Manila will not appeal the Supreme Court’s decision declaring as unconstitutional the city’s curfew ordinance for minors, Mayor Joseph Estrada said.
The SC being “the highest court of the land,” Estrada said the city government will comply with the order.
“We have to just follow whatever is their decision,” he told reporters at the sidelines of the blessing ceremonies for the new City Hall-funded covered quadrangle of Bacood Elementary School in Sta. Mesa Monday.
“We cannot do anything. It’s the highest court of the land. We have to follow the order. Nobody is above the law, not even the President,” Estrada said.
The mayor said he is not dismayed at all by the SC ruling and that the city government will not file any appeal. “There are other remedies,” he said.
One of these remedies, Estrada said, is to “revisit” the provisions of the subject curfew law, City Ordinance No. 8046, and introduce amendments that will not go against the High Tribunal’s ruling.
“We can pass another ordinance or we’ll just amend it. It depends on the City Council,” he pointed out.
Majority floor leader Councilor Casimiro Sison of the 6th District, who was with Estrada during the inauguration ceremonies, confirmed the city council is working on a new curfew ordinance.
“We are going to revisit the ordinance. Most probably what we can do is to punish the parents instead,” he said, citing a provision in the old curfew ordinance that allows authorities to fine and imprison minors caught for curfew violation, which the SC found illegal.
The old curfew ordinance, according to Sison, was approved in 2002 during the incumbency of then- mayor Lito Atienza. Since last year, Estrada has stopped its implementation, the councilor said.
In a recent deliberation, SC has allowed curfew for minors in Quezon City but nullified those in Manila and Navotas, which it found to be unconstitutional.
The high court agreed with the argument of the petitioner, the Samahan ng Progresibong Kabataan or Spark, that City Ordinance No. 8046 of Manila and Pambansang Ordinansa Blg. 2002-13 issued by Navotas violated the provisions of the Juvenile Justice and Welfare Act.