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SPARK vs. Lim [SEPARATE OPINION, LEONEN, J.:]

SAMAHAN NG MGA PROGRESIBONG KABATAAN (SPARK),[*] JOANNE ROSE SACE LIM, JOHN ARVIN NAVARRO BUENAAGUA, RONEL BACCUTAN, MARK LEO DELOS REYES, AND CLARISSA JOYCE VILLEGAS, MINOR, FOR HERSELF AND AS REPRESENTED BY HER FATHER, JULIAN VILLEGAS, JR., PETITIONERS, V. QUEZON CITY, AS REPRESENTED BY MAYOR HERBERT BAUTISTA, CITY OF MANILA, AS REPRESENTED BY MAYOR JOSEPH ESTRADA, AND NAVOTAS CITY, AS REPRESENTED BY MAYOR JOHN REY TIANGCO, RESPONDENTS.

G.R. No. 225442 | 2017-08-08

SEPARATE OPINION
 
LEONEN, J.:
 
I concur in the result. All of the assailed ordinances should have been struck down for failing to ground themselves on demonstrated rational bases, for failing to adopt the least restrictive means to achieve their aims, and for failing to show narrowly tailored enforcement measures that foreclose abuse by law enforcers. The doctrine of parens patriae fails to justify these ordinances. While this doctrine enables state intervention for the welfare of children, its operation must not transgress the constitutionally enshrined natural and primary right of parents to rear their children.
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