Motorcycle Crime Prevention Act

Case Overview and Summary

Summary of Republic Act No. 11235 (Motorcycle Crime Prevention Act)

Declaration of Policy (Section 2)
- The State aims to secure and safeguard citizens from crimes committed using motorcycles through bigger, readable, and color-coded number plates and identification marks.

Definitions (Section 3)
- Backrider: Any person seated at the back of a motorcycle
- Driver: Any person driving or controlling a motorcycle
- Motorcycle: A powered two or three-wheeled motor vehicle, including scooters, mopeds, and motorcycles with sidecars, tricycles, or trikes
- Owner: Any person who owns or has actual control and possession of a motorcycle
- Number plate: The regular motor vehicle license plate issued by the LTO for a motorcycle

Registration by the Owner (Section 4)
- Owners must register their motorcycles with the LTO within 5 days of acquisition.
- Owners must report any sale or disposition of their motorcycles to the LTO immediately.
- Failure to register within 5 days or report sale/disposition: Penalty of arresto mayor to prision correccional, or a fine of not less than ₱20,000 but not more than ₱50,000, or both.
- If an unregistered motorcycle is used in an offense, the maximum penalty shall be imposed.

Bigger, Readable and Color-Coded Number Plates (Section 5)
- The LTO shall issue readable number plates for motorcycles, with font style and size determined in the IRR.
- Number plates must be readable from 15 meters away from the front, back, and side of the motorcycle.
- The LTO shall devise a color scheme for number plates based on the region where the motorcycle is registered.
- Number plates must be displayed on the front and back of the motorcycle, made of durable material.
- Utilization of voluntary and paid labor from prisoners is required for procurement of number plates.

Registry of Motorcycles (Section 6)
- The LTO shall maintain a registry of motorcycles in a database for investigation and law enforcement purposes.
- The registry shall include information such as owner's name, driver's license number, address, contact details, motorcycle identification number, plate number, body color, and brand/make.
- The LTO shall observe the Data Privacy Act of 2012 in maintaining the registry.

Driving Without a Number Plate or Readable Number Plate (Section 7)
- Driving without a number plate or readable number plate is prohibited.
- Penalty: Prision correccional, or a fine of not less than ₱50,000 but not more than ₱100,000, or both.
- The motorcycle shall be stopped, seized by law enforcers, and surrendered to the PNP.
- The owner may redeem the seized motorcycle upon proof of ownership, payment of costs, and compliance with number plate requirements.

Failure to Surrender Seized Motorcycle (Section 8)
- Seized motorcycles must be reported immediately to the LTO and PNP, and surrendered within 24 hours to the LGU impounding center.
- Failure to report or surrender within 24 hours: Penalty of prision correccional.
- Law enforcers shall be held monetarily liable for loss of or damage to the seized motorcycle.
- LTO officers, PNP officers, or deputized law enforcement personnel shall be held criminally, administratively, and monetarily liable for using an impounded vehicle.

Use of a Motorcycle in the Commission of a Crime (Section 9)
- If a motorcycle is used in the commission of a grave felony or in the escape from such crime, the owner, driver, backrider, or passenger who participated shall be punished by reclusion temporal to reclusion perpetua.
- If a motorcycle is used in the commission of a less grave felony, light felony, or any other crime, or in the escape from such crime, the owner, driver, backrider, or passenger who participated shall be punished by prision correccional to prision mayor.
- If a seized motorcycle is used in the commission of a crime, the maximum penalty shall be imposed.
- If death or serious physical injuries result from the unlawful use of a motorcycle in the commission of a crime, the penalty of reclusion perpetua shall be imposed.

Impoundment and Forfeiture of a Motorcycle (Section 10)
- A motorcycle used in the commission of a crime shall be impounded by the PNP as evidence until the termination of the case.
- The motorcycle shall be forfeited in favor of the government, unless the court finds the defendant not guilty or the motorcycle belongs to an innocent third party.
- The DILG shall ensure that LGUs establish secured impounding centers under the control of the PNP.
- LGUs shall have a computerized/digitized data system to record impounded or released motorcycles, shared with the Joint PNP and LTO Operations and Control Center.

Loss of Number Plate or Readable Number Plate (Section 11)
- If the number plate or readable number plate is lost, damaged, or stolen, the owner must immediately report it to the LTO and PNP, and request a replacement.
- Failure to report: Fine of not less than ₱20,000 but not more than ₱50,000.
- If the lost, damaged, or stolen number plate is used in an offense, and the owner fails to report within 3 days, the owner shall be subject to a penalty of arresto mayor to prision correccional.

Erasing, Tampering, Forging, Imitating, Covering or Concealing a Number Plate or Readable Number Plate and Intentional Use Thereof (Section 12)
- Erasing, tampering, altering, forging, imitating, covering, concealing a number plate or readable number plate, or the intentional use of such, shall be punished by prision mayor, or a fine of not less than ₱50,000 but not more than ₱100,000, or both.
- Knowingly selling or buying an erased, tampered, altered, forged or imitated number plate: Penalty of prision mayor. If the person proves no knowledge, the penalty is arresto mayor.

Use of a Stolen Number Plate or Readable Number Plate (Section 13)
- The use of a stolen number plate or readable number plate shall be punished by prision mayor, or a fine of not less than ₱50,000 but not more than ₱100,000, or both.

Prohibition on Sale and Importation of Non-Compliant Motorcycles (Section 14)
- No person shall be allowed to sell motorcycles that cannot bear and showcase a readable number plate.
- The BOC shall not allow the importation of motorcycles whose design impedes the placement of the required number plate.
- Motorcycles without the capability to bear and showcase the required readable number plate shall not be allowed to be registered with the LTO.

Joint LTO and PNP Operations and Control Center (Section 15)
- The LTO and PNP shall establish a Joint LTO and PNP Operations and Control Center, operational 24/7, to facilitate the implementation of this Act.
- The Center shall be equipped with the latest technology and adequate computers and software.
- The LTO and PNP-HPG shall establish a hotline to address concerns related to motorcycle crimes.
- The Center shall be under the supervision of the DICT.

Appropriation (Section 16)
- An initial funding of ₱150,000,000 is appropriated for the implementation of this Act, to be included in the General Appropriations Act (GAA).
- Subsequent funding shall be included in the GAA.

Implementing Rules and Regulations (Section 17)
- The LTO, in consultation with law enforcement and other relevant agencies, shall promulgate the IRR within a non-extendible period of 90 days from the effectivity of this Act.

Congressional Oversight (Section 18)
- A Congressional Oversight Committee on the Motorcycle Crime Prevention Act is created to review and assess the implementation of this Act.
- The Committee shall be composed of 5 members from the Senate and 5 members from the House of Representatives.
- The Committee shall review the penalties imposed and adjust them accordingly if necessary.
- Congressional review and oversight shall be undertaken yearly beginning one year after the effectivity of this Act.

Transitory Provision (Section 19)
- Motorcycle owners with non-compliant number plates shall renew their registration and apply for the required readable number plate not later than June 30, 2019.
- The LTO is given until December 31, 2019 to produce, release and issue the required number plates.
- After December 31, 2019, the penal provisions regarding the use of bigger, readable and color-coded number plates shall take effect.

Repealing Clause (Section 20)
- All laws, decrees, orders, rules and regulations or other issuances or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.

Separability Clause (Section 21)
- If any portion or provision of this Act is declared unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in force and in effect.

Effectivity (Section 22)
- This Act shall take effect after 15 days following the completion of its publication either in the Official Gazette or in a newspaper of general circulation in the Philippines.