Published — March 27, 2019
The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.
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.
Read also the new Republic Act for Child Safety in Motor Vehicles: Republic Act No. 11229, otherwise known as Child Safety in Motor Vehicles Act
The rampant increase of assassinations and other crimes using motorcycle vehicles is the root cause for the enactment of Republic Act No. 11235 (RA 11235) otherwise known as the Motorcycle Crime Prevention Act. With this in mind and in furtherance of security and safety of the public and crime prevention (Sec. 2 of RA 11235), additional and stricter rules and regulations will now be applied to all motorcycle owners and riders and other concerned government agencies such as the Land Transportation Office (LTO) and the Philippine National Police (PNP), with regard to registration of the acquisition of motorcycle vehicles, reportorial requirements as to the sale and transfer of motorcycle, issuance of bigger, readable and color-coded number plates, and the use or display of number plates in both the front and back sides of a motorcycle.
Motorcycle owners with number plates not in conformity with the provisions of the Motorcycle Crime Prevention Act, 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 number plates as required by the law. After December 31, 2019, the penal provisions regarding the use of bigger, readable and color-coded number plates as required under the said law shall take effect (Section 19 of RA 11235).
This is not the first instance where a law or regulation was enacted under the pretext of preventing crimes using motorcycle vehicles. Last August 2014, in the City of Mandaluyong, an ordinance was passed banning “riding-in-tandem”. It only allowed motorcycle riding-in-tandem where the backrider is a female, spouse, relative within the first degree of consanguinity, and a child between seven (7) to ten (10) years of age (Section 4 of Ordinance No. 550, S-2014, Ordinance Regulating Motorcycle Riding-in-Tandem in Mandaluyong City).
Republic Act No. 11235, signed into law on March 08, 2019
Registration and Reportorial Requirements
Motorcycle owners shall register his or her motorcycle with the LTO within five (5) days from acquisition of ownership (Sec.4 of RA 11235). The owner of a motorcycle shall also immediately report any sale or disposition of his or her motorcycle to the LTO (Ibid). In view thereof, the LTO shall maintain a registry of motorcycle in a database to facilitate information retrieval for official investigation and law enforcement purposes. The registry shall contain relevant information of the owner, this includes, but not limited to, name of the owner, motorcycle owner’s driver’s license number, motorcycle owner’s address and contact details, motorcycle identification number, motorcycle plate number, motorcycle body color, or motorcycle brand/make (Sec.6 of RA 11235).
In case 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 the PNP through the Joint PNP and LTO Operations and Control Center, and request a replacement number plate (Sec. 11 of RA 11235).
Bigger, Readable and Color-Coded Number Plates
The LTO is the government agency in charge with the issuance of a readable number plate for every motorcycle placed in both the front and back sides of a motorcycle which shall be made of suitable and durable material (Sec.5 of RA 11235). The font style and size of the code appearing on the plate number will be determined by the implementing rules and regulations (IRR) of this act. The IRR will be implemented by the LTO within a non-extendible period of ninety (90) days counted from effectivity of the law (Sec. 17 of RA 11235). The contents of the number plates shall be readable from the front, the back, and the side of the motorcycle from the distance of at least fifteen (15) meters from the motorcycle. The LTO shall also devise a color scheme for every region in the Philippines where a motorcycle is registered for quick and easy identification (Sec.5).
Punishable Acts
The Motorcycle Crime Prevention Act provides penal provisions for its strict implementation. The prohibited acts may be committed not just by the owners or drivers of the motorcycle vehicles but also the government agencies or officers concerned with the proper implementation of the law.
The following are the summary of the punishable acts under RA 11235:
A. Punishable Acts Committed by Owners and/or Drivers
B. Punishable Acts Committed by Apprehending Officers, LTO or PNP Officers
Provisions under RA 11235 as an Aggravating Circumstance
Aside from the punishable acts, RA 11235 also provides for provisions describing commission or omission of an act as an aggravating circumstance. As an aggravating circumstance, it generally increases the penalty originally prescribed to the felony committed.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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