By Benjamin Pulta / Philippine News Agency
The Court of Appeals (CA) has declared unconstitutional a series of local legislation passed by Mandaluyong City, collectively known as the Motorcycle Riding-in-Tandem Ordinances.
In a 26-page decision dated Sept. 28 and penned by Associate Justice Raymond Lauigan, the appellate court’s Fifth Division reversed and set aside the July 2020 decision of the Mandaluyong regional trial court (RTC) Branch 212 in the case filed by Dino de Leon for violation of Ordinance 550, series of 2014; 515, S-2015; and 694, S-2018.
In reversing the Mandaluyong RTC, the CA said 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” [sic].
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) – jlo
