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Political Law

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Question:

Three cities in Metro Manila passed ordinances that impose curfew on minors in their respective jurisdictions. Petitioners argue that the Curfew Ordinances are unconstitutional because they deprive parents of their natural and primary right in rearing the youth without substantive due process. Is the petitioners’ contention proper?

Author: Zaira Bldvs



Answer:

NO. While parents have the primary role in child-rearing, it should be stressed that "when actions concerning the child have a relation to the public welfare or the well-being of the child, the State may act to promote these legitimate interests. Thus, in cases in which harm to the physical or mental health of the child or to public safety, peace, order, or welfare is demonstrated, these legitimate state interests may override the parents' qualified right to control the upbringing of their children.


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