(Question A.9, Political Law, 2019 Bar Exam)
The unabated rise of criminality and the reported identification of delinquent children loitering in the wee hours of the night prompted City Z to implement a curfew ordinance. Minors unaccompanied or unsupervised on the streets by their parents or guardians between 10:00 P.M. to 5:00 A.M. may be apprehended by law enforcers subject to certain exclusive exceptions. These exceptions are: 1. minors running lawful errands, such as buying of medicines, using of telecommunications facilities for emergency purposes and the like; 2. night school students; and 3. minors working at night.
Minors apprehended for violation of the curfew ordinance shall be required to undergo counseling, accompanied by their parents/guardians.
(a) Does the curfew ordinance violative the primary right and duty of parents to rear their children? Explain. (2.5%)
(b) Does the curfew ordinance infringe any of the minors’ fundamental rights? Explain. (2.5%)
(a) No. Answer
Under jurisprudence, the Curfew Ordinances are but examples of legal restrictions designed to aid parents in their role of promoting their children’s well-being. They apply only when the minors are not – whether actually or constructively – accompanied by their parents. This serves as an explicit recognition of the State’s deference to the primary nature of parental authority and the importance of parents’ role in child-rearing.. Rule
In the case at bar, the curfew ordinance of City Z is consistent with jurisprudence as it applies only if the minors are unaccompanied or unsupervised on the streets by their parents or guardians between 10:00 om and 5:00 am. It also provides for exceptions. Apply
Thus, the curfew ordinance does not violate the primary right and duty of parents to rear their children. Conclusion
(b) No. Answer
Under the jurisprudence, curfew ordinances further compelling State interest. Their purpose is the promotion of juvenile safety and prevention of juvenile crime, both of which serve the interest of public safety. Rule
In the case at bar, the issuance of the curfew ordinance is aimed at reducing the criminality and protection of minors during the curfew period. There is compelling State interest given the unabated rise of criminality and the reported identification of delinquent children loitering in the wee hours of the night. Apply
Thus, the curfew ordinance does not infringe on any of the minor’s fundamental rights. Conclusion
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