Citing the constitutional mandate on equal protection, the Court of Appeals has declared unconstitutional Mandaluyong City’s Motorcycle Riding-in-Tandem ordinances which ban a male back-rider who is not related to the driver.
The ordinances prohibit all motorcycle riding-in-tandem where the back-rider is a male except where the back-rider is a female, a male relative within the first degree of consanguinity, and children between seven to 10 years of age. Under Section 1, Article III on Bill of Rights of the Constitution, “no person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.”
He pointed out that the city government violated the equal protection clause enshrined in the Constitution because the ordinances discriminate based solely on sex without sufficient justification as to why such a sexist policy is a valid classification. “Further, the City Government of Mandaluyong also failed to prove that the enactment and implementation of the subject ordinances are fair, not discriminatory and not unreasonable,” it said.
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