CA upholds illegality of Mandaluyong’s RIT ordinance
THE Mandaluyong City’s motion for reconsideration regarding the constitutionality of the “riding-in-tandem” ordinance was denied by the Court of Appeals (CA) for lack of merit.
The appellate court ruled that the grounds presented by Mandaluyong City were previously addressed and dismissed.
The resolution, dated April 26 but made public on Thursday, stated that the CA remains committed to preventing crimes and maintaining peace and order in the city.
However, it emphasized that the provisions outlined in the ordinances exceeded what was necessary to achieve the city government’s objectives.
“We find no cogent reason to disturb our earlier decision (September 28, 2021),” the CA stated.
In its 2021 decision, the CA’s 5th Division banned the enforcement of Mandaluyong City Ordinance No. 550, S-2014; 595, S-2015; and 694, S-2018, for the city and any individuals or entities acting on its behalf or under its authority.
The CA determined that the subject ordinances were unconstitutional due to their oppressive nature and excessive measures that went beyond what was reasonably necessary for Mandaluyong City’s goals.
It also highlighted that the ordinances arbitrarily restricted the movement and mode of transportation for male back riders, without sufficient evidence to establish a direct correlation between male motorcycle riders and criminal activity.
Additionally, the CA pointed out that the city government failed to demonstrate the absence of less intrusive alternatives to alleviate traffic congestion.
