Monday, December 3, 2007

All About Curfew



During the medieval age, a CURFEW signifies the ringing of a bell at fixed time in the evening as an order to cover the hearths (fireplace) and prepare for sleep. The intention was to prevent the untended fires from conflagrations. The definition of curfew had however been expanded by modern writers. The modern extended sense of "periodic restriction of movement" had evolved by 1800s.

In the Philippines, the imposition of curfew by parents, especially on minor children, has been in our culture as far as memory could recall. It used to be a family affair without any interference from the State. The duty to enforce curfew regulations devolved upon the parents or guardians. When I was little I remember we were forbidden to be in the streets at a prescribed time. We obediently adhered to the rules for fear of parental reprimand or corporal punishment. In our neighborhood no minors were allowed to stay outdoors before the stroke of midnight. That’s how disciplined we were scores of years ago.

On 22 September 1972, however, the cultural context of curfew had changed. Marcos, who both wielded executive and legislative powers, had criminalized curfew. The late dictator issued General Order No. 4 ordering the enforcement of a curfew throughout the Philippines between the hours of twelve midnight and four o’clock in the morning during which no person shall be allowed to move outside his or her residence unless he or she is authorized in writing to do so by the military commander-in-charge.

Not contended, he promulgated Presidential Decree No. 603 on 10 December 1974 enjoining all city or municipal councils to prescribe curfew hours for children as may be warranted by local conditions.

With the lifting of Martial Law years later, the curfew imposed upon all persons had automatically been revoked. But PD 603 had remained in force. In fact, it has been so until now as this law has not been repealed.

Under our present legal system, is the imposition of a curfew legal? Yes, PD 603 allows it subject to certain conditions, which are : 1) the curfew hours shall be imposed upon minors only, 2) a local ordinance imposing a curfew shall be enacted, and 3) it is warranted by local situations.

Was GMA’s imposition of curfew upon ALL PERSONS in Manila and Regions 3 and 4-A on 29 November 2007 legal? Here are the views of some of our noted lawyers on the legality of curfew imposition.

1. As an inherent and extraordinary power of the State, police power is exercised through legislation. A curfew imposed without any law or legal order is illegal and unconstitutional. (Atty. Theodore Te)

2. The President has no authority to curtail freedom of movement. Also, such a directive needs to be in writing and has to be published. (Atty. Marichu Lambino).

3. The curfew imposition is unlawful and contrary to the Constitution — our right to liberty, our right to travel, our constitutionally guaranteed rights that cannot be curtailed or disregarded by executive order. Even curfews imposed in town and barangays need local ordinance. (Sen. Francis Pangilinan)

Meantime, Atty. Fred Pamaos has raised some interesting questions in his blog as regards curfew imposition, viz :

xxxx there are two legal questions that should be addressed: (1) Can the President impose a curfew without any delegation of powers from Congress?; and (2) If such delegation is not required and the imposition of curfew is authorized under the Commander-in-Chief powers of the President, did the President comply with the constitutional requirements (the Constitution requires the concurrence of two conditions, namely, an actual invasion or rebellion, and that public safety requires the exercise of such power)?


Personally, I feel the recent curfew was imposed without clear legal basis. There’s no law empowering the President to impose curfew on ALL PERSONS. What we have is curfew regulations on minors only. GMA had consciously overstepped the limitations of her constitutional powers at the expense of curtailing our freedom to travel and move outside our home; our freedom to watch last full show movie at SM cinema, our liberty to listen to music at a nearby bar, our freedom to enjoy our friends' birthdays and etc. Even under her commander-in-chief powers she has no authority to impose curfew on all citizens. A curfew on ALL PERSONS can only be imposed if there is a law enacted by Congress to that effect delegating to the President the police power to executive the same.

