SAMAHAN NG MGA G.R. No.

225442
PROGRESIBONG KABATAAN
(SPARK), JOANNE ROSE
SACE LIM, JOHN ARVIN
NAVARRO BUENAAGUA,
RONEL BACCUTAN, MARK Present:
LEO DELOS REYES, and
CLARISSA JOYCE VILLEGAS, SERENO, C.J.,
minor, for herself and as CARPIO,
represented by her father, VELASCO, JR.,
JULIAN VILLEGAS, JR., LEONARDO-DE CASTRO,
Petitioners, PERALTA,
BERSAMIN,
DEL CASTILLO,
- versus -
MENDOZA,
PERLAS-BERNABE,
QUEZON CITY, as represented LEONEN,
by MAYOR HERBERT JARDELEZA,
BAUTISTA, CITY OF CAGUIOA,
MANILA, as represented by MARTIRES,
MAYOR JOSEPH ESTRADA, TIJAM, and
and NAVOTAS CITY, as ervzs, ie., zr.
represented by MAYOR JOHN
REY TIANGCO,
Promulgated:
Respondents.
August 8, 2017

DECISION

PERLAS-BERNABE, J.:

This petition for certiorari and prohibition 1 assails the

constitutionality of the curfew ordinances issued by the local governments of
Quezon City, Manila, and Navotas. The petition prays that a temporary

Or Samahan ng Progresibong Kabataan, rollo, p. 4.

Id. at 3-36.
Decision 2 G.R. No. 225442

restraining order (TRO) be issued ordering respondents Herbert Bautista,

Joseph Estrada, and John Rey Tiangco, as Mayors of their respective local
governments, to prohibit, refrain, and desist from implementing and
enforcing these issuances, pending resolution of this case, and eventually,
declare the City of Manilas ordinance as ultra vires for being contrary to
Republic Act No. (RA) 9344,2 or the Juvenile Justice and Welfare Act, as
amended, and all curfew ordinances as unconstitutional for violating the
constitutional right of minors to travel, as well as the right of parents to rear
their children.

The Facts

Following the campaign of President Rodrigo Roa Duterte to

implement a nationwide curfew for minors, several local governments in
Metro Manila started to strictly implement their curfew ordinances on
minors through police operations which were publicly known as part of
Oplan Rody.'

Among those local governments that implemented curfew ordinances

were respondents: a) Navotas City, through Pambayang Ordinansa Blg. 99-
02, 4 dated August 26, 1999, entitled Nagtatakda rig Curfew ng mga
Kabataan na Wala Pang Labing Walong (18) Taong Gulang sa Bayan rig
Navotas, Kalakhang Maynila, as amended by Pambayang Ordinansa Blg.
2002-13, 5 dated June 6, 2002 (Navotas Ordinance); b) City of Manila,
through Ordinance No. 80466 entitled An Ordinance Declaring the Hours
from 10:00 P.M. to 4:00 A.M. of the Following Day as Barangay Curfew
Hours for Children and Youths Below Eighteen (18) Years of Age;
Prescribing Penalties Therefor; and for Other Purposes dated October 14,
2002 (Manila Ordinance); and (c) Quezon City, through Ordinance No. SP-
2301, 7 Series of 2014, entitled An Ordinance Setting for a [sic] Disciplinary
Hours in Quezon City for Minors from 10:00 P.M. to 5:00 A.M., Providing
Penalties for Parent/Guardian, for Violation Thereof and for Other
Purposes dated July 31, 2014 (Quezon City Ordinance; collectively,
Curfew Ordinances).8

Entitled AN ACT ESTAB LISHING A COMPREHENSIVE JUVEN ILE JUSTICE AND WELFARE SYSTEM,
CREATING THE I UVENILE JUSTICE AND WELr E COUNCIL UNDER TI-IE DEPARTMENT OF JUSTICE,
APPROPRIATING FUNDS THEREFOR AND roR oTHER PURPOSEs, approved on April 28, 2006.
to//o, p. 6.
Id. at 37-40.
Id. at 41-43. Entitled Ordinansa na Nag-aamyenda sa Hang Bahagi ng Tuntunin 1, 2 at Tuntunin 4
rig Pambayang Ordinansa Blg. 99-02, Kilala Bilang Ordinansang Nagtatakda rig Curfew rig mga
Kabataan na Wala Pang Labing Walong (18) Taong Gulang sa Bayan rig Navotas, Kalakhang
Maynila.
6
Id. at 44-47.
7
Id. at 48-60.
See id. at 5-6.
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