Mandaluyong riding-in-tandem ordinance
| Motorcycle Riding-in-Tandem Ordinance | |
|---|---|
 | |
| Mandaluyong City Council | |
| |
| Citation | Ordinance No. 550 |
| Territorial extent | Mandaluyong |
| Enacted | August 13, 2014 |
| Signed by | Mayor Benhur Abalos |
| Effective | September 4, 2014 |
| Amended by | |
| Ordinance No. 595 S-2015 Ordinance No. 694 S-2018 | |
| Status: Halted | |
The Motorcycle Riding-in-Tandem Ordinance is an ordinance enacted by the City Council (Sangguniang Panlungsod) of Mandaluyong, a city in Metro Manila, Philippines.
It was enacted as a counter-measure against snatch thievery and other crimes by restricting motorcycle pillion riding, which is colloquially known as "riding in tandem" in the Philippines. Male back riders with certain exceptions is penalized by the city government.
Legislative history
[edit]The Motorcycle Riding-in-Tandem Ordinance of Mandaluyong or Ordinance No. 550 was signed into law by Mayor Benhur Abalos on August 13, 2014.[1] According to Abalos, the ordinance is patterned after similar measures in Colombia, particularly in Medellín.[2][3]
It was touted as an anti-crime legislation by regulating pillion riding or "riding in tandem". It was proposed under the measure that two males who are not relatives would not be allowed to ride a motorcycle together.[1]
The original draft required every rider regardless of gender to provide proof, such as identity documents, establishing familial ties. The provision on requiring to provide proof was changed to only apply to males.[4]
Ordinance No. 550 was intended to last only for six months which is considered as a pilot run for this policy.[4] Ordinance Nos. 595 (2015) and 694 (2018) were later passed to extend the riding-in-tandem policy.
Ordinance
[edit]
The law regulated pillion riding or "riding in tandem" motorcycle travelling. The law penalized adult male back riders who are not a first-degree relative to the front rider. Motorcycle riders are advised to bring identity documents as proof of familial ties in case of apprehension.[5]
| Back rider (pillion rider) | Legality |
|---|---|
| Male | Illegal |
| Male (first-degree relative of rider) | Legal |
| Child (7–10 years of age) | Legal |
| Female | Legal |
People from the Philippine National Police Tactical and Mobile Unit assigned and detailed in Mandaluyong are also exempted from the ordinance's restrictions.[6]
| Offense | Penalty |
|---|---|
| 1st offense | ₱1,000 fine |
| 2nd offense | ₱2,000 fine |
| 3rd offense | ₱3,000 fine |
| 4th offense | ₱3,000 fine and 3 months imprisonment |
Implementation
[edit]The ordinance's implementation began on September 4, 2014. The initial implementation or the "pilot-run" lasted for six months.[5] The Philippine National Police's (PNP) Highway Patrol Group supported the measure.[7] Motorcycle groups such as the Motorcycle Development Program Participants Association and Motorcycle Rights Organization, meanwhile opposed the ordinance saying that increased police visibility and more efficient checkpoints is the approach that should be done to combat motorcycle related crimes.[8] The ordinance was labeled as sexist by its detractors.[9]
No successful riding-in-tandem crime was committed until December 2014 when two men sharing a motorcycle snatched a woman's bag at Maysilo Circle.[10]
The pilot run ended in March 2015. The riding-in-tandem policy would be extended by three years through the passage of Ordinance No. 595.[11] Ordinance No. 694 was passed in 2018 after the expiry of Ordinance No. 595.
In September 2019, the PNP attributed the ordinance as one of the causes for lowered crime rate in Mandaluyong.[12]
Legal challenge
[edit]Shortly after the implementation of the ordinance, the Motorcycle Rights Organization has expressed willingness to take its issues with the ordinance to court.[8]
Dino de Leon, would file a case before the Mandaluyong Regional Trial Court (RTC) Branch 59 in July 2019 aiming to have Mandaluyong's riding-in-tandem ordinance as unconstitutional and discriminatory towards males. De Leon, a public interest lawyer, was apprehended and fined under the ordinance while riding a motorcycle taxi operating under hailing app Angkas near a shopping mall at the Ortigas Center on March 7, 2019.[9][13]
The RTC would dismiss the case on July 1, 2020[14] ruling that the city government did not commit grave abuse of discretion.[9] The case would be referred to the Court of Appeals (CA) which disagreed with the RTC ruling. In October 2021, the CA found the ordinance "is an oppressive measure that goes beyond what is reasonably necessary for the accomplishment of the purpose." and that there "no proof that male backriders are more susceptible to commit crimes as opposed to female backriders". It also ruled that it violates the rule on equal protection as it finds the ordinance as "discriminatory both as to gender and as to the use of motorcycles as a mode of transportation and dependent on broad generalizations."[9]
The Mandaluyong city government wanted to rule the case as moot since prevailing community quarantine measures due to the COVID-19 pandemic bares backriders anyway. The CA pointed out that the non-implementation of the ordinance is a temporary one.[9]
In May 2023, the CA reaffirmed its earlier ruling and denied the motion for reconsideration filed by the Mandaluyong government.[6]
The ruling covered Ordinance No. 550 S-2014 and amending ordinances Nos. 595 S-2015, and 694 S-2018[14]
De Leon would urge Mandaluyong to refund the ₱2,000 fine collected from around 100,000 offending riders under the contested ordinance.[15]
Similar ordinances elsewhere in the Philippines
[edit]In 2015, the municipality of Bangued in Abra passed a riding in tandem ordinance patterned after Mandaluyong's.[16][17] During that same year, Bacoor introduced their own "Anti Riding-in-Tandem Ordinance," which imposed fines ranging from ₱3,000 for the initial offense to ₱5,000, along with a maximum imprisonment of 6 months for the third offense.[18] In 2017, Bacolod implemented an ordinance that prohibited motorcycle drivers and their back riders from riding together on any day between 9 p.m. and 4 a.m.[19]
In 2018, a draft bill on riding on tandem was filed in the city council of Caloocan.[20]
References
[edit]- ^ a b Ermitanio, Noli A. (September 5, 2014). "Over 130 male bikers discover Mandaluyong ban 'no longer a joke'". Philippine Daily Inquirer. Retrieved June 25, 2023.
