Can unsupervised minors who violate the curfew be arrested under the DILG's 'Safer Cities' initiative?
On April 6, the Department of the Interior and Local Government said it is tightening enforcement of public safety rules to help maintain community order under its Safer Cities initiative. To maintain community order, unsupervised minors are prohibited from the streets after 10 p.m. unless they can prove they are traveling for school or work.
To support the initiative, more police and local patrols will be deployed to high-risk areas such as schools and transport terminals. Secretary Jonvic Remulla noted that while crime has dropped by 60% since 2016, these measures are intended to further enhance public security.
On the first day of its implementation, the Philippine National Police flagged 11,676 individuals, including 1,004 minors. However, this strict enforcement on minors raises a debate: Is this the right security measure, or an unconstitutional overreach that unfairly targets the youth?
Minors have special protections
Legal experts clarify that this directive does not create new laws but simply enforces existing local ordinances.
Atty. Michael Tiu Jr. of the UP College of Law explained that while the DILG has the power to supervise these efforts through the police, they must stay within the limits of current legislation.
Human rights lawyer Atty. Josalee Deinla, on the other hand, said that minors have special protections under the Juvenile Justice and Welfare Act (R.A. 9344). Under this law, minors cannot be arrested or jailed for simply breaking curfew. Instead, any responsibility falls on parents or guardians, and authorities are required to implement community-based programs rather than arrest.
"While curfews on unsupervised minors may be validly imposed, they must be established through a local ordinance and must comply with constitutional standards protecting minors’ rights and welfare," Deinla told PhilSTAR L!fe.
Tiu echoed this, adding that such cases must also be handled in accordance with the constitutional rights of parents.
Both lawyers pointed to the Supreme Court case SPARK v. Quezon City, which ruled that curfews must be specific to avoid violating a person's right to travel and freedom of speech. A curfew is only valid if it serves a "compelling interest," such as protecting children from crime, and uses the least restrictive means possible to do so.
Tiu warned that without meeting these specific standards, the current directive risks being seen as an overreach of authority. He noted that curfew ordinances on minors could be valid if "they are able to satisfy the strict scrutiny test that is applied when there are limitations on the right to travel."
Deinla also pointed out that Remulla's approach raises constitutional issues, particularly on equal protection.
"First, singling out 'Geng Geng' boys—those loitering in urban poor communities, while excluding unsupervised minors from wealthier backgrounds—violates the equal protection clause. A valid curfew must apply to all unsupervised minors equally, whether they are on foot in a poor community or riding a Grab car in a gated subdivision," Deinla said.
"Second, all minors apprehended must be treated in accordance with the Juvenile Justice and Welfare Act. They are not to be treated as adult offenders," she added.
Public rights
The Safer Cities initiative also targets public disturbances and intoxication under the Revised Penal Code, yet, Deinla clarified that the DILG announcement is not a law and cannot turn a minor local violation into a jailable offense.
"This is legally significant. Under the Supreme Court’s ruling in Ridon v. People of the Philippines (G.R. No. 252396, December 6, 2023), a violation of an ordinance that carries only a fine and not imprisonment cannot serve as the basis for a warrantless arrest or even a warrantless search," she said.
Furthermore, directives like “shirtless roaming” or “street drinking” can lead to selective and discriminatory enforcement. Deinla said that the Supreme Court requires the “stop and frisk” action to be based on reasonable suspicion, not appearance or officer instinct.
If arrested, Tiu advises seeking legal assistance and ensuring they are read their constitutional rights.
If you believe you were wrongfully arrested, Deinla suggests filing a motion to quash or seek relief through a petition for habeas corpus. She added that complaints may also be lodged with the Commission on Human Rights, the National Police Commission, or the Office of the Ombudsman against erring officers.
