CA Maintains Abolition of 'Riding-in-Tandem' Restriction in Mandaluyong.

MANILA: The Mandaluyong City regulations that forbade male pillion riders in the city have been declared unlawful by the Court of Appeals (CA), which upheld a previous decision that did so.

The appeal court concluded that the local government unit's arguments for reconsideration were "mere rehashes" that raised issues previously "passed upon by this court" in its first 2021 judgment.

A biker named Dino S. De Leon filed a petition challenging the validity of ordinances Nos. 550 series of 2014, No. 595 series of 2015, and No. 694 series of 2018, which forbid so-called motorcyclists from riding in tandem if the back rider is a man who is not related to the motorcyclists.

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," according to Associate Justice Raymond Lauigan's original decision, which ordered the CA to overturn the Mandaluyong regional trial court's (RTC) decision from July 2020.

A lack of data that motorcycle-riding criminals are males was also cited. “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 court added.

The CA also said there is a 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.”

Photos from File

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