2015 MALCOLM CONSTITUTIONAL LAW MOOT COURT COMPETITION

Compromis
University of the Philippines, College of Law
Compromis by Jesus Nicardo M. Falcis III (Juris Doctor, UP Law 2014)

CONSTITUTIONALITY OF THE ORDINANCE

PROHIBITING RIDING-IN-TANDEMS

1. The City of Damaygulong recorded 420 various crimes, such as theft,

robbery, and murder, which were committed by motorcycle riding-intandems from January to March 2012. During the same period in 2013, the
number of similar crimes increased to 525.
2. The Sangguniang Panglungsod ng Damaygulong adopted and approved City
Ordinance No. 010-2014, entitled An Ordinance to Prevent the Rise of
Riding-in-Tandem Crimes on January 10, 2014.
3. The ordinance prohibits two men from riding in tandem. However, it does not
prohibit a man and his son from riding together, regardless of the sons age.
The ordinance penalizes the first offense with a fine, a second offense with
confiscation of the motorcycle, and a third offense with imprisonment.
4. The ordinance was posted at Damaygulong City Hall for three consecutive
weeks from January 10 to January 31, 2014 and published in the
Damaygulong Daily Inquirer on January 30, 2014. The City of Damaygulong
put up big billboards in its major roads to inform the public.
5. The Leather Gay Biker Troopers (LGBT) is an association that specializes in
selling motorcycles to gay leather enthusiasts. It hosts an annual gathering
of motorcycle riders that includes both straight and gay couples. The

gathering culminates
Damaygulong.

in

motorcade,

which

traverses

the

City

of

6. LGBT planned to stage a protest on January 20 but cancelled the plan and
instead filed a case on January 30 with the Supreme Court to declare the
ordinance unconstitutional.

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