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CA upholds junking of Mandaluyong's 'riding-in-tandem' ban

CA upholds junking of Mandaluyong's 'riding-in-tandem' ban
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Mandaluyong City , Justice Raymond Lauigan , Associate Justice Raymond Lauigan ,

CA declares Mandaluyong's riding in tandem ban unconstitutional

(File photo) MANILA - The Court of Appeals (CA) has declared unconstitutional a series of local legislation passed by Mandaluyong City, collectively known as the Motorcycle Riding-in-Tandem Ordinances. In a 26-page decision dated Sept. 28 and penned by Associate Justice Raymond Lauigan, the appellate court's Fifth Division reversed and set aside the July 2020 decision of the Mandaluyong regional trial court (RTC) Branch 212 in the case filed by Dino de Leon for violation of Ordinance 550,S-2014; 515,S-2015; and 694,S-2018. In reversing the Mandaluyong RTC, the CA said the subject ordinances are "unconstitutional because they are oppressive and go beyond what is reasonably necessary for the accomplishment of the purpose that the City of Mandaluyong aspires." The ordinances, the court added, "arbitrarily limit the movement and mode of transportation of male back riders even though there is no direct link or available statistical data presented to show that motorcycle r ....

Mandaluyong City , Justice Raymond Lauigan , Motorcycle Riding In Tandem , Associate Justice Raymond Lauigan , Fifth Division , Dino De Leon , Ile Photo Manila The Court Of Appeals Ca Has Declared Unconstitutionala Series Local Legislation Passed By Mandaluyong City , Ollectively Known As The Motorcycle Riding In Tandem Ordinances Ina 26 Page Decision Dated Sept 28 And Penned By Associate Justice Raymond Lauigan , He Appellate Court 39s Fifth Division Reversed And Set Aside The July 2020 Decision Of Mandaluyong Regional Trial Rtc Branch 212 In Case Filed By Dino De Leon For Violation Ordinance 550 , S 2014 515 , S 2015 And 694 , S 2018 In Reversing The Mandaluyong Rtc , He Ca Said The Subject Ordinances Are Quot Unconstitutional Because They Oppressive And Go Beyond What Is Reasonably Necessary For Accomplishment Of Purpose That City Mandaluyong Aspires , He Court Added , Uot Arbitrarily Limit The Movement And Mode Of Transportation Male Back Riders Even Though There Is No Direct Link Or Available Statistical Data Presented To Show That Motorcycle Riding Criminals Are Males Quot Ca Also Said Failure Other Alternatives For Accomplishment Purpose Which Less Intrusive Private Rights Anda Subject Ordinances Fair , Not Discriminatory , Nd Not Unreasonable The Appellate Court Said Ordinances Are Quot Discriminatory Both As To Gender And Use Of Motorcycles Asa Mode Transportation Depended On Broad Generalizations Pna ,