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CA declares Mandaluyong’s ‘riding-in-tandem’ ordinance unconstitutional

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Mike Navallo, ABS-CBN News

<h3>Mandaluyong mayor to raise case to Supreme Court</h3><p>MANILA <strong>(UPDATED) </strong>— An Angkas-riding lawyer who was fined and prosecuted for violating Mandaluyong City’s “riding-in-tandem” ordinances has successfully challenged the measures in court.</p><blockquote class="twitter-tweet"><p dir="ltr" lang="en">CA has struck down as unconstitutional some Mandaluyong city ordinances banning male back riders on motorcycles or the so-called &quot;riding-in-tandem&quot; ordinances. CA says ordinances were oppressive and arbitrary as no data was shown that motorcycle riding criminals are males. <a href="https://t.co/JfuJWG9toD">pic.twitter.com/JfuJWG9toD</a></p>— Mike Navallo (@mikenavallo) <a href="https://twitter.com/mikenavallo/status/1453150562313068549?ref_src=twsrc%5Etfw">October 27, 2021</a></blockquote><div><script async="" src="https://platform.twitter.com/widgets.js" charSet="utf-8" type="text/javascript"></script></div><p>Lawyer Dino De Leon secured a victory at the Court of Appeals with the appellate court declaring unconstitutional the ordinances prohibiting male back riders on board motorcycles for being oppressive, arbitrary and discriminatory.</p><p>“Respondent-appellee City of Mandaluyong, and all persons or entities acting on its behalf or under its authority, are prohibited from enforcing and implementing Mandaluyong City Ordinance No. 550, S-2014, 595, S-2015 and 694, S-2018,” the CA said in a September 28 decision.</p><div><strong>WHAT HAPPENED</strong></div><p>De Leon was caught in March 2019 while passing through a mall in Mandaluyong on board a motorcycle. He was fined and a criminal case was filed against him for violating the ordinance.</p><ul class="op-related-articles">	<li><a href="https://news.abs-cbn.com/news/08/05/19/angkas-user-challenges-legality-of-mandaluyong-rule-on-riding-in-tandem">Angkas user challenges legality of Mandaluyong rule on &#x27;riding in tandem&#x27;</a></li></ul><p>He questioned the constitutionality of the ordinances and sought to stop their implementation before a Mandaluyong regional trial court but his petition was dismissed due to lack of merit in July last year. </p><p>On appeal, the CA reversed the dismissal.</p><div><strong>CA RULING</strong></div><p>The Court of Appeals said the ordinances were oppressive and arbitrary as no data was shown that motorcycle riding criminals are males.</p><p>The Mandaluyong ordinances only allow a female back rider, a spouse or a male relative within the first degree of consanguinity and a child between 7 to 10 years old.</p><p>Members of the Philippine National Police Tactical and Mobile Unit assigned in Mandaluyong and the Station Tactical Motorist Reaction Unit, in the performance of their duties, were also exempted from the ordinance. </p><p>Violators are fined P3,000 or meted 3-month imprisonment or both.</p><p>The ordinances effectively banned male back riders unless they can prove their relationship to the motorcycle driver or if they fall within the exceptions.</p><p>“We find that imposing an encompassing prohibition against male back riders is an oppressive measure that goes beyond what is reasonably necessary for the accomplishment of the purpose that respondent-appellee City of Mandaluyong aspires which is to suppress lawlessness, disorder and violence…,” CA Associate Justice Raymond Reynold Lauigan said.</p><p>Fellow-justices Ramon Bato, Jr. and Pablito Perez concurred.</p><p>A police power measure, such as Mandaluyong’s riding-in-tandem ordinances, must show that the interest of general public requires interference with private rights and that there must be a reasonable relation between the purpose of the police measure and the means employed for its accomplishment.</p><p>CA faulted the Mandaluyong City government for failing to show that there are “no other alternative means with less intrusive measures” to achieve the goal.</p><p>The appellate court also said the ordinances violated the equal protection clause of the Constitution, which requires that those similarly situated should be treated alike and only a substantial distinction will justify difference in treatment.</p><p>The measures, according to the court, were discriminatory on two fronts: on gender and on the use of motorcycles.