Republic of the Philippines REGHENED

HOUSE OF REPRESENTATIVES | paqe
Quezon City

SEVENTEENTH CONGRES: BY:
First Regular Session

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ISTRATION UNIT.
99 INDEX SERVICE
House Bill No, 2332 | See

Introduced by REPRESENTATIVE CARLOS O. COJUANGCO

EXPLANATORY NOTE

Juvenile curfews are local ordinances or laws proscribing minors,
generally within a specified age range, from occupying public areas and
streets during particular times. This policy is not new and is one of the most
important regulations for the protection of the children from the vices of the
street. Reports of barangay officials and law enforcement agencies reveal
that minor children roaming around, loitering or wandering in the evening
are the frequent personalities involved in various infractions of city
ordinances and national laws. Hence, the overriding purpose of curfew for
minors is to reduce the amount of juvenile crime and promote parental
control over their teens.

Having curfew means that those under 18 get as much adult
supervision as possible. This lessens the chances of them getting involved in
juvenile violence and crime. Parents often feel assured and relieved having
their kids at home and not on the streets at night time. In addition, curfew
keeps them away from temptations such as drug use, violent acts, sexual
risks, heavy partying, and alcohol intake.

This bill proposed to impose curfew on minors from 10 in the evening
up to 5 in the morning. Those who are accompanied by their parents or
guardians are exempted from the coverage of the measure, as well as other
special cases. The implementation of the measure is primarily laid upon the
shoulders of barangay officials who are in direct contact with the parents and
children in their respective constituencies. As a deterrent and to promote a
sense of community concern on the offenders, penalties imposable are
community services of various durations depending upon the frequency of
the violations committed. Parents and guardians of recidivists and habitual
delinquents will be stripped of their right to parental custody on the third and
succeeding infractions of their wards.


Curfews imposed on minors are a form of zero tolerance policing,
showing that a community will not allow an atmosphere of lawlessness to
develop. They can also help to change a negative youth culture in which
challenging the law is seen as desirable.

In view of the foregoing, the immediate consideration and passage of

this bill is earnestly requested.

CARLOS 0. CO, 0
Represe


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

House Bill No. £39©

Introduced by REPRESENTATIVE CARLOS 0, COJUANGCO

AN ACT
IMPOSING CURFEW HOURS FROM TEN IN THE
EVENING (10:00 PM) TO FIVE IN THE MORNING (5:00
AM) FOR PERSONS BELOW EIGHTEEN (18) YEARS
OF AGE AND PRESCRIBING PENALTIES FOR
VIOLATIONS THEREOF.

Be it enacted by the Senate and House of Representatives of the Philippines
in Congress assembled:

Section 1. Imposition of Curfew Hours; Covered Persons - There is
hereby imposed curfew hours from ten o’clock in the evening (10:00 pm) to
five o’clock in the morning (5:00 am) for persons below eighteen (18) years
of age.

Section 2. Exceptions - During curfew hours no minors shall be
allowed in the streets, commercial establishments, recreation centers, malls
or any other areas outside the immediate vicinity of their residence except:

a) Those accompanied by their parents, family members of legal age, or
guardians upon proper verification;

b) Those running lawful errands such as buying of medicines, using of
telecommunication facilities for emergency purposes and the like

upon proper verification;


c) Students of night school and those who by virtue of their employment

are required to stay in the streets or outside their residence after ten
o’clock in the evening (10:00 pm); Provided, That minors falling
under these categories shall secure a certification from their Punong
Barangay exempting them from the coverage of this Act, or present a
document or identification proving their qualification under such
category.

Section 3. Role of the Barangay - The Punong Barangay, Members

of the Barangay Council and the duly designated Barangay Tanods are

hereby authorized to implement the provisions of this Act.

Section 4. Guidelines in Apprehension - Offenders of this Act shall

be apprehended in accordance with the following guidelines:

¢ The apprehending official or officer shall, without unnecessary delay,

notify the parents or guardians of the offender and release the offender
in recognizance to said parents or guardian with the understanding
that the offender shall be submitted to the Punong Barangay for the
corresponding penalty under Section 5 of this Act;

In cases where the offender is not a resident of the barangay where the
apprehension was made, during the determination of the identities and
residence of the offender’s parents or guardian for purposes of their
information and release of the offender to their custody, the offender
shall be held in the holding facility of the barangay where the
apprehension was made for not more than twenty-four (24) hours, and
thereafter if the release of the offender to his / her parents’ or

guardian’s custody cannot be reasonably accomplished, the Punong


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Barangay concerned shall turn over the offender to the Municipal or
City Social Welfare Office concerned for proper disposition;

© For an offender who is homeless, abandoned, neglected or have no
known parents, relatives or guardians, the apprehending official or
officer shall refer the offender to the custody of the Municipal or City
Social Welfare Office concerned within twenty-four (24) hours of

apprehension.

Section 5. Penalties - Any offender of this Act shall be penalized as
follows:
a) First Offense — Four (4) hours of community service consisting of
cleaning and sweeping of surroundings, among others.
b) Second Offense — Twelve (12) hours of community service consisting
of cleaning and sweeping of surroundings, among others.
¢) Third Offense and Subsequent Offenses — Forty (40) hours of
community service and loss of parental authority over the offender by
the parents or guardians concerned
Section 6. Suspension of the Provisions of the Act in Special
Cases. - The President, through administrative issuances, may suspend the
implementation of this Act nationwide or in specific areas for a length of
time as may be necessary in celebration of fiestas and special and legal
holidays.
Section 7. Role of the Philippine National Police (PNP) - The
Philippine National Police shall provide police support to the Punong

Barangays whenever needed for the enforcement of this Act.



ey

Section 8. Implementing Rules and Regulations. - The Department
of Social Welfare and Development (DSWD) and the Department of
Interior and Local Government (DILG), in consultation with the Philippine
National Police (PNP), shall, within ninety (90) days from the passage of
this Act, promulgate the rules and regulations necessary for the effective
implementation of this Act.

Section 9. Separability Clause - \f any provision of this Act is
declared unconstitutional or inoperative, the other provisions not so declared
shall remain in force and effect.

Section 10. Repealing Clause. - All laws, decrees, orders, rules and
regulations or parts thereof inconsistent with the Act or the rules and
regulations promulgated pursuant thereto are hereby repealed or amended
accordingly.

Section 11. Effectivity. - This Act shall take effect fifteen (15) days
after publication in two (2) national newspapers of general circulation.

APPROVED.