Obviously, GMA treated the curfew imposition as a test case. The curfew has ruffled a lot of feathers but no one has lifted a finger to question its legality before the Supreme Court. Unless the curfew is judicially challenged, GMA may reimpose it again and again. Some may say the complaint will not prosper because the curfew was already lifted and, therefore, it is now moot and academic. I disagree. The Supreme Court will not render the complaint moot and academic. Said the Supreme Court in Randolf David vs. Arroyo :

The “moot and academic” principle is not a magical formula that can automatically dissuade the courts in resolving a case. Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest is involved; third, when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review.


Ergo, will someone rise and judicially challenge the legality of GMA’s curfew imposition?

33 comments:

W. Dupit said...

nice methaphor, dissenting opinion. I admire the Pampaguenos courage...

lelepatiriktirik said...

I am not in a position to check the legality of that controversial imposition of curfew as I am a mere common tao so to speak. What I saw was the Commander in Chief responding to the call of the incident and contained the situation in such a way it wont spill over the following day so the Filipino people can continue with their normal life. We had enough of these. Did she stepped over board? So be it, as long as she was able to protect the entirety of the nation. Will she do it again, yes, she will.

Anonymous said...

Hello everyone! Who knows where to upload the film Avatar?
I even bought the film Avatar for a SMS to http://rsskino.ru/kinofilm/avatar.html , the link was, but download fails, the system will boot quite strange cocoa something.
Men, advise where to normal as quickly download film avatar?

Anonymous said...

[url=http://www.blingforfun.com]hip hop jewelry[/url],[url=http://www.blingforfun.com/pendants/cat_9.html]hip hop pendants[/url],hip hop watches,[url=http://blingforfun.com/belts/cat_18.html]bling bling[/url] ,hip hop,[url=http://blingforfun.com/chains/cat_7.html]hip hop chains[/url],hip hop bling,[url=http://blingforfun.com/chains/cat_7.html]iced out chains[/url],[url=http://www.blingforfun.com/chains/cat_7.html]wholesale chains[/url]
hip hop jewelry
wholesale hip hop watches
hip hop rings

Anonymous said...

ups sorry delete plz [url=http://duhum.com].[/url]

Anonymous said...

I sell a boat-program which will help you to outwit auction and to win, initially the boat was created for the Scandinavian auction http://internet-aukcion.ru/ but now the program can work with similar auctions: gagen ru, vezetmne ru and with ten.
The program-boat stakes for you, i.e. for this purpose it is not necessary to sit constantly at the monitor. The boat can set time when it is necessary to stake, thus you as much as possible will lower expenses for rates, and as much as possible increase the chances of a victory.

The price of the program a boat for the Scandinavian auctions 20$

For the first 10 clients the price 15$

To all clients free updating and support.

Behind purchases I ask in icq: 588889590 Max.

Anonymous said...

[b]Set software LoveBots v 5.2[/b]

All for a mass mailing dating http://24lux.ru/

The script is written in php5

Features:

[i]registration, account activation
manual input captures, or the solution through antikapchu
filling data accounts:
- Gulf desired photo
- Инфы about yourself
- Diary
- Sexual preference[/i]

gulyalka on questionnaires spammer on lichku
- Randomization Posts: replacement of Russian letters in Latin analogues

optimized to work in a continuous loop
check-activation-filling-spam check ..

Updates and support free of charge.

Price per set 100 wmz

For the first 10 buyers price 70 wmz (your feedback on the software).

For shopping I ask in icq: 588889590 Max.

Scrin program:

[IMG]http://i066.radikal.ru/1002/9d/a7a68e8c96ee.jpg[/IMG]

[IMG]http://i054.radikal.ru/1002/19/9db76967c0e5.jpg[/IMG]

[IMG]http://s003.radikal.ru/i202/1002/24/20716e86512e.jpg[/IMG]

Flooding in the subject no! Write to feedback after the purchase.

Anonymous said...

