Dear PAO,

I recently bought a motorcycle from my friend. I read that there is a need to register the sale of a motorcycle within 20 working days from the acquisition of ownership. In case I am not able to comply with this requirement, is there a penalty?

Andrei

Dear Andrei,

According to Republic Act (RA) 12209 or the law which amends certain provisions of RA 11235 or the Motorcycle Crime Prevention Act, in case of subsequent sale or disposition of the motorcycle, the seller shall report such disposition, in person or online, to the Land Transportation Office (LTO) not later than five working days from the date of transaction. The buyer or the new owner is required to cause the transfer of ownership of the motorcycle not later than 20 working days from the acquisition of ownership.

This requirement aims to determine the current owner of the motorcycle, as part of the State’s duty to secure and safeguard its citizens from crimes committed with the help or use of motorcycles.

The question now is in case of failure to comply with the aforementioned requirements, will the new owner be penalized by law? Based on Section 1 of RA 12209:

“x x x Failure of the dealer, original owner, or the new owner to comply with the requirements of this section shall subject the dealer, original owner, or the new owner to a fine of not more than Five thousand pesos (P5,000.00): Provided, That no seizure shall be made solely on the basis of the buyer’s failure to comply with the requirements of this section.”

It is clear from the above-quoted provision of the law that in case of failure to comply with the registration requirement, the original owner, and even the new owner may be penalized of a fine of not more than P5,000. However, it should be noted that failure to comply with the registration requirements will not result in the seizure of the motorcycle.

In your case, since you are not the original owner and you merely bought the said motorcycle from its original owner, you are required by law to cause the transfer of ownership of the motorcycle you purchased within 20 working days from the time you acquired ownership thereof. Failure to comply with the same could result to a fine of up to Five thousand pesos.

We hope that we were able to answer your queries. This 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.

We appreciate your trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]