SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES)
First Regular Session

HOUSE OF REPRESENTATIVES

House Bill No,__D881

Introduced by Representative Victor A. Yap

EXPLANATORY NOTE

The drive of the government to battle criminality has only intensified as the Duterte
administration settles in. The positive results in the battle against illegal drugs has given our
lawmakers the impetus to boost our efforts to once and for all rid the evils that infest our society.

According to a data released by the Philippine National Police in 2013, there were more
than 3,000 crimes committed by motorcycle riders in Metro Manila alone. The United Nations
Office on Drugs and Crime estimated the Philippine national homicide rate at between 5.4 and
7.5 percent per 100,000 in the last five years of the previous decade, based on sources from the
criminal justice system. A rate of 5.4 per 100,000 persons for Metro Manila, population of 12
million, suggests an overall homicide total of 648. Not all of those were committed by
motorcycle gunmen, of course, but the numbers suggest that we are looking at deaths caused by
motoreycle gunmen of a few dozen to a few hundred a year.

This bill seeks to stifle criminal activities perpetrated by motorcycle riders and
motorcycle riding in tandems. By mandating regulations that would make it difficult for
criminals to hide their identities when riding a motorcycle, we hope that this will not only help
the police identify criminals, but more importantly, deter possible perpetrators from committing
a crime. Further, this bill shall aggravate any crime if committed by a person riding a
motorcycle. With the enactment of this bill into law, we show the criminals that we are serious in
weeding out the vile creatures that destroy our society.

In the interest of justice and public order, the passage of this legislation is earnestly
sought.

vi A. YAP
Representafive, 2nd District of Tarlac


Cer anunewne

10
1
12
13
14
15
16
17
18
19
20
a

SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES — )
First Regular Section )

HOUSE OF REPRESENTATIVES

House Bill No, 588.1.

Introduced by Representative Victor A. Yap

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:

SECTION 1. Short Title. - This Act shall be known as the "Motorcycle Crime Prevention
Aet of 2017".

See. 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.

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

(©) "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


we aranuanwn

10
sb
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36

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.

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.

See. 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 e 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 m 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.


Caorvanuneune

10
co
12
13
14
15
16
7
18
19
20
21
22
23
24
25
26
2%
28
29
30
31
32
33
34
35
36

The motorcycle or scooter used in the commission of a crime shall be confiscated and
forfeited in favor of the Government, unless it is 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 w here 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 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.

See. 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
(P 20,000.00).


Carvauneune

10
nu
12
13
14
15
16
7
18
19
20
2a
22
23
24
25
26
27
28
29
30
31

(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)..

(©) 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.

See. 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 there of 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.