MANILA - The Supreme Court (SC) has issued a temporary restraining order (TRO) that halts the implementation of the curfew ordinances for minors in the cities of Manila, Quezon and Navotas.
A petition was filed by the Samahan ng mga Progresibong Kabataan last Friday assailing the constitutionality of Manila City Ordinance No. 8046, Quezon City Ordinance No. SP-2301, and Navotas City Ordinance No. 2002-13.
The curfews in these cities begin at 10 pm and last up to 4 a.m. in Manila, Navotas and up to 5 a.m. in Quezon City.
The ordinances cite public peace and order and safety, and the welfare of minors as reasons for the curfew.
The petition cited the following grounds in assailing the constitutionality of the curfew ordinances:
- the Manila curfew ordinance is contrary to Republic Act (RA) No. 9344, also known as 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 for overbreadth by proscribing or impairing legitimate activities of minors during curfew hours;
- the curfew ordinances are unconstitutional because these deprive minors of the right to liberty and the right to travel without substantive due process; and,
- the curfew ordinances are unconstitutional because these deprive parents of the natural and primary right in the rearing of the youth without substantive due process.
The TRO will remain in effect during the pendency of the case, or until lifted by the high court.
The case was raffled to the chambers of Associate Justice Estela Perlas-Bernabe.