Chapter 2

REVIEW OF RELATED LITERATURE

This aspect of the study reviews the various literature and studies related to the

study.

This is supported by the research conducted by Balangen (2011). In her research

she said that though most complied with the ordinance, the compliance was not greatly

influenced by the strategies applied by the implementing group. Respondents’ top reason

for their compliance is parental guidance while influence of friends was the most reason

for the respondents’ noncompliance to the ordinance. Weak communication strategies

applied in the implementing of the ordinance and not strict and inconsistent/irregular

implementation of the ordinance and the ronda system were the top problems of the

respondents regarding the ordinance while the implementers faced problems such as

insufficient budget, lack of manpower, uncooperative parents/guardians, non-compliance

of business owners, lack of discipline of minors and non-existent support system of the

government.

(Personal Interview 2016)SPO1 Chris Haidle Tumingeb said that in his 14 years’

service going around the country dealing with different kinds of people, rules or laws

cannot be 100 percent implemented because of two factors one is that the implementers

are just human being where they usually give consideration to those who are violating

simples rules like curfew for minors where there are no victims, second is that not all

people especially young people support this particular ordinance for they believe it is

violating their rights to travel or to enjoy life.

 The two indicators such as increasing police visibility to prevent would be minor

violators to commit crime and requiring minors to go home earlier to avoid bad influence

from gang members of the community both garnered a mean of 3.07 interpreted as

moderately attained. This implies that the respondents perceived that implementers of

curfew for minors are visible to the public and that they are indeed requiring minors to go

home once they are caught loitering in public places. The result is moderately attained is

due to the limited number of PNP personnel and Barangay officials.

This is supported by the study of Balangen (2011). Her findings states that the

ronda system was the actual foot patrol of the barangay officials or barangay tanods and

police officers around the barangay to apprehend violators. The ronda system included

securing of computer shops and establishments serving liquors around the area while at

the same time informing the residents regarding the ordinances. Curfew for minors,

computer shops and liquor establishments were successive, thus, the ronda system was

not only for the latter but extended to the other two ordinances. According to the key

informants, most of the minors were caught at the computer shops and establishments

serving alcoholic beverages, and in dark areas. Thus, most of them concentrated on

these areas. Minors who shall be caught by Barangay Tanods after 7PM should either be

sent home or referred to the police officers. The police officers will either send the children

home or refer them to the MSWDO for guidance and counseling. The MSWDO then will

send the children home after the guidance and counseling with the parents.

However, this procedure was modified by some of the barangay officials where they apply

case-to-case basis. Barangay Kagawad and Chairman for Peace and Order of Barangay

Puguis Tyrone T. Diaz said that during foot patrols, they exempted residents who loitered
later than 7PM as long as they were not doing anything wrong. Most of those who were

caught were those drunk and those who were committing crimes. They referred these

violators to the police officers and to MSWDO for proper intervention or sanction. Those

who were just seen loitering late were assisted home after being informed and asked

regarding the curfew ordinance.

Barangay officials or tanods talked to the parents for advises for those who were

immediately sent home. Since some parents were not aware of the said ordinance, they

were likewise informed of the ordinance.

Ranked two, is helping the economic development of the community got an overall mean

of 3.06, which is interpreted as moderately implemented. This implies that observance of

the provisions of the ordinance of curfew for minors has greatly influenced economic

growth in the community because a peaceful community grows rapidly. Generally, there

is a decline of minor offenses when curfew was implemented.

(Personal interview 2016) Dimsy Yap, a business owner who were interviewed said that

customers will go away if the place is not peaceful, he cited his experience some time

ago in Betag when many bystanders are loitering in their business establishment, their

sales decrease.

Ranked four, is safeguarding the people, and preserving peace and order in the

community by conducting patrol and inspection in the community obtained a weighted

mean of 3.04 which is interpreted as moderately implemented. This means that the

majority of respondents perceived that people feel safe and peace is still preserved.

Nevertheless, some are not feeling secure despite presence of law enforcers in the

community.
 An old city ordinance on curfew for minors that’s not been enforced for years has

been revived in the past weeks with policemen rounding up minors especially those

having a drinking session at the sidewalks.

The move follows an earlier statement of President-Elect Rodrigo Duterte that he is

eyeing the strict enforcement of the curfew which he had set in Davao City as mayor.

In Pasay City yesterday police rounded up 80 minors for violating the city’s existing curfew

hour which is from 10 p.m. until 4 a.m. under “Oplan Rody” or Rid the Streets of Drinkers

and Youth, while in Mandaluyong City, police arrested 30 minors spotted along the streets

from 10p.m. to 1:45 a.m.

The minors said they were just playing with friends a few blocks from their

residence. Others were singing with a karaoke at a street corner in Barangay Addition

Hills.

According to Pasay City police chief, Sr. Supt. Joel Doria, the minors were first

detained at the Pasay City detention cell in the presence of some personnel of the local

Department of Social Welfare and Development (DSWD).

