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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
Republic Act (RA) No. 11235 or the Motorcycle Crime Prevention Act was enacted in view of the declared policy of the State under Article II, Section 5 of the 1987 Constitution, which provides that the maintenance of peace and order, the protection of life, liberty, and property, and the promotion of the general welfare are essential for the enjoyment by all people of the blessings of democracy. It is hereby declared the policy of the State to secure and safeguard its citizenry from crimes committed with the use of motorcycles through bigger, readable and color-coded number plates and identification marks.
Salient Provisions of RA No. 112385
Section 4. Registration by the Owner
The owner of a motorcycle shall register his or her motorcycle with the LTO within five (5) days from such acquisition of ownership.
Should the owner of a motorcycle decide to sell or dispose of his motorcycle, he shall immediately report any sale or disposition of his or her motorcycle to the LTO.
Failure of the owner to register within five days from the acquisition of ownership, or to immediately report its sale or disposition, shall subject the owner to a penalty of imprisonment or arresto mayor to prision correccional, as defined under the Revised Penal Code, or fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00) or both.
If a motorcycle that is not yet registered with the LTO is used in connection with an offense punishable under the penalty of the relevant offense shall be imposed on the offenders.
Section 6. Registry of Motorcycles
The LTO shall maintain a registry of motorcycles in a database to facilitate information retrieval for official investigation and law enforcement purposes. The registry of motorcycle shall include, but not limited to the following information; name of motorcycle owner, motorcycle owners license number, motorcycle owners address and contact details, motorcycle identification number, motorcycle plate number, motorcycle body color, motorcycle brand/make. In the registry of motorcycles, the LTO shall observe at all times Republic Act No. 10173 or the “Data Privacy Act of 2012”.
Section 7. Driving Without a Number Plate or Readable Number Plate
Driving without a number plate or readable number plate, as provided in the Revised Penal Code, or a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand (P100,000.00) or both.
A motorcycle driven without a number plate or a readable number plate shall be stopped, and such motorcycle shall be seized by law enforcers and immediately surrendered to the Philippine National Police (PNP). Any apprehension must be reported immediately to the LTO, PNP and the Department of Information and Communication Technology (DICT) Through the Joint LTO and PNP Operations and Control Center. The owner of such motorcycle may redeem his or her ownership, payment of the costs of seizure, and compliance with a number plate or readable number plate.
Section 8. Failure to Surrender Seized Motorcycle
Any seized motorcycle must be reported immediately by the apprehending officer to the LTO and PNP through the Joint LTO and PNP Operations and Control Center and must be surrendered within twenty-four (24) hours to the local impounding center provided by the local government unit (LGU). Any law enforcer who shall fail to report surrender a seized motorcycle, within twenty-four (24) hours from seizure, shall be punished by prision correccional as defined under the Revised Penal Code without prejudice to the filing of proper administrative charges against said officer.
In case wherein there is loss of, or damage to, the motorcycle in the custody of the said officer in violation of this section, the said law enforcement officer shall also be held monetarily liable for the full worth of the motorcycle lost or the cost of repairs for the damage caused to the motorcycle in question.
Furthermore, any LTO officer, PNP officer or deputized law enforcement personnel shall be held criminally administratively and monetarily liable for using an impounded vehicle.
Section 9. Use of a Motorcycle in the Commission of Crime
If a motorcycle is used in the commission of a crime constituting a grave felony under the Revised Penal Code, or in the escape from the scene of such crime, regardless of the stage of commission, whether attempted, frustrated, or consummated, the owner, driver, backrider or passenger who participated in the same shall be punished by reclusion temporal to reclusion perpetua as provided under the Revised Penal Code.
If a motorcycle is used in the commission of a crime constituting a less grave felony or light felony under Revised Penal Code or any other crime, or in the escape from the scene of such crime, regardless of the stage of commission whether attempted, frustrated, or consummated, the owner, driver, backrider or passenger who participated in the same shall be punished by prision correccional to prision mayor, as provided under the Revised Penal Code.
If a seized motorcycle is used in the commission of a crime, the maximum penalty of the relevant crime or offense shall be imposed.1avvphi1
If death or serious physical injuries, as defined under the Revised Penal Code, results from the unlawful use of a motorcycle in the commission of a crime, the penalty of reclusion perpetua as provided under the Revised Penal Code shall be imposed.
