a primer on the curfew ordinance

"be glad of life, because it gives you the chance to love, and to work, and to play, and to look at the stars."

Q: Basically, what is Ordinance 8046 all about?

A: It is an ordinance declaring the hours from 10:00 p.m. to 4: a.m. of the following day as "barangay curfew hours" for children and youths below 18 years of age.


Q: What are the penalties for the violators?

A: There are penalties for those who will violate the ordinance. For offenders aged 15 years and below, the sanction consists of a reprimand for the youth offender and admonition to the offender's parent, guardian or person exercising parental authority. For those aged 15-17, for the first offense, reprimand and admonition; for the second offense, reprimand and admonition and a warning about the legal impositions in a case of a third and subsequent violation; and for the third offense and subsequent offenses, imprisonment of one day to ten days, or a fine of Php2000.00, or both at the discretion of the Court.


Q: Are there any exceptions?

A: There are exemptions to the curfew. Exempted are those minors accompanied by their parents, guardians or other elders of legal age; those night school or working students whose schedules require them to be in the streets or outside their residences beyond 10 p.m.; and those running lawful errands such as buying medicines or using phones for emergency calls.


Q: When did this curfew take effect and so far, has it been an effective tool in lessening the crimes in the streets of Manila?

A: It was implemented in the City of Manila last November 14, 2002, Has it been an effective tool in lessening the crimes in the streets of Manila?Surprisingly, for the first three months of the imposition of the curfew in the city of Manila, and because of the help of the media, crime went down by 90%. Now it has stabilized, where crime is down to 65%. The streets of Manila are safer now. Before, there are frat wars and many other kinds of crimes are rampant. Parents now are very happy because their children are now safe in their homes.


Q: Have there been any reported case of abuse in the part of those who implement the curfew? (the barangay officials?)

A: There is no reported case of abuse. Though I've heard sometimes that there are barangay tanods who punish the kids trying to test their patience. For instance, there was this lad who was always caught. And every time he was caught, he was always challenging the barangay tanod. So finally, he was spank.


Q: Do you think there is still a need to impose stricter penalties?

A:In the future, we will make a study on the effects of the curfew. If we find it necessary to implement stricter penalties, maybe we can modify some provisions. But for me, personally, I don't think we should change the penalties. The penalties now are sufficient.


Q: What then is your reaction to the militant youth who protest the Ordinance 8046 or better known as the "Curfew Ordinance?"

A: Hindi ito Martial Law! ("This is not Martial law!") The militant youth and other groups or individuals who contest the curfew "do not know what they are saying." The city government recognizes the youth's right to enhance and develop their personality through socialization. The city government, however, does not intend to curtail their freedom in any form. The main intention was to protect them from crimes which actually to happen in the late evenings or wee hours of the morning.


Q: Being the principal author of this ordinance, all in all, what impression do you want the people to have on this?

A: I want everybody to see the curfew basically as a tool to protect children and give their parents peace of mind. It should never be conceived as a means for curtailing freedom.


Source:Councilor Julio E. Logarta Jr. of District VI, principal author of the Ordinance 8046

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