For an update of this post, pls click the link
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(i hate to write this…i really do… any President deserves the traditional honeymoon — but his official spokesperson Peter Laviña (in a media conference, see GMA7 News, report by Tina Panganiban-Perez)is already announcing curfew and a permanent liquor ban.
(what do you mean…) [people below 18 years old will not be allowed to be outside their house at 10pm onwards or else they would be warrantlessly arrested; people (whether adults or minors) drinking beer/wine in public places, or outside the house, at 1am onwards would be warrantlessly arrested]
The policy gives rise to issues such as those that involve the constitutional separation of powers and the Bill of Rights — it probably has to be written down now. Sorry po, trabaho po, this is just a response to a reckless spokesperson… with apologies po…)
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Presumptive President-elect Duterte makes his first mistake: His spokesperson announced curfew, permanent 1am liquor ban.
Even before his first 100 days as president has started, presumptive President-elect Rodrigo “Digong” Duterte makes his first mistake when his official spokesperson Peter Laviña said in a press conference today, during a free-wheeling Q & A, that the presumptive President-elect would impose curfew and a permanent liquor ban starting at 1am everyday.
Laviña clarified that the curfew would only be for minors who are unaccompanied from 10pm to 5am while the permanent 1am liquor bar would only be for public establishments. (see video news report embedded below)
The presumptive President-elect needs to be reminded that the President, in our system of government, does not exercise legislative powers — only Congress does, and it has not been convened, the members not having been proclaimed yet. And even such legislative enactment must pass muster any judicial review.
He himself has not been proclaimed — yet his official spokesperson is now announcing presidential policies.
Presumably, if he pushes thru with this, he would do so by executive order.
The constitutional issues would be: Can the President criminalize walking on the streets from 10pm to 5am for those below 18 years old? (and warrantlessly arrest and summarily jail the 17-year-olds —- for simply being outside their houses at 10pm.) Can the Chief Executive criminalize the sale and consumption of liquor publicly from 1am to 5am? (and warrantlessly arrest and summarily jail anyone and everyone found in clubs and bars drinking beer or wine or rhum, gin and tonic, Shirley Temple, bloody Mary) The only reason these draconian measures are operational in Davao is that they have never been challenged.
The Supreme Court on Padre Faura remains open and functioning. The streets remain open and functioning. You start arresting unaccompanied minors for “curfew violations” and you would be deluged with habeas corpus petitions and petitions for prohibition of transcendental importance. And placards.
10pm? You will be defied. You will be defied because it is unconstitutional. You will have the first form of civil disobedience in your hands.
Be careful, Mr. President-elect.
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Because this post has 3,102 unique hits/ unique views and was shared 800 times in Facebook (and I’m not even on Facebook) and the views are still breaking the stat meter, let me just embed the update here (the link of the update is pasted above). Thank you, everyone, for viewing). Here’s the update:
President-elect Duterte “corrects” false start of spokesperson (who announced curfew and a liquor ban): Unveils Peace Plan, Release of Pol Prisoners, an FOI EO, Transpo Infra, Crime-bust
To be fair, nothing was ever heard of again about that curfew and permanent liquor ban from the team of presumptive President-elect Duterte after that morning false start when his official spokesperson said that a 10pm curfew would be implemented nationwide for 17-year-olds, and a 1am permanent liquor ban in public places for everyone (see May 10 post ).
In less than 24 hours, presumptive President-elect Duterte convened his “Transition Committee” and unveiled the following:
The new administration will:
1.release all political prisoners;
2.will hold unconditional peace talks with local armed liberation movements;
3.will enact a Freedom of Information executive order;
4.will fastrack transportation infrastructure to immediately address urban congestion and the transportation problem, and
5.of course, will professionalize crime-busting. (see last night’s news reports on the announcements of the Transition Committee).
They didn’t say anything about a curfew or criminalizing the drinking of liquour. Nada. They self-corrected.
(just to let you know, there are enough provisions in the Revised Penal Code that punish 1.charivari; 2.”disturbing public tranquility”; 3.”wandering at night disturbing the public peace”‘; 4.disturbance in public places — be creative, get good lawyers and good legal advisers and you’ll find out you can twirl, este, er, use the Rules of Court in your favor — and enforce the laws based on overt acts and probable cause; instead of leaving it to a band of burly policemen to hold up, este, er, to hold and detain innocent 17-year-olds and innocently nocturnal beer-drinkers.)
Be a smart “Enforcer” rather than a burly “Punisher”.
Ok, that’s more like it.
Let’s start again.
Hello to new beginnings, Mr. President-elect.