Non naked [url=http://www.soulcast.com/post/show/814655/beautiful-Jessica-Alba-whether-or-not-nude] naked tape[/url] Nude

Anonymous said...

canada goose coats cheap online sale Denmark Canada, UK,
goose trillium parka jackets womens online sale Denmark Canada, UK,
goose freestyle vest sale online sale Denmark Canada, UK,
Goose Chilliwack Bomber online sale Denmark Canada, UK,
Canada Goose Mens Citadel Parka online sale Denmark Canada, UK,
Canada Goose Expedition Parka sale online sale Denmark Canada, UK,
Mens goose snow mantra parka online sale Denmark Canada, UK,
Canada Goose Yorkville Parka sale online sale Denmark Canada, UK,
womens Goose Chilliwack Parka jackets online sale Denmark Canada, UK,
womens Goose Expedition Parka Jackets online sale Denmark Canada, UK,
womens Goose Kensington Parka online sale Denmark Canada, UK,
Canada Goose Womens Montebello Parka online sale Denmark Canada, UK,
womens Goose Solaris Parka Jackets online sale Denmark Canada, UK.

Anonymous said...

canada goose coats cheap online sale Denmark Canada, UK,
goose trillium parka jackets womens online sale Denmark Canada, UK,
goose freestyle vest sale online sale Denmark Canada, UK,
Goose Chilliwack Bomber online sale Denmark Canada, UK,
Canada Goose Mens Citadel Parka online sale Denmark Canada, UK,
Canada Goose Expedition Parka sale online sale Denmark Canada, UK,
Mens goose snow mantra parka online sale Denmark Canada, UK,
Canada Goose Yorkville Parka sale online sale Denmark Canada, UK,
womens Goose Chilliwack Parka jackets online sale Denmark Canada, UK,
womens Goose Expedition Parka Jackets online sale Denmark Canada, UK,
womens Goose Kensington Parka online sale Denmark Canada, UK,
Canada Goose Womens Montebello Parka online sale Denmark Canada, UK,
womens Goose Solaris Parka Jackets online sale Denmark Canada, UK.

Anonymous said...

canada goose coats cheap online sale Denmark Canada, UK,
goose trillium parka jackets womens online sale Denmark Canada, UK,
goose freestyle vest sale online sale Denmark Canada, UK,
Goose Chilliwack Bomber online sale Denmark Canada, UK,
Canada Goose Mens Citadel Parka online sale Denmark Canada, UK,
Canada Goose Expedition Parka sale online sale Denmark Canada, UK,
Mens goose snow mantra parka online sale Denmark Canada, UK,
Canada Goose Yorkville Parka sale online sale Denmark Canada, UK,
womens Goose Chilliwack Parka jackets online sale Denmark Canada, UK,
womens Goose Expedition Parka Jackets online sale Denmark Canada, UK,
womens Goose Kensington Parka online sale Denmark Canada, UK,
Canada Goose Womens Montebello Parka online sale Denmark Canada, UK,
womens Goose Solaris Parka Jackets online sale Denmark Canada, UK.

Anonymous said...

Wow! This blog looks just like my old one! It's on a completely different topic but it has pretty much the same page layout and design. Excellent choice of colors!

My web blog: activity calorie calculator

Anonymous said...

I was pretty pleased to find this page. I wanted to thank you for
ones time for this wonderful read!! I definitely loved every
bit of it and i also have you bookmarked to look at
new stuff in your site.

my weblog ロレックスレプリカ

Anonymous said...

Its such as you learn my mind! You appear to understand a
lot approximately this, such as you wrote the book in it or something.

I think that you simply could do with some percent to drive the message home a little bit, however other than that, this is
magnificent blog. A fantastic read. I will certainly be back.



my blog post - ロレックスコピー

Anonymous said...

No more responses like: "same bull, are not unequaled to dating sites. Now, how does in my pajamas and not wear my eyeglasses. In lifetime everyone waterfall of beautiful Women from Online dating sites - see for my upcoming articles with ALL the details!

Have a look at my blog post: how to find a girlfriend

Anonymous said...

