SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

HOUSE BILL mad 571 4

Introduced by REP. FERDINAND L. HERNANDEZ

AN ACT
PENALIZING AND PREVENTING THE USE OF MOTORCYCLES OR
SCOOTERS IN THE COMMISSION OF CRIMES THROUGH THE USE OF
BIGGER PLATE NUMBERS AND IDENTIFICATION MARKS, REGULATION
OF BACKRIDERS AND FOR OTHER PURPOSES

Police power is one of the inherent powers of the State to make, ordain,
or establish reasonable laws for the good and welfare of the State and its
people.! This bill seeks to protect the general public committed by those
“riding in tandem,” using motorcycles to perpetrate crime.

Motorcycles have become “crime machines.” Reports show that
ordinary people, media personnel, politicians, and even policemen have been
killed by persons on board a motorcycle and “riding-in-tandem” to enable
their swift getaway. In 2011, the Philippine National Police (PNP) recorded
1,700 crime incidents involving riding-in-tandem suspects with 2,089 victims.
This figure is higher than the 1,565 recorded incidents in 2010, with 1,819
victims.? Motorcycle riders in Metro Manila committed more than 3,000
crimes in 2013.3

With the decrease in price of motorcycles in the market, this two-
wheeled vehicle becomes readily available and accessible to criminals or those
intending to use it as a getaway vehicle. The proliferation of motorcycles in
the main thoroughfares has likewise worsened and their power identification
is warranted to regulate its use for legitimate purposes only.

This bill seeks to deter crimes committed with the use of motorcycles or
scooters by providing bigger plate numbers and identification marks and by
Punishing the commission of a crime through or with a backrider on
motorcycles and scooters. By increasing the size and visibility of the

| Ermita Malate Hotel v. City Mayor, G.R. L-24693, July 31, 1967.

? Interaksyon. PNP declares all-out war VS criminals riding in tandem on motorbikes. 22
January 2012. <Last accessed 24 August 2016.>

> Philippine Daily Inquirer. Riding in Tandem motorcyclists committed over 3,000 crimes in
Metro Manila in 2013. 28 January 2014. <Last accessed 24 August 2016.>


motorcycle plates to be able to read the plate numbers from a distance of
between 12 to 15 meters, witnesses and law enforcement agencies are aided
in the identification of motorcycle riders who are involwed in accidents or
criminal activities.



SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )
HOUSE OF REPRESENTATIVES

HOUSE BILL NO. 5714

AN ACT
PENALIZING AND PREVENTING THE USE OF MOTORCYCLES OR
SCOOTERS IN THE COMMISSION OF CRIMES THROUGH THE USE OF
BIGGER PLATE NUMBERS AND IDENTIFICATION MARKS, REGULATION
OF BACKRIDERS AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines
in Congress assembled:

Sec. 1. Short Title. — This Act shall be known as the “Motorcycle
Crime Prevention Act of 2017.”
Sec. 2. State Policy. - Article II, Section 5 of the 1987 Philippine

Constitution 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 the people of the blessings of democracy. It

is hereby declared the policy of the State to secure and safeguard its citizenry

from the ruinous and extremely injurious effects of crimes and fatal accidents,
Particularly those caused by motorcycles and scooters.

Sec. 3. Definition. - As used in this Act, the following terms are defined:

(a) "Plate number" refers to the regular motor vehicle license plate

issued by the Land Transportation Office (LTO) bearing the

standard alphanumeric characters in accordance with Batas

Pambansa Blg. 43 and 74.


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(b) “Backrider” refers to any person seated at the back of the
motorcycle or scooter driver, or a passenger of his driver.

(0) “Riding-in-tandem” refers to the combination of a driver and his
backrider/s or passenger/s riding a motorcycle or scooter.

Sec. 4. Bigger Plate Number. - The Land Transportation Office (LTO)
shall issue bigger plate number sizes for every motorcycle and scooter which
must be placed both in the front and rear part of the motorcycle. It shall be
made of aluminum plate applied with reflectorized paint, and with
alphanumeric characters in large and readable font. There must be a plate
number both at the front and back parts of the motorcycle or scooter, the
dimensions of which should be big enough for the plate numbers to be
readable from a distance of between twelve (12) to fifteen (15) meters.

The LTO shall devise a color scheme of the plate numbers for every
region in the country to easily identify where such motorcycle was registered.
It shall also devise an alphanumeric system, with as few characters as
Possible, for easier identification and recollection by the general public,
whether day or night.

In the foregoing, the LTO shall provide every region and all its local
government units a list of all the newly purchased and previously purchased
registered motorcycles or scooters in its jurisdiction which includes, but are
not limited to the following information: name of registered owner, his driver’s
license number, his address and contact details, vehicle identification
number, plate number, body color, brand/maker. For these purposes, the
LTO shall maintain a computerized database of all the information collected

to facilitate information retrieval, as the case may arise.


