Councilor Edna Dahino, author of a controversial city ordinance that aims to protect children from abuse, at work at the city council. (photo by lito rulona)
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By JOEY NACALABAN and NITZ ARANCON
Correspondents .

POLICE have yet to go over a new city ordinance that, in effect, allows officers and social workers in the city to stop and question any adult with a child on mere suspicion of child trafficking.

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Supt. Mardy Hortillosa, spokesman of the Cagayan de Oro City Police Office, said police officers here have yet to read the new ordinance that was unanimously approved by the city council on Monday and have no idea yet how they would implement it.

But Hortillosa said the police are guided by Republic Act 7610, otherwise known as the Special Protection of Children Against Abuse, Exploitation and Discrimination Act.

On Monday, councilors approved City Ordinance 2018-18, authored by Councilor Edna Dahino, that authoritizes the police and the social workers in the city to question anyone who accompanies a child or children “prior to departure or upon arrival, and when there is a reasonable genuine suspicion that the child is a potential victim of trafficking in person.”

So, what’s “reasonable genuine suspicion”?

Councilor Enrico Salcedo said it would be difficult for the police or social workers to implement the Dahino ordinance unless they are clear about the meaning of “reasonable genuine suspicion.”

“Dawbe kung akong ugangan magdala sa akong anak, sitahon lugar sa pulis?” Salcedo asked rhetorically.

Salcedo neither voted in favor nor against the Dahino ordinance — he was absent.

Councilors who voted for it were Dahino, Calizo, Leon Gan, Lordan Suan, Yam Lam Lim, Dometilo Acenas, George Goking, Jay Pascual, Ian Mark Nacaya, Suzette Daba, Annie Daba, Reuben Daba, Teodulfo Lao Jr. and Maria Lourdes Gaane.

Absent were councilors Zaldy Ocon, Nadya Elipe and Salcedo.

For Supt. Hortillosa, the use of “psywar” can be used against people suspected of child trafficking or of being pedophiles.

According to Hortillosa, this is how it works: If by chance there is a man with a child, look the person in the eye. If he becomes restless and appears nervous, then he can be confronted and questioned.

But Hortillosa clarified that it’s not always the case. “I mean, you cannot just confront anyone with a minor because you perceive him as a child trafficker,” he said.

Councilor Romeo Calizo, one of those who voted in favor of the Dahino ordinance, declined to define “reasonable genuine suspicion” but he called on the ordinance’s author to work of the implementing rules and regulations of the new city law.

Calizo said the ordinance should be properly implemented in the city so that no parent or guardian would be unecessarily inconvenienced. To avoid this, he said, there should be clear implementation rules and regulations.

The new city law regulates the travel of children whether they are alone or unaccompanied by parents or guardians to and from Cagayan de Oro. Authorities can ask documents from adults.

Based on the Dahino ordinance, mere suspicion of trafficking is basis for authorities to “request” the child or the accompanying adult to proceed to the children’s desk at the terminal, port, police station or local social welfare office for documentation.

Hortillosa said concerned citizens can help in catching child traffickers, point out that they can always invoke the citizen’s arrest rule.

“Bisan kinsa puede mosita sa tawo nga gadala og bata. Dili lang pulis o social worker pero bisan kinsa. Naa man tay giingon nga civilian arrest,” Hortillosa said.

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