CA upholds junking of Mandaluyong’s ‘riding-in-tandem’ ban

By Benjamin Pulta

May 18, 2023, 8:39 pm

<p><em>(File photo) </em></p>

(File photo) 

MANILA – The Court of Appeals (CA) has upheld its earlier ruling striking down as unconstitutional the ordinances passed by the Mandaluyong City outlawing male pillion riders in the city.

In its resolution, the appellate court said the motions for reconsideration filed by the LGU (local government unit) were “mere rehash” and brought up points already “passed upon by this court” in its original 2021 decision.

Dino S. De Leon, a motorcycle rider, filed a petition questioning ordinances No. 550 series of 2014, No. 595, series of 2015 and No. 694, series of 2018 which prohibit so-called motorcyclists riding in tandem if the back rider is a male and unrelated to the motorcyclists.

In the original decision by Associate Justice Raymond Lauigan, the CA set aside the July 2020 decision of the Mandaluyong regional trial court (RTC) and ruled that the subject ordinances are “unconstitutional because they are oppressive and go beyond what is reasonably necessary for the accomplishment of the purpose that the City of Mandaluyong aspires.”

The ordinances, the court added, “arbitrarily limit the movement and mode of transportation of male back riders even though there is no direct link or available statistical data presented to show that motorcycle riding criminals are males.”

The CA also said there is failure to show that there are no other alternatives for the accomplishment of the purpose which are less intrusive of private rights and a failure to show that the subject ordinances are fair, not discriminatory and not unreasonable.

The appellate court said the ordinances are “discriminatory both as to gender and as to the use of motorcycles as a mode of transportation and depended on broad generalizations.” (PNA)