Cebu City curfew ordinance before martial law
The Cebu City Council before Martial Law was declared has a curfew ordinance. It was ordained under City Ordinance No. 228 which was amended by City Ordinance No. 345.
The ordinance fixed curfew hours. The ordinance penalizes the "wandering, sauntering or loitering of minors in any street, wood or alley." The ordinance however provide an exception "that it shall not be applicable to minors attending or participating in, or going home from, purely scholastic functions, commencement exercises, convocations, educational and religious programs, or in wholesome and decent assemblage, and during yuletide masses, New Year's eve and Holy Week cults, during the hours mentioned therein."
On September 11, 1966 members of the Cebu Police Department arrested several minors and detained them in the city jail of Cebu. The city fiscal filed an information before the city court and the minors were convicted for violation of the city ordinance.
The accused minors appealed their conviction with the city court to the Court of First Instance. The Presiding Judge, Honorable Tantuico on March 3, 1969, acquitted the accused minors, ruling that since they came from a birthday party considered as a wholesome and decent assemblage, the minors fell within the exception and therefore committed no violation of the city's curfew ordinance.
On the other hand, days after the arrest of the minors, the father of one of the accused minor on September 19, 1966 filed a complaint with the City Mayor's Office against the arresting policemen (at that time police were hired and employed by the city government, unlike now, police officers are hired by the national government and paid with national funds) with serious misconduct, grave abuse of authority, and commission of a felony. On August 8, 1967, the City Mayor issued Administrative Order No. 157 exonerating the policemen.
The father of the accused minor not happy with the decision of the city mayor, filed on March 17, 1969 similar complaint with the Police Commission (POLCOM), today's equivalent to the National Police Commission.
On January 4, 1969, the policemen filed a complaint for damages against the father of the accused minor. On May 22, 1970, the father of the accused minor filed a motion to dismiss on the ground of existence of a prejudicial question. The motion was denied by Judge Mateo Canonoy, of the Court of First Instance of Cebu.
The father of the accused minor assisted by his counsel went to the Supreme Court and questioned the ruling of the trial court. The Supreme Court on January 24, 1974 ruled that the trial court should have waited for the outcome of the case before the Police Commission. The argument of the policemen that the dismissal of their case before the Mayor's Office automatically results to the dismissal of their case before the Police Commission was not agreed by the Supreme Court.
The legal counsel of the father of the accused minor was Rafael D. Dela Victoria, who was admitted to the Bar on March 19, 1965. He was the son of Atty. Cecilio dela Victoria (became a lawyer on February 23, 1926), who served as Cebu City Councilor and Vice Mayor. Rafael was the brother of Loreto D. dela Victoria, who also became a lawyer on February 28, 1958. Loreto became City Fiscal of Mandaue and became Presiding Judge of Branch 6 of the Regional Trial Court of Cebu.
In resolving the petition, the Supreme Court ordered that the order of the Court of First Instance dated June 1, 1970 denying the motion to dismiss was set aside. The hearing of the suit for damages against the policemen for arresting the accused minors be held in abeyance pending the resolution of the administrative case before the Police Commission.
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