Upon seizing a motorcycle from a traffic offender, a law enforcer should follow these key steps to ensure proper handling and compliance with legal procedures:
- Immediate Reporting: The officer must immediately report the seizure to the appropriate authorities, such as the Land Transportation Office (LTO) and the Philippine National Police (PNP), through their Joint Operations and Control Center. This step ensures transparency and accountability in the seizure process
- Surrender to Impounding Center: Within 24 hours of the seizure, the law enforcer is required to surrender the motorcycle to a local impounding center designated by the local government unit (LGU). This ensures the motorcycle is securely stored and prevents misuse or loss
- Documentation: The seizure must be properly documented, including details like the date, time, location, and reason for seizure. The officer should also provide a seizure notice to the offender, explaining the grounds for seizure, the location of the impound, and the procedure for reclaiming the motorcycle
- Secure Storage: The motorcycle should be safely secured in the impound lot or storage facility to prevent damage or theft while in custody
- Follow Legal Procedures: The law enforcer must adhere to all relevant laws and regulations, informing the offender of their rights and the process for contesting the seizure if applicable. Maintaining accurate records of the seizure and communications is essential for legal compliance and transparency
Failure to comply with these procedures can result in serious penalties for the law enforcer, including fines and imprisonment, as outlined in Republic Act No. 11235 (Motorcycle Crime Prevention Act) in the Philippines
. In summary, the law enforcer must report the seizure immediately, surrender the motorcycle to an authorized impounding center within 24 hours, document the seizure properly, secure the motorcycle, and follow all legal protocols to ensure the seizure is lawful and transparent.