Meanwhile, Chief Insp. Jacqueline Ta-a, of the Libertad Police Station (PS-4), said that

the minors were rounded up from Tuesday evening until early yesterday morning by

roving officers.

The minors, who were caught either loitering on the streets, inside computer

shops, and hanging out, were assisted by personnel from the city’s Department of Social

Welfare and Development (DSWD).

 The existing ordinance on curfew hours which was first implemented in 1993

imposes penalties up to three violations. Penalty for the first violation is a record on the

police blotter, second violation is community service, and third offense is a fine of P500.

Meanwhile, the parents and guardians of the arrested minors said they weren’t aware

that there is such an ordinance being implemented.

The city police told the parents of the arrested minors of the city ordinance imposing

curfew hours for minors aging 18 years old and below from 10 p.m. to 4 a.m. since 1996.

The minors were released around 1 a.m. after their parents and guardians presented

identification cards.

A few days ago, the Las Pinas City police under Sr. Supt. Jemar Modequillo,

rounded up over about 100 persons, 70 of them minors and 30 adults who were caught

drinking along the streets and walking around half naked.

Modequillo immediately released the 70 minors together with their parents after he

informed them of the existing city ordinance and the dangers of allowing minors to roam

the streets late at night.

Meanwhile, the 30 adults were ordered to do 40 push- ups as punishment.

Rank 16. Closing business establishments which deliberately allows minors to drink

inside their bar, despite of warnings given obtained the lowest mean of 2.37 interpreted

as slightly implemented. The findings implies that the implementers are not strictly

enforcing the provisions of the ordinance on curfew for minors.

Buya-an asserted that some Barangay officials are giving favor to business owners

especially if they knew each other.

 In corroboration to this, Fedcha (2011) found out that the enforcement of closure

of business establishment is being implemented with bias. According to one of the

Kagawads of Poblacion Bontoc, Mountain Province, it is true some of the business

establishments are being warned but it just stops there. When it comes to closure of

repeated violators, sometimes it is not being carried out.

Ranked fifteen, is imposing fines to business establishments which permit minors to drink

inside their bar or any amusements garnered the second lowest with a weighted mean of

2.38 interpreted as slightly implemented. This means that there is difficulty in collecting

fines from business establishments that violates curfew for minors.

One of the Barangay kagawads in Pico said that the procedure is too complicated

and laborious, we have so many jobs to do that’s why we prefer to avoid conflicts with the

resident because it is additional burden for us.

Rank fourteen is arresting gang members who are bad influence to the minors and

giving them proper counseling for them to stop and be law-abiding citizen obtained the

third lowest with weighted mean of 2.66 interpreted as moderately implemented. This

means that there is also difficulty in putting minors under arrest.

Barangay Kagawad in Balili asserted that it is difficult to arrest gang members who

are minors because of RA 9344 (juvenile justice and welfare act) states that a minor

cannot be arrested and penalized. They will just be invited to the Barangay then turn over

to the DSWD.

As gleaned from table 3.1, the Barangay officials and the PNP have a higher level

of perception on the level of implementation of curfew for minors for the reason that they
are the prime movers and are the persons responsible and accountable in implementing

the curfew for minors and who are directly involved in observing what is really happening

in the community. As such, the members of the PNP

The barangay tanod brigade plays an important role in the development and

progress of the barangay. It is one of the implementing mechanisms of the Barangay

Peace and Order Committee (BPOC), which has the primary task of ensuring that

peace and order prevail in the barangay.

Peace and order in local communities translates to a sense of a shared feeling

of security among the citizens. People who have this sense of security are more likely

to participate in community activities that aim to improve the livelihood and well-being

of all. In this sense, the maintenance of peace and order is part of the foundation for

genuine, community-based development.

LEGAL BASIS:

Chapter 2 Secton 387 (b) of the Local Government Code provides that the

Sangguniang Barangay may form community brigades and create such other

positions or offices as may be deemed necessary to carry out the purposes of the

barangay government in accordance with the needs of public service, subject to the

budgetary limitations and personal services prescribed under Title Five, Book II of

this Code.

Chapter 4 Section 391 No. 16 ,of the same Code, mandates the Sangguniang

Barangay, as the legislative body of the barangay, to provide for the organization of

community brigade, barangay tanod or community service unit as may be necessary.

 Chapter 4, Section 393 (d) further provides that all duly appointed members of

the barangay tanod brigades or their equivalent, which number shall not be more than

twenty (20) in each barangay, shall be granted insurance or other benefits during their

incumbency, chargeable to the barangay of the city or the municipal government to

which the barangay belongs.

ORGANIZATION:

The barangay tanod shall be supervised by the Punong Barangay. The

Punong Barangay shall also designate a Chief Tanod/ Executive Officer to head the

group. The tanod shall be organized into teams composed of a Team Leader and

two (2) to four (4) members.

