ILOILO City – In the absence of clear guidelines from the Philippine National Police headquarters on the anti-tambay campaign, the Iloilo City Police Office (ICPO) is invoking city ordinances and executive orders to discourage loitering.
On Friday night, policemen did not arrest loiterers but chided them for violating city ordinances such as the curfew for minors from 10 p.m. to 4 a.m., the city mayor’s executive order prohibiting establishments from dispensing alcoholic beverages in their premises between 2 a.m. to 8 a.m., and even the ordinance banning smoking in public places.
President Rodrigo Duterte ordered a crackdown on tambay or nighttime idlers on streets. He viewed them as sources of potential trouble.
ICPO data showed policemen reprimanding a total of 270 tambays in six districts – 74 in the City Proper, 41 in La Paz, 45 in Jaro, 30 in Molo, 50 in Mandurriao, and 30 in Arevalo.
Tambay is an abbreviation of the word istambay, which in turn is a Filipino term derived from the English phrase “on standby.”
The police also caught 34 minors loitering around 11:30 p.m. The youngsters were turned over to the City Social Welfare and Development Office.
A total of 12 persons, meanwhile, were issued citation tickets for smoking in public.
“Wala pa kaming papel na hinahawakan on the anti-tambay campaign so nag-warning lang tayo in relation to city ordinances like the liquor ban, anti-smoking and curfew for minors,” said Police Station 1 commander Superintendent Jonathan Pablito.
Under Iloilo City’s curfew ordinance, minors are prohibited from loitering beyond 10 p.m. in restaurants, nightclubs, motels, dancehalls, amusement places such as internet cafés, video arcades, karaoke bars, billiard halls, beach resorts, and other similar establishments.
Minors are also barred from selling or vending whatever items (including food and beverages) even with the presence of their parents or guardians, and its shall be unlawful for any business establishments to admit and allow minors within their premises during the curfew hours.
Any business establishment violating the ordinance shall be meted with sanctions: first violation, written notice of warning; second violation, imposition of a P5,000 fine; third violation, closure of the establishment for three days; fourth offense, closure of the establishment for five days; and fifth violation, revocation of business permit.
Minors caught violating the curfew, on the other hand, will be turned over to the City Social Welfare and Development Office, which in turn will be responsible in returning the youngsters to their parents or guardians.
December last year, Mayor Jose Espinosa III issued Executive Order (EO) No. 146 ordering all establishments dispensing alcoholic beverages to close by 2 a.m.
The “unregulated dispensation” of intoxicating drinks results “in the improper and harmful conduct and behavior of consumers” especially at night, according to Espinosa.
The EO, however, has exemptions. These are the following:
* hotels/motels
* resorts accredited by the Department of Tourism
* restaurants, provided they shall not sell nor serve nor dispense nor allow customers to drink within their premises from 2 a.m. until 8 a.m. on the same day, and
*convenience stores operating on a 24-hour basis, provided that such convenience stores may sell but shall not serve nor allow its customers to drink within its premises from 2 a.m. until 8 a.m. on the same day.
Establishments covered by the ordinance – bars, nightclubs, restaurants – must set a time for receiving last orders from so as to meet the 2 a.m. curfew that would last until 8 a.m. of the same day.
In issuing the EO, Espinosa said he was wary of nighttime brawls.
“We are warning people not to drink liquor along streets. Sa susunod manghuli na po tayo. We are also warning minors not to loiter beyond 10 p.m. or we will bring them to the police station,” said Pablito.
In issuing EO 146, Espinosa cited Section 16 of Republic Act 7160 (Local Government Code of 1991). It stated: “Every local government unit shall exercise the powers….for its efficient and effective governance, and those which are essential to the promotion of the general welfare.”
“Within their respective territorial jurisdictions, LGUs shall ensure and support the promotion of health and safety and improvement of public morals, maintenance of peace and order and preserve the comfort and convenience of their inhabitants,” stressed EO 146.
The power to issue licenses and permits which is bestowed in the city mayor necessarily includes the power to restrict through the imposition of certain conditions, according to Espinosa./PN
