Despicable double trouble: A study on the constitutionality of banning backriders

• Main Authors: Cigaral, Regina Coeli P., Mirador, Patricia Therese C.
• Format: text
• Language: English
• Published: Animo Repository 2021
• Subjects: Motorcyclists > Legal status, laws, etc. > Philippines > Mandaluyong City; Motorcycling—Law and legislation > Philippines > Mandaluyong City; Crime prevention > Philippines > Mandaluyong City; Transportation Law
• Online Access: https://animorepository.dlsu.edu.ph/etd_bachelors/5651
• Institution: De La Salle University

The purpose of this research is to determine the constitutionality of the recently passed ordinance in Mandaluyong City, ordinance no. 550. The said ordinance aims to lessen criminal activities committed through the use of motorcycles by banning male backriders from riding this particular mode of transportation, unless proven to be a relative within the first degrees of consanguinity of the driver, within the boundaries of Mandaluyong City. Having said this, city ordinance no. 550 poses a problem situation for possibly violating the basic human rights of the people enshrined in the Bill of Rights of the 1987 Philippine Constitution.As the study progresses, two opposing schools of thought were weighed by the researchers: on the one hand, the local government of Mandaluyong City has the inherent power to regulate people's liberty and property for the general welfare, which is called police power on the other hand, every individual has human rights protected by the constitution which should be respected by the state.In answering the main research question, the researchers used the hierarchy of laws and legal philosophy as research frameworks and evaluation of existing legal theory and comparative approach as research methodologies.