</p><p>It noted that the discrimination based on gender is not substantially related to the government objectives indicated in the ordinances, which relied on a mere generalization that most of the motorcycle riding criminals are males. </p><p>“The classification is invalid as similar subjects who may commit crimes using the motorcycle are not similarly treated, both as to rights conferred and obligations imposed,” it said. </p><p>“The use of motorcycles, as compared to other motor vehicles and cars, as a favorite means used by criminals, as claimed by respondent-appellee City of Mandaluyong, is a sweeping generalization that did not justify the limitations imposed on the full use of the motorcycle as the owners deem fit. The subject ordinances are unreasonable and oppressive as they substantially divest the owners of motorcycles of the beneficial use of their property,” the CA added.</p><p>Part of the Mandaluyong City government’s defense was that the &quot;riding-in-tandem&quot; ordinances have been suspended during the community quarantine period. </p><p>But CA decided to rule on the constitutionality of the ordinances because the suspension was only temporary.</p><div><strong>REACTION</strong></div><p>In a statement reacting to the ruling, De Leon said it is important to question government policies and demand for a refund of the fines paid.</p><p>“Ordinary citizens must push back against oppressive policies. The City of Mandaluyong must return the money they illegally collected through an unconstitutional measure. Per last information, halos 200 million pesos na ang nakalap nilang pera sa mapang-api at abusadong ordinansa na ito,” he said.</p><p>&quot;They should voluntary return the money they illegally collected. Otherwise, we will be constrained to take them to court once again,” he added.</p><p>Mandaluyong Mayor Menchie Abalos, in a message to ABS-CBN News, said they will elevate the case to the Supreme Court.</p><p>The ordinance, she said, &quot;greatly improved&quot; the city&#x27;s peace and order situation since it was implemented. </p><p>It is still suspended though due to the COVID-19 pandemic. </p><p>&quot;During that time, there was a prevalence of crimes perpetrated by those who were riding in tandem. Hence, this became the basis of our ordinance. We hope that our Supreme Court would carefully reconsider the wisdom behind the ordinance,&quot; said Abalos.</p><figure class="op-interactive"><iframe allow="autoplay; fullscreen" frameBorder="0" height="100%" id="ivsplayer01" scrolling="no" src="https://player.ivideosmart.com/ivsplayer/v4/dist/html/iframe-src.html?iframeid=ivsplayer01&amp;key=e8c22c015ca9eafa76f1e3edfa03c603&amp;spid=3001339&amp;vid=1532246" width="100%"></iframe></figure><div class="iwantbar">Watch more in <a href="//www.iwantv.com.ph/">iWantv</a> or <a href="//tfc.tv/">TFC.tv</a></div><p>But CA decided to rule on the constitutionality of the ordinances because the suspension was only temporary.</p><div><strong>REACTION</strong></div><p>In a statement reacting to the ruling, De Leon said it is important to question government policies and demand for a refund of the fines paid.</p><p>“Ordinary citizens must push back against oppressive policies. The City of Mandaluyong must return the money they illegally collected through an unconstitutional measure. Per last information, halos 200 million pesos na ang nakalap nilang pera sa mapang-api at abusadong ordinansa na ito,” he said.</p><p>&quot;They should voluntary return the money they illegally collected. Otherwise, we will be constrained to take them to court once again,” he added.</p><p>ABS-CBN News is still trying to reach out to the Mandaluyong City government for its reaction to the ruling.</p>

An Angkas-riding lawyer who was fined and prosecuted for violating Mandaluyong City’s 'riding-in-tandem' ordinances has successfully challenged the measures in court.

CA declares Mandaluyong’s ‘riding-in-tandem’ ordinance unconstitutional

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CA declares Mandaluyong’s ‘riding-in-tandem’ ordinance unconstitutional

Mike Navallo,

ABS-CBN News

Published Oct 27, 2021 11:06 AM PHT

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Updated Oct 27, 2021 06:25 PM PHT

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Angkas

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Atty. Dino de Leon

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