Title
Supreme Court
Motorcycle Crime Prevention Act Summary
Law
Republic Act No. 11235
Decision Date
Mar 8, 2019
The Motorcycle Crime Prevention Act requires the implementation of bigger, readable, and color-coded number plates on motorcycles in the Philippines to prevent crimes, with penalties for failure to register or report the sale of a motorcycle, and the authority for law enforcement to seize motorcycles without number plates.

Law Summary

Declaration of Policy

  • The State aims to maintain peace, protect life, liberty, and property.
  • To prevent crimes using motorcycles by requiring bigger, readable, and color-coded number plates.

Definitions

  • Backrider: Passenger at the back of a motorcycle.
  • Driver: Person controlling the motorcycle.
  • Motorcycle: Two or three-wheeled powered vehicles including scooters, mopeds, sidecars, tricycles, and government-owned vehicles.
  • Owner: Registered owner or person in actual control/possession of the motorcycle.
  • Number Plate: License plate issued by the LTO bearing alphanumeric characters per RA 4136.

Registration by the Owner

  • Motorcycle owners must register with LTO within 5 days of ownership acquisition.
  • Must report the sale or disposition immediately to LTO.
  • Penalties for non-compliance: imprisonment (arresto mayor to prison correccional), a fine between ₱20,000 to ₱50,000, or both.
  • Maximum penalty applies if an unregistered motorcycle is used in committing crimes.

Bigger, Readable and Color-Coded Number Plates

  • LTO issues bigger, readable number plates.
  • Must be visible from front, back, and side at 15 meters.
  • Color-coded per region for easy identification.
  • Must be displayed on both front and back.
  • Made of durable material.
  • Prisoner labor may be used for production bidding.

Registry of Motorcycles

  • LTO maintains motorcycle database for investigation and law enforcement.
  • Includes owner’s name, license number, address, motorcycle ID, plate number, color, and brand.
  • Compliance with the Data Privacy Act is mandatory.

Driving Without a Number Plate or Readable Number Plate

  • Prohibited to drive motorcycles without the mandated plates.
  • Penalties: prison correccional or fine ₱50,000 to ₱100,000.
  • Seizure of motorcycle upon violation; must be reported to LTO, PNP, DICT.
  • Owner may redeem seized motorcycle with proof of ownership and compliance.

Failure in Surrender of Seized Motorcycle

  • Apprehending officers must report seizure and surrender motorcycles within 24 hours.
  • Failure results in prison correccional and administrative charges.
  • Officers liable for loss or damage.
  • Criminal, administrative, and monetary liability for misuse of impounded vehicles.

Use of a Motorcycle in the Commission of a Crime

  • Use of motorcycle in grave felony: penalties from reclusion temporal to reclusion perpetua.
  • Use in less grave/light felonies: prison correccional or prison mayor.
  • Maximum penalty imposed if a seized motorcycle is used.
  • Death or serious injury results in reclusion perpetua.

Impoundment and Forfeiture of a Motorcycle

  • Motorcycles used in crimes are impounded as evidence.
  • Forfeited to the government unless owner proven innocent or belongs to a third party.
  • DILG ensures LGUs provide secured impounding centers.
  • Real-time computerized records maintained and shared with LTO and PNP.

Loss of Number Plate or Readable Number Plate

  • Owners must report lost, damaged, or stolen plates immediately.
  • Request replacement plates upon reporting.
  • Fines between ₱20,000 to ₱50,000 for failure to report.
  • Using lost/damaged/stolen plates in crime subjects owners to imprisonment.

Erasing, Tampering, Forging, or Concealing Number Plates

  • Punishable by prison mayor or fine between ₱50,000 to ₱100,000, or both.
  • Buyer and seller of tampered plates punished by prison mayor.
  • Buyers without knowledge of tampering punished by arresto mayor.

Use of a Stolen Number Plate

  • Use of stolen plates punished by prison mayor or fines of ₱50,000 to ₱100,000, or both.

Prohibition on Sale and Importation of Non-Compliant Motorcycles

  • Sale or import of motorcycles incapable of displaying readable number plates is prohibited.
  • Bureau of Customs disallows importation of motorcycles designed to impede plate placement.
  • Non-compliant motorcycles cannot be registered by LTO.

Joint LTO and PNP Operations and Control Center

  • Establishment of 24/7 joint operations center for real-time monitoring.
  • Equipped with advanced technology.
  • Hotline for motorcycle-related crimes operated by LTO and PNP Highway Patrol Group.
  • Supervised by Department of Information and Communications Technology.

Appropriation

  • Initial funding of ₱150 million approved for implementation.
  • Subsequent funding to be included in the General Appropriations Act.

Implementing Rules and Regulations

  • LTO to promulgate implementing rules within 90 days of effectivity, in consultation with relevant agencies.

Congressional Oversight

  • Creation of a Congressional Oversight Committee with members from Senate and House.
  • Annual review starting one year after effectivity.
  • Powers to assess implementation and adjust penalties.

Transitory Provision

  • Motorcycle owners with non-conforming plates must apply for new ones by June 30, 2019.
  • LTO given until December 31, 2019 to produce and issue plates.
  • Penal provisions take effect after December 31, 2019.

Repealing Clause

  • All inconsistent laws, orders, and issuances are repealed or modified accordingly.

Separability Clause

  • Unconstitutional provisions do not affect the validity of the remaining provisions.

Effectivity

  • The Act takes effect 15 days after its publication in Official Gazette or newspaper of general circulation.

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