Children (CRC).4 The rule on confidentiality in handling of cases involving minors still
apply even in infractions of local ordinances. The provisions of RA 93445, as
amended by RA 106306, in handling cases of children at risk (CAR) and children in
conflict with the law (CICL) should still be observed.
There are lawful methods that we can employ to get our message across without
subjecting residents who committed curfew infractions to further harm and
humiliation at this time. We encourage the performance of community service be
done after this public health emergency has passed, to avoid the exposure of the
civilians to COVID-19.
We must emphasize to the public that the implementation of the curfew is an
emergency measure. During the curfew hours, the local government may utilize all
available resources to provide intensive sanitation services to public places (i.e.
roads, markets, etc.). Also, the reasonable curfew hours will give a short reprieve for
the Barangay Peacekeeping Action Teams (BPATS), Philippine National Police
(PNP), Armed Forces of the Philippines (AFP) and other security officers from their
heightened duties, including the maintenance of physical distancing of civilians, for
the duration of the public health emergency.
To reiterate, on 24 March 2020, CHR Spokesperson Atty. Jacqueline Ann De Guia
issued an official statement ‘On Punishment for Citizens Violating the Curfew’7,
quoted below:
[t]tinututulan natin ang anumang hindi makataong parusa. Imbes
na sa ilalim sa marahas na kaparusahan na maaring tahasang
paglabag sa Konstitusyon particular sa pagbawal sa torture or
cruel or inhuman or degrading treatment and punishment,
hinihikayat ng CHR na community service na lamang ang maging
kabayaran ng mga hindi sumusunod sa curfew upang masiguro
ang kanilang kaligtasan habang nakikinabang pa ang buong
komunidad sa kanilang serbisyo.
(We oppose any forms of inhuman penalties. Instead of enforcing
inhuman penalties which is a clear violation of the Constitution, in
particular the prohibition on torture or cruel or inhuman or
degrading treatment and punishment, the CHR encourage that
community service will be the penalty for those citizens who
committed curfew infractions to secure their safety while the
community will still benefit from their services.)
Thus, we call on the LGUs, PNP, AFP and other Security Sector to be circumspect
on their localized initiatives and be guided by existing laws (international or national)
and human rights law be at the heart in implementing measures for COVID-19; such
that the rights of every person are respected, protected and fulfilled.
4
UN Convention on the Rights of the Child, Opened for Signature16 December 1577, UNTS 3(entered into force 2 September 1990),
Preamble par 6.
5 Juvenile Justice and Welfare Act of 2006
6 An Act Establishing a Comprehensive Juvenile Justice and Welfare System, Creating the Juvenile justice and Welfare Council under the
Department of Social Welfare and Development, Appropriating Funds Therefor, and for Other Purposes
7 CHRP Statement, 24 March 2020 ‘On Punishment for Citizens Violating the Curfew’.
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