SLEEPING on public streets and sidewalks in Cebu City could soon face stricter rules if a new measure is approved. Aimed at addressing safety and welfare concerns, the proposed ordinance seeks to limit public sleeping when it blocks pathways or creates a hazard.
Not a total ban
Authored by Councilor Harold Kendrick Go, the "Cebu City Public Sleeping Regulation Ordinance" was endorsed to the City Council on Tuesday, March 10.
The proposal is not a complete ban on sleeping outdoors. Instead, it specifically targets sleeping that blocks pedestrian or vehicle traffic, happens in dangerous areas like bridges and construction sites, or causes documented sanitation risks.
To check for violations, authorities will look for signs like the use of cardboard or mats, makeshift tents, or someone staying in a sleeping position for at least 15 continuous minutes. Currently, there is no national law in the Philippines that makes sleeping in public a crime, as the old vagrancy law was decriminalized back in 2012 through Republic Act 10158.
Help first, penalties second
The proposed city measure requires a humanitarian approach before any punishments are given. The Cebu City Department of Social Welfare and Services (DSWS) will lead the effort to assess individuals and offer assistance.
A person's first encounter with authorities will only result in a Notice of Warning and Referral (NWR), which includes an offer of free transport to a proper shelter. Fines and legal actions will only apply to repeat violations.
The penalties for repeat offenses start with a warning and social service referral on the first violation. A second violation brings a P3,000 fine or eight hours of community service, while a third leads to a P5,000 fine or 16 hours of community service.
A fourth violation could result in a criminal complaint, carrying a P5,000 fine or 10 to 30 days of imprisonment. The proposed rules aim to balance keeping the city's streets safe and clear while ensuring that vulnerable individuals are offered the social services they need before facing penalties. EHP