Section 10. Impoundment and Forfeiture of a Motorcycle
A motorcycle used in the commission of a crime or offense shall be impounded by the PNP as evidence in custodia legis in a secured impounding center provided by the LGU until the termination of the case. Such motorcycle shall then be forfeited in favor of the government, unless the court finds that the defendant is not guilty of the offense charged or such motorcycle belongs to an innocent third party.
The Department of the Interior and Local Government (DILG) shall ensure and enforce that all LGUs set aside land establish a secured impounding center that shall be under the control of the PNP to store the impounding center that be under the control of the PNP to store the impounded motorcycles in accordance with this Act. They shall also have a computerized/digitized data to see to it that all impounded or released motorcycles are duly recorded and such data shall be shared on a real-time basis to the Joint PNP and LTO Operations and Control Center.
Section 11. Loss Number Plate or Readable Number Plate
If the number plate or readable number plate of a motorcycle is lost, damaged, or stolen, the owner of such motorcycle shall immediately report the same to the LTO and PNP through the Joint PNP and LTO Operations and Control Center, and request a replacement number plate. Failure of the owner to report the same shall subject te owner to fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00).
However, if the lost, damaged or stolen number plate or readable number plate is used in connection with an offense penalized under the Revised Penal Code or special penal laws, the failure of the owner to report within three (3) days that the motorcycle is lost, damaged, or stolen, shall subject the owner to a penalty of imprisonment of arresto mayor to prision correccional.
Section 12. Erasing, Tampering, Forging, Imitating, Covering or Concealing a Number Plate or Readable Number Plate and Intentional Use Thereof
Erasing, tampering, altering, forging, imitating, covering, concealing a number plate or readable number plate, or the intentional use of such erased, tampered, altered, forged, imitated, covered or concealed number plate or readable number plate, under this Act shall be punished by prision mayor as provided under the Revised Penal Code, or a fine of not less that Fifty thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or both.
If a person knowingly sells or buys an erased, tampered, altered, forged or imitated number plate or readable number plate, both such buyer and seller shall be punished by prision mayor as provided under the Revised Penal Code. However, if a person who sells or buys the number plate proves that he or she has no knowledge that it was erased, tampered, altered, forged or imitated, he or she shall be punished by arresto mayor.
Section 13. Use of a Stolen Number Plate or Readable Number Plate
The use of a stolen number plate or readable number plate in a motorcycle shall be punished by prision mayor as provided under the Revised Penal Code, or a fine of not less than Fifty Thousand pesos (P50,000.00) but not more than One hundred thousand pesos (P100,000.00), or both at the direction of the court.
Section 14. Prohibition on Sale and Importation of Non-Compliant Motorcycles
No person, whether natural or juridical, shall be allowed to sell motorcycles, as defined under Section 3(c) of this Act, unless such motorcycle has the capability to bear and showcase a readable number plates as required under Section 5 of this Act.
Furthermore, the Bureau of Customs (BOC) shall not allow the importation into the country of motorcycles, as defined under Section 3(c) of this Act, whose design will impede the placement of the required number plate on the front and back sides of the motorcycles firmly and securely.
Any motorcycle which does not have any capability to bear and showcase the required readable number plate shall not be allowed to register with the LTO.
Section 15. Joint LTO and PNP Operations and Control Center
The LTO and the PNP shall establish a Joint LTO and PNP Operations and Control Center that shall be operational and accessible real-time, twenty four (24) hours a day and seven (7) days a week, to facilitate the implementation of this Act. It shall be equipped with the latest available technology and adequate computers and software sufficient to immediately address any emergency or inquiry. The LTO and the PNP-Highway Patrol Group (HPG) shall establish a hotline to specifically address concerns related to crimes or offenses committed with the use of motorcycles. The Joint PNP and LTO Operations and Control Center shall be under the supervision of the DICT.
Section 16. Appropriation
There is hereby appropriated an initial funding of One hundred fifty million pesos (P150,000,000.00) for the implementation of this Act which shall be included in the General Appropriations Act (GAA). Subsequent finding shall be included in the GAA.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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