If a motorcycle is used in the commission of a crime, the following individuals can be held responsible under RA 11235 (Promulgated July 2018):
- The owner of the motorcycle.
- The driver of the motorcycle.
- Any backrider who participated in the crime.
- Any passenger who participated in the crime.
1. The Owner of the Motorcycle
The criminal liability of the owner of a motorcycle used in the commission of a crime depends on several factors according to the sources, particularly the Motorcycle Crime Prevention Act (R.A. No. 11235).
Here’s a summary of the owner’s potential criminal liability:
- Use in a Grave Felony: If the motorcycle is used in the commission of a crime constituting a grave felony under the Revised Penal Code, or in the escape from such a crime, the owner who participated in the same shall be punished by reclusion temporal to reclusion perpetua (12 yrs 1 day to 40 years). This applies regardless of the stage of commission (attempted, frustrated, or consummated).
- Use in a Less Grave or Light Felony or Any Other Crime: If the motorcycle is used in the commission of a less grave or light felony under the Revised Penal Code or any other crime, or in the escape, the owner who participated shall be punished by prision correccional to prision mayor (6 months 1 day to 12 years). This also applies regardless of the stage of commission.
- Use of an Unregistered Motorcycle: If a motorcycle that is not yet registered with the LTO is used in connection with an offense, the penalty of the relevant offense shall be imposed on the offenders.
- Failure to Register or Report Sale/Disposition: Failure to register the motorcycle with the LTO within five days of acquisition, or to immediately report its sale or disposition, can subject the owner to imprisonment of arresto mayor to prision correccional, or a fine of not less than Twenty thousand pesos (P20,000.00) but not more than Fifty thousand pesos (P50,000.00), or both.
- Failure to Report Lost, Damaged, or Stolen Number Plate: Failure to immediately report a lost, damaged, or stolen number plate to the LTO and PNP can result in a fine. If such a plate is used in a crime and the owner fails to report within three days, they may face imprisonment of arresto mayor to prision correccional.
- If Death or Serious Physical Injuries Result: If death or serious physical injuries result from the unlawful use of a motorcycle in the commission of a crime, the penalty of reclusion perpetua (12 yrs to 40 yrs) shall be imposed.
It is important to note that these penalties generally apply to the owner who “participated” in the crime. The definition of “owner” under the Act also includes any person who has actual control and possession of the motorcycle, whether registered or not.
What if the owner of the motorcycle did not know that his motorcycle was used?
Here’s a breakdown of the potential responsibility of a motorcycle owner who didn’t know their motorcycle was used in a crime, based on the sources:
- Direct Participation is Key: The Motorcycle Crime Prevention Act (R.A. No. 11235) penalizes the “owner, driver, backrider or passenger who participated in” a crime where a motorcycle is used. If the owner did not participate, these direct penalties may not apply.
- Failure to Register or Report: The owner could still face penalties for:
- Failure to register the motorcycle with the LTO within five days of acquisition. This can result in imprisonment or a fine, or both.
- Failure to immediately report the sale or disposition of the motorcycle to the LTO, with similar penalties.
- If the unregistered motorcycle is used in a crime, the maximum penalty for that crime can be imposed on the offenders.
- Lost, Damaged, or Stolen Plates: If the motorcycle’s number plate was lost, damaged, or stolen and used in a crime, the owner could face a fine for failing to immediately report it. If they fail to report within three days, they could face imprisonment if the plate is used in a crime.
- Impoundment and Forfeiture: A motorcycle used in a crime will be impounded and can be forfeited in favor of the government unless the court finds the defendant not guilty or the motorcycle belongs to an innocent third party.
In summary, while the owner may not be directly penalized for the crime itself if they didn’t participate, they could still be held liable for administrative offenses related to registration and reporting, especially if these failures contributed to the commission of the crime or the use of the motorcycle went unreported. The motorcycle itself could also be subject to impoundment and forfeiture.
2. The Driver of the Motorcycle
The driver of a motorcycle can be held criminally liable if the motorcycle is used in the commission of a crime.
Here’s a breakdown of the driver’s liability according to the gravity of the crime:
- Grave Felony: If the motorcycle is used in committing a grave felony under the Revised Penal Code or in escaping from such a crime, the driver who participated is punishable by reclusion temporal to reclusion perpetua. This applies regardless of whether the crime was attempted, frustrated, or consummated.
- Less Grave or Light Felony or Any Other Crime: If the motorcycle is used in committing a less grave or light felony under the Revised Penal Code or any other crime, or in escaping, the participating driver is punishable by prision correccional to prision mayor. This also applies regardless of the stage of commission.
- Use of a Seized Motorcycle: If a seized motorcycle is used in a crime, the maximum penalty for that crime will be imposed.
- Death or Serious Physical Injuries: If death or serious physical injuries result from the unlawful use of the motorcycle in a crime, the penalty is reclusion perpetua.
- Driving Without a Number Plate: Driving without a number plate or a readable number plate can result in a fine of not less than Fifty thousand pesos (P50,000.00) but not more than One hundred thousand (P100,000.00) or both. The motorcycle will also be stopped and seized.
- Failure to Surrender Seized Motorcycle: While this applies to law enforcers, it highlights the importance of proper handling of motorcycles used in crimes.
It’s important to note that liability for the commission of the crime itself requires the driver’s participation.
3. Backrider of the Motorcycle
If a motorcycle is used in the commission of a crime, any backrider who participated in the crime can be held liable. The specific penalty depends on the severity of the crime committed:
- Grave Felony: If the crime constitutes a grave felony under the Revised Penal Code, the participating backrider shall be punished by reclusion temporal to reclusion perpetua. This applies regardless of the stage of commission (attempted, frustrated, or consummated).
- Less Grave or Light Felony or Any Other Crime: If the crime is a less grave or light felony under the Revised Penal Code or any other crime, the participating backrider shall be punished by prision correccional to prision mayor. This also applies regardless of the stage of commission.
- Death or Serious Physical Injuries: If death or serious physical injuries result from the unlawful use of the motorcycle in the commission of a crime, the penalty of reclusion perpetua shall be imposed on the participating backrider.
The key factor for the backrider’s liability is their participation in the commission of the crime.
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