What's up colleagues, how is the whole thing, and what you desire to say regarding this paragraph, in my view its genuinely remarkable in support of me.

my page - プラダ トートバッグ

Anonymous said...

It is in reality a nice and helpful piece of info.
I'm happy that you shared this helpful info with us. Please keep us informed like this. Thanks for sharing.

Feel free to surf to my website tao of badass

Anonymous said...

Thanks for sharing your thoughts on moncler kaufen. Regards

Here is my web page - learn to attract women

Anonymous said...

Oh my goodness! Impressive article dude! Thank you, However
I am going through troubles with your RSS. I don't understand why I can't join it.

Is there anyone else having identical RSS problems? Anyone that knows the answer
will you kindly respond? Thanx!!

my webpage - joshua pellicer the tao of badass pdf

Anonymous said...

Hi, i think that i saw you visited my site so i came to “return the favor”.
I am trying to find things to improve my website!

I suppose its ok to use some of your ideas!!

Here is my web site 2013airjordanfreeshipping.com

Anonymous said...

Hi there, yes this paragraph is actually nice and I have learned lot of things from it about blogging.

thanks.

My blog post :: トリーバーチ

Anonymous said...

I'm not sure where you are getting your information, but good topic. I needs to spend some time learning much more or understanding more. Thanks for magnificent info I was looking for this info for my mission.

Also visit my web-site: クリスチャンルブタンメンズ

Anonymous said...

If you are going for best contents like I do, simply visit
this website every day since it presents quality contents,
thanks

My webpage :: コーチバッグ

Anonymous said...

WOW just what I was looking for. Came here by searching for coach new embossed crocodile large garnet

my web site; コーチ

Anonymous said...

You're so interesting! I don't think I have read through a single thing like this before.
So nice to find another person with some unique thoughts
on this subject. Seriously.. many thanks for starting this up.
This website is something that is needed on the
web, someone with a bit of originality!

Also visit my blog: educatingu.org

Anonymous said...

Hi, i think that i noticed you visited my web
site so i got here to go back the want?.I am attempting to find things to improve
my website!I guess its good enough to use a few of your concepts!
!

my blog ... クロエ バッグ 新作

Anonymous said...

Hi my loved one! I want to say that this article
is awesome, nice written and come with almost all vital infos.

I'd like to look more posts like this .

My blog post: クロエ

Anonymous said...

Hello! I know this is kinda off topic nevertheless I'd figured I'd ask.
Would you be interested in exchanging links or maybe
guest writing a blog post or vice-versa? My site goes over a lot of the same subjects as yours and I believe we could greatly benefit from each other.
If you're interested feel free to shoot me an email. I look forward to hearing from you! Wonderful blog by the way!

Check out my web site :: ルブタン靴

Anonymous said...

Have you ever considered about including a little bit more than just your articles?
I mean, what you say is valuable and all. But think of if you added some great visuals or
video clips to give your posts more, "pop"! Your content is excellent but with
pics and video clips, this blog could definitely
be one of the best in its field. Amazing blog!

Feel free to surf to my webpage http://alexandruclubber.blogspot.com/2008/02/aseara-am-vazut-o-luna-superba.html

Anonymous said...

Excellent article. I will be dealing with many of these issues as well.

.

My webpage: クロエ

Anonymous said...

A motivating discussion is definitely worth comment. I believe that you ought to publish more about this subject matter,
it may not be a taboo subject but typically people don't speak about these subjects. To the next! Best wishes!!

Feel free to visit my web site: コーチ 財布

Anonymous said...

fantastic issues altogether, you just gained a brand new reader.

What could you recommend in regards to your submit that
you made a few days ago? Any positive?

Take a look at my website :: クロエ店舗

Anonymous said...

Your style is so unique compared to other folks I've read stuff from. Many thanks for posting when you have the opportunity, Guess I will just book mark this web site.

Here is my homepage: コーチ