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CA voids Mandaluyong ordinance vs male RIT

October 27, 2021 Hector Lawas 251 views

THE Court of Appeals (CA) has struck down a Mandaluyong City ordinance, and its ancillary issuances, prohibiting male riding-in-tandem (RIT) who are not first-degree relatives from riding a motorcycle within city limits, for being unconstitutional.

In a 26-page decision promulgated September 28, 2021 but was released on Wednesday, the CA 5th Division prohibited Mandaluyong City and all persons and entities acting on its behalf or under its authority from enforcing Mandaluyong City Ordinance No. 550, S-2014; 595, S-2015; and 694, S-2018.

“To summarize, the subject ordinances are unconstitutional because: they are oppressive and go beyond what is reasonably necessary for the accomplishment of the purpose that respondent-appellee City of Mandaluyong aspires,” the CA said.

According to the appellate court, the ordinances” arbitrarily limit the movement and mode of transportation of male back riders even there is no direct link or statistical data to show that motorcycle riding criminals are males. ”

The CA also pointed out that the City of Mandaluyong failed to show that there was no other alternative to curb traffic congestion which are less intrusive of private rights.

“.. there is failure to show that the subject ordinances are fair, not discriminatory and not unreasonable. The subject ordinances violated the Rule on Equal Protection..” the CA said.

In a nutshell, Mandaluyong City Ordinance 550 outlaws two males who are not first-degree relatives from riding a motorcycle in the city.

If two men were on-board a motorcycle, they will be required to present identifications proving that they are related.

Female or children passengers are exempted from the ordinance.

A fine of P1,000 will be imposed for the first offense, P2,000 for second offense, and P3,000 for third offense.

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