COMPOSITION:

The barangay tanod is a community brigade composed of civilian volunteers

duly appointed by the Punong Barangay upon recommendation of the

Barangay Peace and Order Committee (BPOC). While the Local Government

Code provides a maximum of twenty (20) tanods in each barangay, it may

create more as maybe necessary to carry out the purposes of the barangay

government in accordance with the needs of public service, subject to the

budgetary limitations of the barangay.

QUALIFICATIONS:

1. A Filipino citizen
 2. Must be a resident for at least 6 months of the barangay where he is

appointed

3. Must be a registered voter

4. At least 18 years old but not more than 60 years old

5. Can read and write but preferably high school graduate

6. Of good moral character

7. Physically and mentally fit

Exemptions maybe granted to barangays where there are lacks of qualified

volunteers. Retired government employees, police or military personnel / officers

maybe appointed.

CONFIRMATION OF APPOINTMENT:

A barangay tanod member shall be appointed by the Punong Barangay upon

recommendation of the Barangay Peace and Order Committee (BPOC).

TERM AND RENEWAL OF APPOINTMENT:

The term of appointment of barangay tanod member shall be for three (3) years

which may be renewed unless earlier revoked for a valid cause, such as:

1. Violation of law (Revised Penal Code and Special Laws)

2. Commission of crime involving moral turpitude

3. Gross neglect of duty

4. For other causes that the BPOC may determine

5. Voluntary resignation

Renewal of appointment shall require favorable recommendation of the BPOC.

In case of any replacement due to expiration of appointments, voluntary resignation

or for other cause, the BPOC shall submit the name of replacement to the Punong

Barangay for approval.

DEPLOYMENT:

The basic operational area of the Tanod is their own Barangay. However, the

Barangay Tanod may be deployed outside their area of responsibility when requested

to assist in other barangays upon written request to the concerned Punong Barangay.

EQUIPAGE:

1. Uniform – Maong pants, white T-shirts, vest with markings and name-cloth,

ball cap and rubber shoes shall be the minimum requirements of the Tanod’s

uniform. ID shall be worn as part of their uniform to be provided by the barangay.

The Tanod can be issued patches attached to their jacket, if prescribed. Awards and

decorations can be part of the uniform.

2. Gadgets

 Nightstick with teargas (probation) with belt and holster

 Handcuff with holster

 Whistle

 Flashlight

 Raincoat

 Rainboots

 Small notebooks and ballpen

 First aid kits

Fire extinguishers may be maintained in the Barangay Halls. If the

barangay lacks resources to finance equipment mentioned above, the most

important equipage shall be the priority, to be determined by the concerned

barangay.

DUTIES AND RESPONSIBILITIES:

Under the supervision of the Punong Barangay, the barangay tanod

shall:

1. Assist the barangay officials in the prevention of crime and the

promotion of public safety;

2. Conduct patrol / ronda in the barangay;

3. Report to the concerned barangay officials or through Hotline “117”

the occurrence of any crime, fire, accident, public disturbance, and

environmental degradation activities and other untoward incident in the

barangay;

4. Monitor the presence and or activities of suspicious persons,

criminals, and other lawless elements within their jurisdiction and report the

same to the proper authorities or through Hotline “117”.

5. Conduct surveillance on crime breeding areas within the barangay /

purok and report their observations / findings to the proper authorities or

through Hotline “117”.

6. Assist the police and the lupong tagapamayapa in the execution of

warrants and other judicial processes such as tracking the whereabouts of

missing persons, in arresting escaped prisoners and other fugitives from

justice, and in the recovery of stolen properties;

 7. Coordinate closely with the barangay officials and police / local

authorities in the drive against all forms of crimes such as terrorism, smuggling,

carnapping, drug trafficking, drug pushing, illegal gambling, child abuse, crime

against women, all forms of vices and syndicated crimes;

8. Assist in the institutionalization of PATROL “117” Programs;

9. Assist in the implementation of the Fire Code of the Philippines;

10. Detect all forms of fire hazards and other public safety hazards /

violations and to institute corrective measure with their capability;

11. Assist in facilitating smooth flow of traffic; and

12. Perform other functions as may be direct by the Punong Barangays.

BENEFITS:

1. All duly appointed members of the barangay tanod shall be granted

honoraria / allowances, insurance or other benefits stated under Section 393

of the Local Government Code during their incumbency.

2. Pursuant to CHED Order No. 62 series of 1997 a maximum of two

(2) children of barangay tanods who have met the hereunder qualifications

shall be provided study grants:

a. Children of barangay tanod as certified by the Punong Barangay;

b. Not more than 21 years of age at the time of application;

c. High school graduate whose average rating of 80% or higher;

d. Have passed the entrance examination of the State College or

University where he / she intend to enroll;

 e. Financially incapable to pursue a college education and whose

parent’s annual income does not exceed P72,000.00.

3. The city / municipality shall provide incentives and awards to the best

performing barangay tanod.