Derramas, May Anne D.

San Beda University

1-R College of Law
Legal Research Position Paper

Republic Act 11235

Motorcycle Crime Prevention Act
An act preventing and penalizing the use of motorcycles in the
commission of crimes by requiring bigger, readable and color-coded
number plates and identification marks and for other purposes.

In accordance to Article 2, Section 5 of the Constitution, it is the

policy of state to safeguard its citizenry from crimes committed with the
use of motorcycles. Hence, this Act. The Motorcycle Crime Prevention
Act provides that failure of the owner to register his or her motorcycle
within five days from acquisition of ownership shall subject the owner
to a penalty in its Section 4. In Section 6, bigger, readable and color-
coded number plates shall be required. The LTO shall, in the
implementing rules and regulations of the act, shall determine a
particular font style and size of the number plates as to make it appear
bigger and readable from various perspectives – may it be the front,
the back or the side of the motorcycle within a distance of at least
fifteen meters from the said vehicle. Moreover, a color scheme shall be
implemented for the purpose of easy identification. The Section 7
provides a punishment for driving without a number plate or readable
number plate.

Motorcycle is a popular method of transportation in a few

countries. It is perceived as a productive, cost – sparing method of
transportation. Tragically, the use of motorcycle filled in as a means for
transportation among crooks and criminals in submitting offenses
against people and property, from petty to intolerable violations and
even demonstrations of fear-based oppression just like in the
Philippines.
In Nigeria, the Commercial Motorcycle Operators were ban
because they were implicated in in criminality cases such as armed
robbery, kidnapping as well as gang-beating.1 In Los Angeles
California, motorcycle also in criminal activities such as illegal drugs,
weapon trafficking and the rise of many industrial and automotive
commercial spaces of “chop shops” unnoticed by law enforcement.2
There were also motorcycle gang were formed e.g. in California, the
Big Four Outlaw Motorcycle Gangs (OMGs) specifically the Hells
Angels MC, the Outlaws MC, the Bandidos MC, and the Pagans MC

1
Femi F. Asekhame & Michael D. Oisamoje, PHD, Banon Commercial Motorcycle Operations in Benin City, Nigeria: An
Appraisal of the Benefits and Business Opportunities Developing Country Studies www.iiste.org ISSN 2224-607X (Paper)
ISSN 2225- 0565 (Online) Vol.3, No.14, 2013
2
Mark Marshall A Geographic Study of Motorcycle Theft in Los Angeles County, California State University Northridge,
December 2017
who carry out widespread criminal activities3 while in Indonesia, the
number of criminal acts using motorcycle were committed by
teenagers who are also members of the motorcycle gang community.4
In the Philippines, in 2010, the Philippine National Police
recorded a sum of 2,487 cases across the nation which involves riding-
in-tandem lawbreakers. In 2011, the figure expanded to an aggregate
of 2,960 cases. The greater part of these episodes occurred in Central
Luzon, Central Visayas, and Metro Manila. In Mandaluyong City alone,
a sum of 146 violations were recorded. The disturbing ascent of
wrongdoings incited the Police Station proposed a complete mandate
to control riding couple episodes and to direct cruiser riding pair in
Mandaluyong City to anticipate rebellion and brutality and understand
the unsolved violations of endless and excessive acts executed by
criminal riding-in-tandem.5
The rate of crimes perpetuated by motorcycle riding criminals
has been progressing, where the statistical records of the Philippine
National Police, the incidents often led to death or harm upon countless
victims while a huge number of the malefactors deplorably evaded
arrest. In the course of recent decades, riding-in-tandem have been
the business as usual of an assortment of contracted professional
killers, criminal associations, maverick cops, socialist agitators, and
specialists of lawmakers. They have been regulated as an expansion
of nearby political power. At the point when he was chairman of Davao
City, Duterte pursued a crusade against wrongdoing that included what
ended up known as the "Davao Death Squad," which Human Rights
Watch discovered slaughtered many individuals from 1998 to 2009.6
Considering these facts, it was established that there is an
imperative need for the visible display of motorcycle’s plate number
which can immediately be verified with the Land Transportation Office
in case of involvement in criminal activity or vehicular accident.

