CA upholds ruling vs. Mandaluyong ban on male back riders on motorcycles

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Metro Manila (CNN Philippines, May 18) – The Court of Appeals (CA) has denied the Mandaluyong City’s appeal to reconsider its earlier ruling declaring the city’s three ordinances banning male back riders on motorcycles as “unconstitutional.”

In its decision released on Thursday, the appellate court said the city government failed to provide sufficient evidence to challenge its earlier ruling and justify the reconsideration sought.

Mandaluyong City Ordinance Nos. 550 S-2014, 595 S-2015, and 694 S-2018 prohibit males from back riding on motorcycles, except if he is within the first degree of consanguinity of the driver or if he is seven to 10 years old.

The city said the ordinances were prompted by the increasing rate of crimes perpetuated by assailants "riding-in-tandem" on motorcycles.

READ: CA: Mandaluyong ordinances vs male backriders on motorcycles 'unconstitutional'

The case against the ordinances started when lawyer Dino de Leon filed a petition after he was apprehended and sued for riding on the back of a motorcycle in March 2019.

A Mandaluyong court dismissed his appeal for “lack of merit” in 2020. After being denied of his motion for reconsideration, de Leon asked the CA to review and reverse the lower court’s decision.

The CA then ruled that the ordinances were “oppressive” as there is no statistical data presented before the court to show that motorycle-riding criminals are males. Lack of merit was also the same reason why the court retained its decision and denied the city’s motion for reconsideration.

It said it did not find a compelling reason to disturb its earlier decision as the grounds raised in the appeal are “mere rehash of matters already considered and passed upon.”

“We are one in preventing crimes for the City of Mandaluyong’s peace and order,” the Court of Appeals said. “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.”