COTABATO CITY --- The Sangguniang Panlungsod
(SP) of this city is set to impose "discipline" among Cotabateños
with the approval on the third and final reading of Ordinance 4529, otherwise
known as the "Discipline Ordinance of Cotabato City."
Councilor Japal G. Guiani III, who authored
the ordinance, said they used the term “discipline” instead of curfew to make it
friendly to the constituents of the city.
If signed or approved by Mayor Frances
Cynthia Guiani-Sayadi, the version of the city’s curfew takes effect even with
the lifting of martial law in Mindanao since the ordinance appears to be a
long-term clause for the protection of minors.
"There is a need to formulate a course
of action to protect the minors with due regard to their rights under existing
laws. This ordinance is enacted to safeguard the minors from being victimized
by criminal elements and instil discipline among them. It also aims to prevent
minors from using illegal drugs, drinking intoxicating beverages, and other
night-time vices," Councilor Guiani said.
Guiani said the ordinance imposes “discipline hours” from 10 o’clock in the
evening to 4 o’clock in the morning for persons below 18 years of age, whether
resident or non-resident of Cotabato City.
"During discipline hours, no minors
shall be allowed on the streets, in commercial establishments, recreation
centers, malls, or any other areas outside the immediate vicinity of their
residence," he said.
However, Councilor Guiani pointed out some exceptions:
“When for justifiable reasons, the minor fails to reach his/her residence
within the prescribed discipline hours; those Sangguniang Kabataan officials
engaged in the performance of their official functions; those accompanied by
their parents, family members of legal age or guardians upon proper
verification; those running for lawful errands such as purchase of medicines,
use of telecommunication facilities for emergency purposes and the like upon
proper verification; and those students enrolled in evening classes and those
who by reason of their employment are required to stay on the streets or
outside their residence after 10 o’clock in the evening.”
"Provided that minors falling under
these categories shall secure a certification from their punong barangay or school
principal exempting them from the coverage of this ordinance, or present a
document or identification proving their qualification under such
category," the councilor stressed.
Further, the ordinance also covers a list of
prohibited acts: selling and/or serving liquors and other intoxicating
beverages to minors; serving and/or drinking liquor or intoxicating beverages
in public places like parks, plazas, streets, and other thoroughfares, and in
public or private cemeteries and in sari-sari stores or similar retail
establishments; and selling, dispensing, and/or serving liquors or intoxicating
beverages from 12 midnight until 7 in the morning.
As for the law enforcement aspect, Councilor
Guiani said the Philippine National Police and all punong barangays, members of
the Barangay Council, and the duly designated Barangay Tanods are authorized to
implement the provisions of the ordinance.
In addition, violators of the “discipline
hours” for minors 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
on recognizance to said parents or guardians with the understanding that the
parents or guardian shall be submitted to the punong barangay for the
corresponding penalty under Section 8 of this Ordinance; 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 purpose 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 24 hours, and
thereafter the release of the offender
to his/her parents’ or; guardian’s custody cannot be reasonably accomplished,
the punong barangay concerned shall turn over the offender to the custody of
the Office on Social Welfare and Development Services for proper disposition;
for an offender, who is homeless, abandoned, neglected, or has not known
parents, relatives, or guardians, the apprehending official or officer shall
refer the offender to the custody of the Office on Social Welfare and
Development Services within 24 hours of apprehension.
Councilor Guiani said any offender or
violator shall face the penalties. "For minors violating the discipline
hours, when taking into custody, shall be subject to the enforcement procedure
as prescribed by Republic Act No. 9344, otherwise known as the Juvenile Justice
and Welfare Act to 2006. Certain actions and fine shall also be imposed to the
parents and/or guardians of minors violating the discipline hours."
Councilor Guiani stressed that the city Mayor
may suspend the discipline ordinance during special public occasions upon the
endorsement of the Cotabato City Police Office. (GILMHAR A. LAO - MINDANAO
EXPOSE’)
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