In order to evaluate the intended benefit of the statute to its

people, it is important to take a look at previous enactments similar to
its nature. In 2014, Mandaluyong enacted Ordinance No. 550, S-2014
or the “Ordinance Regulating Motorcycle Riding-in-Tandem in
Mandaluyong City”.7 This ordinance is extended perpetually by the
passing of City Ordinance No. 694, S-2018. Fundamentally, the
proposed city ordinance was derived in Mendellin, Colombia where
criminal syndicates dealing in cocaine have been using hit men to wipe
out competitors as well as antidrug politicians and journalists.
Consequently, an ordinance requiring motorcycle riders in
Quezon City to wear not just a helmet but a “safety vest” that displays
3
Barker Thomas & Human Kelly M., Crimes of the Big Four Motorcycle Gangs, Journal of Criminal Justice, Elsevier,
Volume 37, Issue 2, March–April 2009, Pages 174-179
4
Saudi Anur Aulia Saudi,Hartini Nurul, and Bahar Bahar, Teenagers’ motorcycle gang community aggression from the
Personal Fable and risk-taking behavior perspective, Psychology Research Behavior Management, Published Online
August 7, 2018/ PRBM.S150007
5
Mandaluyong City Police Station
6
https://www.hrw.org/news/2018/06/19/philippines-scourge-killers-motorbikes
7
http://charisseabalos.com/ordinances-2014/send/4-ordinances-2014/45-ordinance-no-550-s-2014-ordinance-regulating-
motorcycle-riding-in-tandem-in-mandaluyong-city-by-charisse-abalos
their license plate number in letters and numbers six inches in size was
introduced by Councilor Ranulfo Ludovica as a deterrent against
crimes carried out by motorcycle-riding men.8
These policies produced a clamor from several motorcycle
groups claiming that these are not necessary. In People v. Vera, it held
that the person who impugns the validity of a statute must have "a
personal and substantial interest in the case such that he has
sustained, or will sustain direct injury as a result."9 The Vera doctrine
was upheld in a litany of cases, such as, Custodio v. President of the
Senate, Manila Race Horse Trainers’ Association v. De la
Fuente, Pascual v. Secretary of Public Works and Anti-Chinese
League of the Philippines v. Felix. In this case, RA the Motorcycle
Crime Prevention Act is discriminatory on the part of the motor riders
as they are being profiled as criminals and immediate threat to the
society. As an owner of motorcycle, one may request the government
to review the content of the statute, or file for a case to review its intent.
Jobert Bolanos, the Chairman of Motorcycle Rights Organization
asked the government to review road traffic laws amid what they claim
are wrongful apprehensions of riders. There has been inconsistency
between safety and security since some local governments for prohibit
motorcyclists from using helmets for the sake of complying with the
campaign of easily identifying riding-in-tandem criminals. The Republic
Act 10054, or the “Motorcycle Helmet Act of 2009,” mandates all
motorcycle riders to use helmets.10 However, places like Dasmariñas
City in Cavite and Cotabato City have imposed helmet bans in their
jurisdictions.11
Despite the clear importance of R.A. 11235, its implementation
can be problematic. For one, we belong to a culture that has been
always been hesitant in dealing with registrations and unnecessary
long queues. For another, the resources needed to furnish and
produce a new set of plate numbers for thousands of motorcycles in
the country can take too long. Even though there was a support and
collaboration with the community and NGO’s, financial sufficiency is
also needed among police officers to buy cars, equipment and firearm
to become efficient and very effective.
Other than difficulties in implementation, the validity of RA 11235
may be challenged. The validity of the law may be assailed on the
grounds of being excessively fined, discriminatory, unjust and violative
of the equal protection clause enshrined in the Constitution.12
The validity and constitutionality of the Republic Act 11235 may
be assailed if it creates or establishes methods or forms that infringe

8
https://motioncars.inquirer.net/30564/safety-vests-to-be-required-for-riders-in-quezon-city
9 People v. Vera
10
https://www.senate.gov.ph/republic_acts/ra%2010054.pdf
11
https://www.rappler.com/move-ph/issues/road-safety/180119-damarinas-city-cavite-no-helmet-policy-killings
12
In re Cunanan
constitutional principles; or its effect or purpose violates the
Constitution or its basic principles.
Motorcycle riders suffer the most harassment from traffic
authorities which is unknown to many. This can be observed by the
following: irregular checkpoints by the PNP where most riders get
harassed and excessively fined, Agency Administrative orders which
likewise provides unreasonably high fines, local ordinances that have
overlooked the income of miminum wage-earning motorists, and lastly,
national laws that penalize riders excessively.
The Local Government Units may have been taking advantage
of the situation at hand by placing the motorcycle riders in a situation
that would provide them additional source of income; whereby national
laws already penalize the offenses, but they are not implementing it for
the sake of putting up higher fines.
For example, instead of implementing the Republic Act 10054 or
the Motorcycle Helmet Act of 2009, which mandatory requires the use
of motorcycle helments by riders, some LGUs pass separate
ordinances similar to the mentioned statute in order to penalize higher
fines. This particular scenario can be somehow compared to RA 11235
which may be deemed unconstitutional for it is violative of the Article 3
Section 19 of the Bill of Rights which protects citizens from being
excessively fined. It provides:
Section 19. (1) Excessive fines shall not be imposed, nor cruel,
degrading or inhuman punishment inflicted. Neither shall death penalty
be imposed, unless, for compelling reasons involving heinous crimes,
the Congress hereafter provides for it. Any death penalty already
imposed shall be reduced to reclusion perpetua.13
Sec. 7 of the RA 11235 provides the punishment of a fine of not
less than Fifty thousand pesos (P50,000.00) but not more than One
hundred thousand pesos (P100,000.000), or both, for driving without a
number plate or readable payment. This is extremely disproportionate
to the violation and unconstitutional in relation to Article 3, Section 19
of the Bill of Rights.
In conclusion, it appears that the mandate as actualized and
about to be implemented by the authorities has been explicitly focused
to apprehend motorcycle users only. Furthermore, what is
progressively fascinating is different vehicles, for example, cars, jeeps,
vans, SUV's, trucks and transports who have a similar issue are being
overlooked. As far as the statute is concerned, it is supposed to be
inviolative of the equal protection clause of the Constitution.

13 Article 3, Section 19, Philippine Constitution