Court of Appeals Declares Ordinance Banning Male Back Riders as Unconstitutional
The Court of Appeals has declared the Mandaluyong City ordinances prohibiting male back riders on motorcycles as unconstitutional.
Associate Justice Raymond Reynold Lauigan together with concurrences from Associate Justices Ramon Bato Jr. and Pablito Perez signed the decision declaring the ordinance as unconstitutional.
The CA said that the ordinance allegedly violated the on equal protection. The ordinance bans male back riders who are not driver’s relatives. Only women, relative, family member and child are allowed to back ride.
CA’s fifth decision also granted the appeal of Dino de Leon who has been sued for being a back rider of a transportation hailing application Angkas last March 2019.
“Mandaluyong City Ordinance Nos. 550, S-2014, S-2015 and 694, S-2018, are hereby declared unconstitutional, 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, S-2015 and 694, S-2018,” the decision reads.
The ordinance also read that most motorcycle riding-in-tandem where males.
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“The records further disclose the fact that most of these motorcycle riding criminals are males and they ride in tandem using a single motorcycle, in a conspiracy with another motorcycle riding malefactor/s,” the ordinance read.
The CA also demands right to equal protection that will require public bodies and institutions to treat everyone in a similar manner without showing favoritism. Treating one class differently is considered as unfair.
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