The Court of Appeals (CA) has retained its earlier decision to mark as unconstitutional the “riding-in-tandem” ordinance of Mandaluyong City.
According to Mandaluyong City Ordinance Nos. 550 series of 2014, 595 series of 2015, and 694 series of 2018 males are prohibited from back-riding on a motorcycle, except if the driver is their first-degree family member or the back-rider is seven to 10 years old.
In 2019, lawyer Dino De Leon was apprehended on while he was on board a motorcycle-ride-hailing service Angkas for violating Mandaluyong City’s rule known as the Motorcycle Riding-in-Tandem Ordinance.
Further, De Leon filed a petition against the constitutionality of the amended ordinance, asking for a restraining order in its implementation.
However, a Mandaluyong City court dismissed De Leon’s petition and subsequent motion for reconsideration, which led him to take the case to the CA.
In 2021, the CA denied the lower court’s decision noting that no legal distinction exists between a male and female back rider when addressing or preventing crimes committed by “riding in tandem” suspects.
Moreover, it stressed that the ordinance is oppressive because it limits male back riders’ movement and mode of transportation.
