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Establishment of Impounding Centers for Motorcycles Used in the Commission Pursuant to Section 10 of RA 11235

Background

Pursuant to Section 10 of Republic Act No. 11235, or the "Motorcycle Crime Prevention Act, the Department is mandated to ensure that LGUs establish impounding centers for motorcycle used in the commission of a crime or offense, as follows:

Impoundment and Forfeiture of a Motorcycle - A motorcycle used in the commission of a crime or offense shall be impounded by the PNP as evidence in custodio legis in a secured impounding center provided by the LGU until the termination of the case. Such a motorcycle shall then be forfeited in favor of the government unless the court finds that the defendant is not guilty of the offense charged or such motorcycle belongs to an innocent third party.

The Department of the Interior and Local Government (DILG) shall ensure and enforce that all LGUs set aside land and establish a secured impounding center that shall be under the control of the PNP to store the impounded motorcycles in accordance with this Act. They shall also have a computerized/digitized data to see to it that all impounded or released motorcycles are duly recorded and such data shall be shared on a real-time basis to the Joint PNP and LTO Operations and Control Center.

      [Underscoring supplied]

Relative thereto, all Provincial, City, and Municipal Governments are hereby enjoined to set aside land and establish an impounding center for motorcycles used in the commission of a crime. It should be noted that the impounding center should be secured to prevent any tampering of evidence.

Legal Bases / References

• Unnumbered Memo 2024.05.08 Establishment of Impounding Centers for Motorcycles Used in the Commission of Crime Pursuant to Section 10 of Republic Act 11235