Has Cebu City’s anti-medicancy law become punitive? Officials want to know

Local

THE arrest of a 68-year-old harmonica player has pushed Cebu City officials to reopen discussions on the city’s anti-mendicancy ordinance.

City councilors are now questioning whether the law is still being enforced in a humane and relevant manner.

Inside the Cebu City Council session hall on Tuesday, May 19, emotions and policy collided as Councilor Pastor “Jun” Alcover Jr. delivered a privilege speech centered on the plight of Ireneo Selma Vidal.

Vidal is the elderly street performer whose arrest along Colon Street triggered online outrage and renewed public debate over poverty, compassion, and law enforcement.

Alcover described Vidal’s story as “heartbreaking,” recalling how the senior citizen allegedly played his harmonica in public not to cause trouble, but to earn enough money to buy food for his three-year-old grandson.

“Nagpatukar lang ko aron makapalit ug pagkaon sa akong apo,” Vidal reportedly said.

That image, an elderly man performing on the streets to survive, became the focal point of Tuesday’s discussions, with several councilors acknowledging that the city’s existing ordinances may no longer fully reflect present-day realities, particularly with the rise of busking culture and voluntary street donations.

At the center of the debate is City Ordinance No. 1631, Cebu City’s anti-mendicancy ordinance, as well as Presidential Decree No. 1563, the national Anti-Mendicancy Law.

Alcover pointed out that under Section 5 of the city ordinance, mendicants who are 60 years old and above, sickly, or physically infirm should be turned over to the Department of Social Welfare Services (DSWS).

The provision, he stressed, does not specifically mention detention or incarceration for elderly individuals found begging.

“The spirit of the ordinance appears to favor social intervention rather than punitive enforcement,” Alcover told the council.

He also questioned how Vidal ended up inside a detention cell instead of under the care of social workers.

The councilor further called for an investigation into allegations that Vidal was physically abused during his apprehension by personnel from the Cebu City Anti-Mendicancy Office (CCAMO).

“If these allegations are proven true, accountability must follow,” he said.

Councilor Philip Zafra later echoed calls to revisit the ordinance, saying the line between begging and busking has become increasingly blurred.

“If you are busking, you are performing and entertaining the crowd. Voluntary lang na paghatag,” Zafra said during the session.

He noted that Cebu City already has an ordinance regulating busking activities, prompting calls to harmonize the measure with anti-mendicancy regulations to avoid conflicts in enforcement.

Zafra also urged authorities to implement the law with “conscience, fairness, and justice,” especially in cases involving vulnerable individuals.

The councilor proposed referring the issue to the committee on social services, with invitations extended to the DSWS, CCAMO, barangay officials, and the Anti-Mendicancy Board for a comprehensive review of the ordinance.

The proposal was later approved by the council.

Alcover, meanwhile, raised concerns over the Cebu City Anti-Mendicancy Board created under City Ordinance No. 1840, saying the body had reportedly never been convened despite its mandate to formulate intervention programs and policies addressing mendicancy and vulnerable sectors.

According to him, a fully functioning board could have helped establish more responsive systems focused on rehabilitation and welfare instead of purely punitive enforcement.

The controversy surrounding Vidal’s arrest has already prompted action from City Hall.

Earlier, Mayor Nestor Archival announced plans to establish designated busking areas in parks and plazas where street performers can legally play music and receive voluntary donations without fear of arrest.

Archival also confirmed that the city attorney’s office is reviewing whether busking should legally fall under the definition of mendicancy.

At the same time, the mayor ordered CCAMO operations to be documented through video recordings following allegations of abuse during apprehensions.

Vidal was arrested on May 7 after authorities accused him of violating anti-mendicancy laws while playing his harmonica with a can placed nearby for donations.

The incident quickly spread online, drawing sympathy from many Cebuanos who viewed the elderly man’s situation as a reflection of the struggles faced by vulnerable sectors trying to survive.

Although Vidal has since been released, he is still expected to appear in court next month for arraignment.(TGP)