Senator Francis Tolentino has pushed anew for amendments to the Motorcycle Crime Prevention Act or Republic Act (RA) No.111235 in a bid to make it non-discriminatory, equitable, and fair to both motorcycle owners and backriders.

Senate Bill (SB) No.2555 under Committee Report No. 11235, which Tolentino authored and sponsored, went through thorough deliberations on the floor early this week. 

The measure was co-sponsored and co-authored by Senator Ronald “Bato” Dela Rosa.

The 17th Congress enacted RA No.11235 to prevent and penalize motorcycles' use in committing crimes by requiring bigger, more readable, and color-coded number plates and identification marks, among others.

Also intended to protect the public from criminals using motorcycles and to allow easier identification of specific vehicles used in many crimes, the law imposes stricter rules and regulations on motorcycle owners and riders and other concerned government agencies such as the Land Transportation Office (LTO) and the Philippine National Police (PNP).

However, Tolentino rued that in RA No.11235, “the driver and backrider of the motorcycle riding in tandem [are] immediately treated as suspected criminals".

He said that one of the amendments being introduced to RA No.11235 seeks to change this.

“We will be amending Section 7 of RA No. 11235, wherein a plate number will no longer be needed for the front of the motorcycle, and in lieu thereof, an RFID (radio frequency identification) sticker would be required,” Tolentino shared.

He said the RFID contains the engine number, chassis number, and other vehicle identifications, which will not incur additional expense. However, a motorcycle gun scanner must be used to read the RFID during checkpoints and legal stop-and-frisks.

Lowering penalties, fines

Likewise, Tolentino introduced amendments to Section 11 of the same law, which would decrease the penalty and fines from P20,000 to not more than P50,000, to a fine of not more than P5,000. The imprisonment provision will also be removed. 

Another amendment he introduced is for Section 12, which deals with erasing, tampering, and forging of plate numbers in the current law. The fine will decrease from a maximum of P100,000 to P10,000; the prison mayor penalty will be reduced to six months imprisonment, and the fine also be reduced to P10,000.

Section 13, on the use of stolen readable number plates, the fine will be reduced to P10,000 from a maximum of P100,000; and the punishment of prision mayor imposed on the offender is likewise removed.

Tolentino noted that the backlog in LTO’s delivery of 9,060,391 motorcycle plates as of March 07, 2024, had caused the agency not to implement RA No.11235.

LTO's power and authority to suspend RA No. 11235

Meanwhile, Senate Minority Leader Koko Pimentel questioned the LTO's power and authority as an administrative agency to suspend the implementation of RA No.11235 indefinitely, which the Chief Executive did not veto.

“Should we allow an administrative agency to suspend a law?" Pimentel said, putting the question on the floor for the senators to react to.

“I share your opinion. I am of the same opinion that administrative agencies are there to implement and execute the law as enacted by Congress. Congress should likewise continue with its oversight functions regarding the execution of the law,” Tolentino responded. 

He added that the agency cannot refuse to implement a law validly enacted by Congress.

“But this is a defiance to an act of Congress, an act made by the people's representatives, which the Chief Executive did not veto. The Land Transportation Office was, in effect, vetoing it by non-execution and non-compliance,” Tolentino said.