THE Court of Appeals has rejected an appeal by the city government of Mandaluyong seeking reconsideration of its ruling declaring the “riding-in-tandem” ordinance as unconstitutional.
In an April 26, 2023 ruling only made public yesterday, the appellate court said Mandaluyong did not present new arguments to warrant a reversal of its September 28, 2021 ruling against City Ordinances No. 550, S-2014, 595, S-2015, and 694, S-2018.
Those ordinances prohibit males from back-riding on a motorcycle, except if the driver is their first-degree family member or if they are seven to ten years old.
“After a careful evaluation of respondent-appellees’ Motion for Reconsideration, the same shows that the grounds raised therein are mere rehash of matters already considered and passed upon by this Court. Jurisprudence provides that when issues raised are mere rehash of the issues already considered and resolved, they should not be dwelt with anymore since there is failure to raise any new or substantial legitimate ground or reason to justify the reconsideration sought” the resolution penned by Associate Justice Raymond Reynold Lauigan said.
Concurring with the ruling were Associate Justices Ramon Bato Jr. and Pablito Perez.
“We are one in preventing crimes for the City of Mandaluyong’s peace and order. 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,” the CA ruling said.
In its original ruling, the appellate court stressed that the city ordinances violated the equal protection clause of the Constitution and that there is no proof that male back-riders are more susceptible to commit crimes as opposed to female back-riders.
The CA ruled that there is no legal distinction between a male and female back-rider when it comes to addressing or preventing crimes committed by “riding in tandem” suspects.
The appellate court likewise said the city government did not show proof that it tried other means to suppress crimes perpetrated by riding in tandem suspects.
The ruling reversed the July 1, 2020 decision issued by Mandaluyong City Regional Trial Court Branch 59 Judge Flordeliza Silao on the petition filed by public interest lawyer Dino De Leon questioning the basis of the ordinances.
In his petition, De Leon said the legislation violates the equal protection clause under the Constitution for discrimination based on gender without empirical evidence as well as the due process requirement for the exercise
