Prohibiting male backriders in Mandaluyong still unconstitutional

The Court of Appeals (CA) has recently denied the plea of the City of Mandaluyong to reconsider its 2021 decision declaring Ordinances No. 550, S-2014, No. 595 S-2015 and No. 694, S-2018, unconstitutional.

The said ordinances, aka Riding-in-Tandem rule, were declared unconstitutional in a 26-page decision by the CA in September of 2021. “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 limitation 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.”

In its appeal, the City of Mandaluyong argued that the petitioner failed to identify the persons who gravely abused their discretion and the acts committed that can be considered as grave abuse of discretion. The city also maintained that the ordinance is not excessive, oppressive and unreasonable but is a valid exercise of police power.

The CA, in a resolution dated April 26 (but was only made public recently), said that the grounds raised by the City of Mandaluyong are just a “mere rehash already considered and passed upon by this Court.”

“We are one in preventing crimes for the City of Mandaluyong’s peace and order. However, we cannot uphold the constitutionality of the subject ordinances when, among other things, the mechanisms provided therein are beyond what is necessary to accomplish the purpose that the City of Mandaluyong aspires,” said the CA.