The Commission on Human Rights (CHR) has reminded local government units (LGUs) that all persons have equal rights and the equality should always be considered in passing ordinances particularly those with penal provisions.

It said that the Constitution is the mother of all laws and should always be taken into consideration when crafting ordinances and laws.

The CHR’s reminder to LGUs was issued as it welcomed the Court of Appeals’ (CA) decision that declared unconstitutional Mandaluyong City’s Motorcycle Riding-in-Tandem ordinances which prohibit a male back-rider who is not related to the driver.

“It is clear in this case, and as concluded by the CA, that there was no clear basis of the distinction made in allowing women and not men to back ride in motorcycles in Mandaluyong,” CHR Spokesperson Jacqueline Ann de Guia said in a statement.

De Guia, a lawyer, said it was unclear for the CHR how the adoption of the ordinances could address the intent of the law, which is to address the increasing number of crimes associated with those riding in tandem.

“The measure is thus aptly declared as oppressive and arbitrary,” she stressed.

In a decision written by Associate Justice Raymond Reynold R. Lauigan, the CA stopped Mandaluyong City from enforcing and implementing Ordinance Nos. 550 S-2014, 595 S-2015, and 694 S-2018 on riding-in-tandem.

The decision granted the petition of Angkas rider Dino S. De Leon who challenged the constitutionality of the ordinances and pleaded to stop his prosecution for violations.

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.

Exempted from the provisions of the ordinances are members of the Philippine National Police Tactical and Mobile Unit assigned or detailed in Mandaluyong City.

The CA said equal protection requires that all persons or things similarly situated to be treated alike. It stopped Mandaluyong City from enforcing and implementing the three ordinances.

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.”

De Guia said: “The Commission affirms a basic tenet, that all persons are born equal in dignity and rights; all must be treated equally before the law, and when there is no basis for valid classification that allows the difference in treatment, no clear need to adopt affirmative actions to address the situation of marginalized and disadvantaged groups, then it is only fitting that measures that create distinctions solely on the basis of sex and no other, should be stricken down.”

“This is especially so when measures impose criminal liabilities and expose individuals to violation of their right to liberty and security,” she added.