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July 13, 2019

Logic and Legal Technique


Atty. Alloysius R. Yebra

Legal Memorandum No. 1

Instructions:

Using the sample format presented by Linda H. Edwards in her book “Legal Writing and Analysis”,
prepare a handwritten Legal Memorandum/Opinion addressing the legal issues arising from the
scenarios presented below. Please observe proper spacing, indentions and margins.

Motorcycles are recognized as efficient, cost-saving and easy means of transportation


in the metropolitan areas – in fact, most people prefer this particular mode of
transportation because of its accessibility and low maintenance cost. However,
sometimes, these remarkable features of motorcycles as a mode of transportation
have also made motorcycles effective and favorable means by criminals and
scalawags in committing offenses against persons and property, from petty to
heinous crimes and even acts of terrorism. The rates of crimes perpetuated by
“Motorcycle-Riding Criminals” in recent years has been progressing in a very
disturbing trend, where statistical records of the Philippines National Police (PNP),
in particular, the Eastern Police District, reveal that Mandaluyong City along with the
nearby Cities of Marikina, Pasig, San Juan and Manila, the incidents often lead to
death or harm upon countless victims while a huge number of the malefactors
deplorably evaded arrest. In 2013 alone, the PNP reported that “Motorcycle Riding-In-
Tandems” were involved in more than 3,000 cases of street crimes in the country.

The Mandaluyong City Ordinance No. 595 also known as the “Anti-Motorcycle
Riding-In-Tandem” (the “Ordinance”) is currently being implemented in City of
Mandaluyong. It was passed by the Sangguniang Panglungsod of Mandaluyong to
minimize the incidents of crimes committed by motorcycle riding criminals by
regulating the use of single motorcycles within Mandaluyong City. As records
disclose that most of these riding criminals are males and they ride in tandem using
a single motorcycle, or in conspiracy with another motorcycle riding malefactor, the
Ordinance was passed to prohibit motorcycle riding-in-tandem, particularly (i)
prohibiting male back riders who are not within the first degree of consanguinity
of their respective drivers and (ii) requiring all male drivers and their male back
riders to show competent proof of identity and/or proof of relationship.

The Ordinance covers all motorcycles plying all roads, streets and alleys within the
territorial jurisdiction of Mandaluyong City, whether licensed or non-licensed,
resident or non-resident, whether the motorcycle is licensed or not, and regardless of
ownership, purpose and use of the motorcycle. Nevertheless, female back riders,
spouses, relatives within the first degree of consanguinity, and children between 7 to

1
10 years of age, whether a girl or a boy, are allowed as back riders. The PNP and
barangay officials in all Barangays in Mandaluyong City are the law enforcement
officers who are deputized to enforce the Ordinance and conduct inspections and/or
visibility points. All motorcycle drivers and back riders violating this Ordinance,
before the institution of a formal complaint with the Office of the City Prosecutor,
who wish not to contest their liability may instead pay the fine for the violation with
the City Treasury and shall be issued the corresponding receipt therefor. Otherwise,
upon conviction, the proper court may impose the penalties, on both the motorcycle
driver and back rider, a fine or imprisonment of three (3) months, or both at the
discretion of the court1.

Mr. Ramon G. Ang is an avid fan and collector of very expensive motorcycles. He
lives in the most expensive condominium in Mandaluyong City and owns more than
half of all the businesses in the city. Because of his wealth and stature, his wife, Mrs.
Anne Cuticks Ang, does not allow him to ride his motorcycles without any security
guard or detail riding with him as a back rider. When the Spouses Ang learned of this
Ordinance, they were furious and wanted to sue the Local Government of
Mandaluyong City. Among others, the spouses contend that: (i) the Ordinance
violates the equal protection clause as it covers only male drivers and male back riders
– they contend further that female motorcyclists can also commit similar crimes; (ii)
the Ordinance violates their right to use their property – they contend further that the
Ordinance deprives Mr. Ang of the full and lawful enjoyment of his motorcycles
without due process of law; (iii) the Ordinance violates their right to information –
they contend further that the back riders are being forced to show/reveal their
respective identification cards in violation of Philippine Data Privacy Laws; (iv) the
Ordinance deprived the Congress the power to enact penal laws – they contend that
penal laws may only be enacted by the Legislative Department and the respective
local government units can only supplement these laws via ordinances; and (v) even
assuming that the Ordinance is valid, the same must provide for certain exceptions –
they contend that because of Mr. Ang’s wealth and stature, certain concessions must
be extended to him.

In fear of the wealth and power of Mr. Ang, and the possible charges that may be
filed by the Spouses Ang against the City of Mandaluyong, Mayor Isko Ejercito
(Mayor of Mandaluyong City) came to your office and asked for your legal opinion
regarding the legal issues raised by the spouses. They wish to be enlightened if it is
legal and valid to continue enforcing the Ordinance.

1Source: Mandaluyong City Ordinance No. 595 “Anti-Motorcycle Riding-in-Tandem”. Retrieved from
https://marclawrenzmagno.wordpress.com/2017/10/11/mandaluyong-city-ordinance-no-595-anti-motorcycle-riding-in-tandem/.