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Use of motorcycle in the commission of a crime


Dear PAO,
I just want to know if there is a law that further punishes the use of a motorcycle in the commission of a crime and a penalty that may be imposed.
Josh

Dear Josh,
Section 10, Rule III of the Implementing Rules and Regulations of Republic Act 11235, otherwise known as “An Act Preventing and Penalizing the Use of Motorcycles in the Commission of Crimes by Requiring Bigger, Readable and Color-Coded Plates and Identification Marks and For Other Related Purposes,” provides:

“SECTION 10. Use of a Motorcycle in the Commission of a Crime. — If a motorcycle is used in the commission of a crime constituting a grave felony under the Revised Penal Code, or in the escape from the scene of the crime, regardless of the stage of commission, whether attempted, frustrated, or consummated, the owner, driver, backrider or passenger who participated in the same shall be punished by reclusion temporal to reclusion perpetua as provided under the Revised Penal Code.

“If a motorcycle is used in the commission of a crime constituting a less grave felony or light felony under the Revised Penal Code or any other crime, or in the escape from the scene of such crime, regardless of the stage of commission whether attempted, frustrated, or consummated, the owner, rider, backrider or passenger who participated in the same shall be punished by prision correccional to prision mayor, as provided under the Revised Penal Code.

“If a seized motorcycle is used in the commission of a crime, the maximum penalty of the relevant crime or offense shall be imposed.

“If death or serious physical injuries, as defined under the Revised Penal Code, results from the unlawful use of a motorcycle in the commission of a crime, the penalty of reclusion perpetua as provided under the Revised Penal Code shall be imposed.”

Clearly, the use of a motorcycle in the commission of a crime carries a penalty for the owner, driver, backrider or passenger of the motorcycle who participated in the commission thereof, the penalty of which depends upon the crime committed.

If the perpetrator of a crime such as murder which is a grave felony purposely used a motor vehicle or motorcycle as a means to commit the crime and to facilitate his/her escape, the use thereof may likewise be considered as an aggravating circumstance which will increase the imposable penalty. In People of the Philippines vs Zaldy Salahuddin and Three Unidentified Companions (GR 206291, Jan. 18, 2016) penned by then-Associate Justice and Chief Justice Diosdado Peralta, the Supreme Court said:

“Meanwhile, the use of a motor vehicle is aggravating when it is used either to commit the crime or to facilitate escape, but not when the use thereof was merely incidental and was not purposely sought to facilitate the commission of the offense or to render the escape of the offender easier and his apprehension difficult. In People v[s] Herbias, the Court held:

“The use of motor vehicle may likewise be considered as an aggravating circumstance that attended the commission of the crime. The records show that assailants used a motorcycle in trailing and overtaking the jeepney driven by Saladio after which appellant’s back rider mercilessly riddled with his bullets the body of Jeremias. There is no doubt that the motorcycle was used as a means to commit the crime and to facilitate their escape after they accomplished their mission.”

We hope that we were able to answer your queries. his advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

By: Chief Public Attorney Persida Acosta

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net


Source: https://www.manilatimes.net/2020/10/07/legal-advice/dearpao/use-of-motorcycle-in-the-commission-of-a-crime/777302/