORDINANCE SETTING FOR
DISCIPLINARY HOURS IN QUEZON CITY FOR MINORS FROM 10:00 PM TO 5:00 AM,
PROVIDING PENALTIES FOR PARENT/GUARDIAN, FOR VIOLATION THEREOF AND
FOR OTHER PURPOSES. In its decision, the said Ordinance passed the strict scrutiny test and
ruled, viz.:
“In sum, while the Court finds that all three curfew ordinances have passed the first prong of the strict scrutiny test --- that
is, that the State has sufficiently shown a compelling interest to promote juvenile safety and prevent juvenile crime in the
concerned localities, only the Quezon City Ordinance has passed the second prong of the strict scrutiny test, as it is the
only issuance out of the three which provides for the least restrictive means to achieve this interest. In particular, the
Quezon City Ordinance provides for adequate exceptions that enable minors to freely exercise their fundamental rights
during the prescribed curfew hours, and therefore, narrowly drawn to achieve the State’s purpose. Section 4 (a) of the said
ordinance, i.e., “[t]hose accompanied by their parents or guardian”, has also been construed to include parental permission
as a constructive form of accompaniment and hence, an allowable exception to the curfew measure; the manner of
enforcement; however, is left to the discretion of the local government unit.

In fine, the Manila and Navotas Ordinances are declared unconstitutional and thus, null and void, while the Quezon City
Ordinance is declared as constitutional and thus valid in accordance with this decision.

For another, the court determined that Manila ordinance’s penal provisions imposing reprimand and
fines/imprisonment on minors conflict with Section 57-A of RA 9344, as amended, hence, following the rule that
ordinances should always conform with the law, these provisions must be struck down as invalid.”

Section 57-A of Republic Act No. 9344 as amended, otherwise known as the "Juvenile Justice
and Welfare Act of 2006", provides, viz.:

“Section 11. Section 57 of Republic Act No. 9344 is hereby amended to read as follows:

"SEC. 57-A. Violations of Local Ordinances. – Ordinances enacted by local governments concerning juvenile
status offenses such as, but not limited to, curfew violations, truancy, parental disobedience, anti-smoking and
anti-drinking laws, as well as light offenses and misdemeanors against public order or safety such as, but not
limited to, disorderly conduct, public scandal, harassment, drunkenness, public intoxication, criminal nuisance,
vandalism, gambling, mendicancy, littering, public urination, and trespassing, shall be for the protection of
children. No penalty shall be imposed on children for said violations, and they shall instead be brought to
their residence or to any barangay official at the barangay hall to be released to the custody of their
parents. Appropriate intervention programs shall be provided for in such ordinances. The child shall also
be recorded as a ‘child at risk’ and not as a ‘child in conflict with the law’. The ordinance shall also
provide for intervention programs, such as counseling, attendance in group activities for children, and
for the parents, attendance in parenting education seminars."

The Local Government Code affords authority to the Sangguniang Bayans to enact curfew hours
within their respective jurisdictions in line with the related provisions of the LGC, to wit:
“Section 447. Powers, Duties, Functions and Compensation. –

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 a) The sangguniang bayan, as the legislative body of the municipality, shall enact ordinances, approve resolutions and
appropriate funds for the general welfare of the municipality and its inhabitants pursuant to Section 16 of this Code and in
the proper exercise of the corporate powers of the municipality as provided for under Section 22 of this Code, and shall:

(1) Approve ordinances and pass resolutions necessary for an efficient and effective municipal government, and in this
connection shall:

(ii) Maintain peace and order by enacting measures to prevent and suppress lawlessness, disorder, riot, violence,
rebellion or sedition and impose penalties for the violation of said ordinances;

(iii) Approve ordinances imposing a fine not exceeding Two thousand five hundred pesos (P2,500.00) or an
imprisonment for a period not exceeding six (6) months, or both in the discretion of the court, for the violation of a
municipal ordinance;

(v) Enact ordinances intended to prevent, suppress and impose appropriate penalties for habitual drunkenness in
public places, vagrancy, mendicancy, prostitution, establishment and maintenance of houses of ill repute, gambling
and other prohibited games of chance, fraudulent devices and ways to obtain money or property, drug addiction,
maintenance of drug dens, drug pushing, juvenile delinquency, the printing, distribution or exhibition of obscene or
pornographic materials or publications, and such other activities inimical to the welfare and morals of the
inhabitants of the municipality.

(5) Approve ordinances which shall ensure the efficient and effective delivery of the basic services and
facilities as provided for under Section 17 of this Code, and in addition to said services and facilities, shall:

(xiv) Provide for the care of paupers, the aged, the sick, persons of unsound mind, disabled persons, abandoned
minors, juvenile delinquents, drug dependents, abused children and other needy and disadvantaged persons,
particularly children and youth below eighteen (18) years of age and, subject to availability of funds, establish and
provide for the operation of centers and facilities for said needy and disadvantaged persons.”

Based from the foregoing, the subject ordinance appears to be valid and within the power of its
Sangguniang Bayan to enact, but subject to posting and publication as required by Section 511
(a) of the LGC which provides,
“Section 511. Posting and Publication of Ordinances with Penal Sanctions.

(a) Ordinances with penal sanctions shall be posted at prominent places in the provincial capitol, city, municipal or
barangay hall, as the case may be, for a minimum period of three (3) consecutive weeks. Such ordinances shall also
be published in a newspaper of general circulation, where available, within the territorial jurisdiction of the local
government unit concerned, except in the case of barangay ordinances. Unless otherwise provided therein, said
ordinances shall take effect on the day following its publication, or at the end of the period of posting, whichever
occurs later.”

Further, a proposed bill (House Bill No. 2332) to impose curfew on minors is pending for its
approval.

Respectfully submitted.

FOR AND BY THE AUTHORITY OF THE

PROVINCIAL LEGAL OFFICER

ATTY. MAE JOYCE MAGBANUA-ANJALIN

Attorney IV

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