- ^ Sabillo, Kristine Angeli (September 4, 2014). "Mandaluyong channels Colombia law vs men riding-in-tandem". Philippine Daily Inquirer. Retrieved June 25, 2023.
- ^ Daniels, Joe Parkin (January 26, 2018). "Colombia motorbike ban: Bogotá mayor forbids pillion riders in bid to curb crime". The Guardian. Retrieved June 25, 2023.
In 2014, Medellín banned men from riding as passengers between 8am and midnight, and the city government said the measure had caused a drastic reduction in motorbike murders.
- ^ a b Gamil, Jaymee; Hidalgo, Vanessa (August 7, 2014). "Mandaluyong law vs bike-riding criminals restricts male riders only". Philippine Daily Inquirer. Retrieved June 25, 2023.
- ^ a b c Layson, Mer (August 31, 2014). "Ordinansa sa riding in tandem, ipatutupad na sa Mandaluyong" [Ordinance regarding riding in tandem, to be implemented in Mandaluyong]. Pilipino Star Ngayon (in Filipino). Philstar Global. Retrieved June 25, 2023.
- ^ a b Panaligan, Rey (May 18, 2023). "CA affirms unconstitutionality of motorcycle riding-in-tandem ordinances in Mandaluyong City". Manila Bulletin. Retrieved June 25, 2023.
- ^ a b PNP backs Mandaluyong riding-in-tandem rule. Bandila (Television production) (in Filipino). ABS-CBN. September 5, 2014. Archived from the original on September 9, 2014 – via YouTube.
- ^ a b Motorcycle groups cite human rights vs Mandaluyong ordinance. TV Patrol (Television production) (in Filipino). ABS-CBN. September 5, 2014. Archived from the original on September 10, 2014 – via YouTube.
- ^ a b c d e Buan, Lian (October 27, 2021). "CA: Mandaluyong rule vs male backrider unconstitutional". Rappler. Retrieved June 25, 2023.
- ^ Yee, Jovic (December 2, 2014). "Motorcycle-riding men snatch lady's bag in Mandaluyong, skirt 'riding-tandem' ban". Philippine Daily Inquirer. Retrieved June 25, 2023.
- ^ Pagbabawal sa riding-in-tandem sa Mandaluyong, 3 taong ipatutupad [Ban on riding-in-tandem in Mandaluyong, to be implemented for three years]. TV Patrol (Television production) (in Filipino). ABS-CBN. April 25, 2015. Archived from the original on July 17, 2017 – via YouTube.
- ^ PNP backs Mandaluyong riding-in-tandem rule. Unang Balita (Television production) (in Filipino). GMA Integrated News. September 23, 2019 – via YouTube.
- ^ Fuentes, Art (August 5, 2019). "Angkas user challenges legality of Mandaluyong rule on 'riding in tandem'". ABS-CBN News. Retrieved June 25, 2023.
- ^ a b Requejo, Rey (October 27, 2021). "CA strikes down Mandaluyong's 3 ordinances on riding-in-tandem". Manila Standard. Retrieved June 25, 2023.
- ^ Relativo, James (October 28, 2021). "P200M pinapasauli sa mga boys na nag-'back ride' sa Mandaluyong" [P200M urged to be refunded to boys who 'back rided' in Mandaluyong]. Philstar Global (in Filipino). Retrieved June 25, 2023.
- ^ See, Dexter A. (May 9, 2015). "Abra town to regulate riding in tandem". Herald Express. Retrieved June 25, 2023.
- ^ "Riding-in-tandem law lowers criminality in Abra". Sunstar. November 10, 2015. Retrieved June 25, 2023.
- ^ "City Ordinance No. CO 57A-2015" (PDF). City of Bacoor. December 7, 2015.
- ^ Pedrosa, Merlinda A. (February 27, 2021). "Police urged to enforce 'riding-in-tandem' ordinance". SUNSTAR. Retrieved June 26, 2023.
- ^ Subingsubing, Krixia (April 27, 2018). "To deter killings, Caloocan mulls rules on riding tandem". Philippine Daily Inquirer. Retrieved June 25, 2023.