MANILA, Philippines — The Mandaluyong government was asked yesterday to return millions of pesos in accumulated fines collected from male backriders since 2014 after the Court of Appeals (CA) declared the city’s policy prohibiting men from backriding on motorcycles unconstitutional.
Dino de Leon, who filed a lawsuit against the local government in 2019 after he was apprehended for riding pillion in the city, said the P2,000 fine for male backriders who have no efficient options for transport amid the perennial traffic jams in Metro Manila was unreasonable.
De Leon said Mandaluyong has collected around P200 million in fines from about 100,000 motorcycle passengers since the ordinance was enacted in 2014.
“These fines should be returned to the passengers,” De Leon said in an interview on ANC. “It’s as if the poorest of the poor are not being understood by the city of Mandaluyong and instead of providing them alternatives, the local government is making it more difficult and costly for commuters to survive every day.”
De Leon described the P200 million in fines collected by the city government as “extortion based on an unconstitutional policy.”
The ordinance, which was approved by the city council to address gun violence and crimes committed by persons on motorcycles, has been assailed by commuters who need to go to Mandaluyong or pass through its roads using motorcycle taxi services.
De Leon filed a complaint before the Mandaluyong Regional Trial Court after he was pulled over and fined for backriding on an Angkas motorcycle on March 7, 2019. The RTC dismissed the case.
De Leon won an appeal before the CA, which declared the policy unconstitutional, oppressive, arbitrary and discriminatory.
“This is important to me, to us because that money I paid for violating the ordinance was hard-earned. That was my salary for 14 days, 15 days, and they just took it. I did not have a choice. It’s very painful,” he said.
Mandaluyong Mayor Menchie Abalos earlier said they would appeal the CA decision before the Supreme Court.