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%)

Suggested Answer:

(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...

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