The city government has now fully implemented the curfew ordinance in response to President Rodrigo Duterte’s call to protect or at least prevent the possibility of harm from criminals who would take advantage of night’s darkness.
Since Duterte announced the intention to implement the curfew nationwide when he assumed office, Tagbilaran City Mayor John Geesnell Yap II conveyed to key persons the city government’s response by the revival of the implementation of the curfew ordinance.
The city government also communicated the implementation of the curfew ordinance to all institutions, especially schools, colleges and universities in Tagbilaran City where schoolchildren and students spend most of their time for education and extra-curricular activities.
The Holy Name University is one of the institutions that immediately responded to the city government’s implementation of the curfew ordinance.
HNU vice president for administration, Fr. Vicente Uy (SVD) recently issued a memorandum to all deans, principals, office heads, and student organizations; and copy furnished to security guards setting the “time limit for the use of school facilities of all in-campus activities” in consonance with the city’s curfew ordinance.
So far, the implementation of the memorandum has been smooth since it took effect on September 1.
“Curfew time in the HNU campus is at 8:30 p.m., Mondays to Saturdays during the semester,” the memo stated.
It is also stated in the memo that “students who find it necessary to stay in the campus beyond this hour should secure permit from the Vice President for Administration with the endorsement from the Student Affairs Office, and should only be allowed until 10 p.m. pursuant to Tagbilaran City Ordinance imposing curfew at 10 p.m. for minors”.
“Faculty, employees and non-minor students are also prohibited to stay in campus beyond the curfew time,” according to the memo.
In her recent talk during the Dean Mumar Lecture, Lawyer Joan Largo, dean of the USC College of Law, “shed light to our leniency on this matter” as she cited some cases where the Supreme Court explained that ‘the protective custody of the school heads and teachers is mandatorily substituted for that of the parents, and hence, it becomes their obligation as well as that of the school itself to provide proper supervision of the students’ activities, Uy added.
Uy said Largo had also explained that such protective custody of the school heads and teachers covers the “whole time that they are at attendance in the school, including recess time, as well as to take the necessary precautions to protect the students in their custody from dangers and hazards that would reasonably be anticipated”.
The dangers and hazards to be prevented “include injuries that some students themselves may inflict willfully or through negligence on their fellow students”, as Uy quoted Largo.
The Dean Mumar Lecture is an activity traditionally held as part of the HNU College of Law annual “Law Days” celebration.
Uy also shared a reading on J. Cezar S. Sangco’s Philippine Law on Torts and Damages which explains that “while a school is, admittedly, not directly liable since Article 2180 of the New Civil Code speakes only of teachers and school heads, yet, by virtue of the same provision, the school, as their employer, may be held liable for the failure of its teachers or school heads to perform their mandatory legal duties as substitute parents”.
“Again, the school may exculpate itself from liability by proving that it had exercised the diligence of a good father of the family,” Uy added.
In line with this, “classrooms without classes on Saturdays or any non-school days should be closed, unless an approved reservation is presented to the guard on duty;” and on non-school days, no entry to and no use of any school facility is allowed without reservation”.