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Furthermore, the LTO in every region shall require the registration of
every motorcycle or scooter which shall undergo transfer of ownership within
two (2) days after such transfer, whether the motorcycle or scooter is newly
assembled, rebuilt, or acquired from a registered owner.

Sec. 5. Driving Without a Plate Number or a Bigger Plate Number.
~ Driving without a plate number or a bigger plate number, as provided in
Sec. 4, is prohibited. The motorcycle or scooter used without bigger plate
numbers shall be confiscated by the LTO until a bigger plate is issued.

Sec. 6. Penalty for Use of the Motorcycle or Scooter in the
Commission of a Crime. - If the motorcycle or scooter is used in the
commission of a crime or to ensure a quick escape from the scene of the crime,
as witnessed by another person, and a victim dies as a result of this illegal
use of a motorcycle or scooter, the motorcycle driver, his backrider/s, if any,
and conspirators, shall be punished by reclusion perpetua. If the victim
suffers serious physical injury, or there was shooting or stabbing of the victim
committed by the driver or backrider/s of the motorcycle or scooter which did
not result in death, the penalty shall be reclusion temporal unless a higher
Penalty is imposed due to the commission of some other crime, in which case,
the higher penalty shall be applied. In all other cases, the use of the
motorcycle or scooter in the commission of a crime shall increase the penalty
for the crime by one degree.

If the motorcycle or scooter used in the commission of a crime was
stolen, or the licensed plate used is mismatched from the vehicle registration
Of the motorcycle or scooter, and the crime results in the death of the victim,

the penalty is life imprisonment.


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The motorcycle or scooter used in the commission of a crime shall be
confiscated and forfeited in favor of the Government, unless it be the property
of a third person not liable for the offense.

The vehicle shall be impounded pending investigation and shall be in
custodia legis, and no bond shall be admitted for the release of the same until
the final decision of acquittal is promulgated by the trial court which hears
the criminal case involving the use of the impounded motorcycle or scooter.
The motorcycle or scooter shall be confiscated and forfeited after conviction
in the trial court where the appropriate criminal case was filed. If there is an
acquittal, the vehicle shall be returned to its registered owner.

Sec. 7. Penalizing Commission of a Crime Through or With a
Backrider/s on Motorcycles or Scooters. — Persons committing a crime
through or with a backrider/s shall be punished with the penalty of life
imprisonment.

City or municipal ordinances prohibiting or regulating backriders in
motorcycles or scooters shall apply in the city or municipality or local
government unit where the same is prohibited or regulated, provided these
are not inconsistent with this law.

Sec. 8. Loss of Bigger Plate Number. - If for some reason, the bigger
plate number of a motorcycle or scooter is lost or stolen, the registered owner
of such motorcycle, or his authorized representative, must immediately report
to the LTO the incident within three (3) calendar days from the date of loss,
and shall apply for a new license plate.

The motorcycle with a lost or stolen plate whose owner has not formally
reported the loss thereof to the LTO within the time provided in the previous

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Paragraph shall be impounded inside the designated impounding areas of the
LTO until a new plate is issued. The LTO may charge a reasonable daily fee
against the registered owner of the motorcycle or scooter which has been
impounded under this section.

Sec. 9. Implementation. - The Department of Transportation (DOTr)
and LTO are mandated to issue pertinent guidelines to implement the
provisions of this Act.

Sec. 10. Other Penalties. —

(a) Non-compliance with the use of the bigger plate numbers shall result

to the revocation of the registration of the motorcycle or scooter for
a period of at least one (1) year, and confiscation of the driver’s
license of the driver thereof, or in the absence of the driver, the
registered owner thereof for a period of at least one (1) year, and a
fine of not less than Ten Thousand Pesos (P10,000.00) but not more
than Twenty Thousand Pesos (P20,000.00).

(b) Tampering, alteration, forgery or imitation of the bigger plate
number shall be punished with a fine of not less than Twenty
Thousand Pesos (P20,000.00) but not more than Fifty Thousand
Pesos (P50,000.00).

(c) If the registered owner of the motorcycle or scooter fails to timely
report to the LTO the loss of his bigger license plate, he or she shall
be punished with a fine of not less than Ten Thousand Pesos
(P10,000.00) but not more than Twenty Thousand Pesos

(P20,000.00).


Sec. 11. LTO Operations Center. - Within six (6) months from the
implementation of this Act, the LTO shall create and establish an Operations
Center (Center) which shall be operational twenty-four (24) hours and seven
(7) days a week for a faster and focused process in reporting vehicle-related

accidents and any other incidents.

Sec. 12. Appropriation. - The amount needed for the initial
implementation of this Act shall be taken from the current fiscal year’s
appropriation of the Department of Transportation. Thereafter, the amount
needed for the operation and maintenance shall be included in the General
Appropriations Act.

Sec. 13. Repealing Clause. - 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.

Sec. 14. Separability Clause. - 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 effect.

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

Adopted.