In Philippine law, the amount you can claim as damages for a stolen motorcycle is not guessed or simply “what you feel it’s worth.” It is based on legal principles, evidence, and specific kinds of damages recognized by the Civil Code and related laws.

Below is a structured guide to everything essential about computing that amount.

I. Legal Bases for the Claim

Civil liability arising from a crime (ex delicto)
- A motorcycle theft is usually theft or robbery under the Revised Penal Code.
- Under Article 100 of the Revised Penal Code, every person criminally liable for a felony is also civilly liable.
- The civil liability is governed by the Civil Code on damages (Articles 2199 and onwards).
Civil liability in a separate civil case Even without a criminal conviction, or even if the accused is acquitted on reasonable doubt, the owner may still pursue a civil action based on quasi-delict or breach of obligation, as long as the evidence meets the standard of preponderance of evidence.
Insurance claims (if the motorcycle is insured)
- If the motorcycle has comprehensive insurance with theft coverage, you may claim against the insurer under the Insurance Code and the policy conditions.
- After paying you, the insurer is subrogated to your rights against the thief—meaning the thief then owes the insurer what it paid you.

These are different paths, but the elements of the actual monetary computation are similar: value of the motorcycle, other pecuniary losses, plus possible moral/exemplary damages and interest.

II. Types of Damages You Can Potentially Claim

For a stolen motorcycle, the main heads of damages you may compute are:

Actual / compensatory damages
- Value of the motorcycle at the time of loss
- Value of accessories / modifications
- Lost income or loss of use
- Related expenses (transport, documentation, etc.)
Moral damages
- For mental anguish, serious anxiety, humiliation, etc., arising from the wrongful act.
Exemplary (punitive) damages
- To serve as an example or correction for the public good, if the theft is attended by aggravating circumstances or is particularly reprehensible.
Attorney’s fees and litigation expenses
- In certain cases explicitly allowed by the Civil Code (e.g., when the defendant’s act compelled you to litigate).
Legal interest
- Interest is added to the total award, from a legally defined date, at the applicable legal interest rate (commonly 6% per annum in more recent jurisprudence).

Not all of these will apply in every case, and the court has discretion, but for computation, you should understand each one.

III. Core: Computing the Value of the Stolen Motorcycle

1. General Principle: Fair Market Value at Time of Loss

Under Article 2199 of the Civil Code, actual or compensatory damages are those “adequate to repair the damage caused”. For a stolen motorcycle, this usually means the fair market value (FMV) of the motorcycle at the time and place of the theft, not the brand-new price and not an inflated sentimental value.

Fair market value is typically understood as the price a willing buyer would pay to a willing seller under ordinary conditions.

Evidence commonly used to prove value:

Original sales invoice and/or official receipt from the dealer
LTO Certificate of Registration (CR) and Official Receipts (OR)
Insurance policy stating sum insured (not conclusive, but persuasive)
Written valuation/appraisal from dealers or appraisers
Listings of comparable motorcycles (same brand/model/year) in the market
Receipts for significant parts or upgrades (engine overhauls, new tires, etc.)

The court or insurer generally won’t accept a bare statement like “it was worth ₱200,000” without supporting evidence.

2. Depreciation: From Purchase Price to Present Value

Because vehicles lose value over time, you normally cannot claim the full original purchase price if the motorcycle is several years old.

A practical approach to computing depreciated value (especially for negotiation or insurance claims) is:

Start with the acquisition cost (total price you actually paid).
Deduct annual depreciation based on age and condition.

Depreciation is not strictly fixed in the Civil Code, and courts are not bound by any formula, but common practices in motor-vehicle valuation include:

First year: 15–20% depreciation from purchase price
Subsequent years: about 10–15% per year, depending on usage and condition

This is only a rule of thumb; in many cases, expert appraisal or actual market comparables are better.

Important: The goal is to recover the actual value at the time of loss, not to make a profit.

3. Sample Computation of Motorcycle Value

Suppose:

Purchase price 3 years ago: ₱120,000
Modifications and accessories (properly receipted): ₱20,000
Total initial investment: ₱140,000

Assume a reasonable depreciation pattern (for illustration):

End of Year 1: 20% depreciation → value = ₱112,000
Year 2 and 3: 10% per year (on the reduced amount)

You might get roughly:

End of Year 2: ₱112,000 – 10% = ₱100,800
End of Year 3: ₱100,800 – 10% ≈ ₱90,720

Rounded, a fair market value could be argued around ₱90,000–₱95,000, assuming normal wear and no major accidents.

If the ₱20,000 accessories are still intact and substantially increase value (e.g., premium exhaust, top box, crash guards, high-end tires) and you can prove them with receipts, those can be factored in, either as part of the above appraisal or as separately itemized actual damages if the base fair market value does not yet fully account for them.

IV. Other Actual Damages

1. Value of Accessories and Modifications

You may claim:

Aftermarket parts (e.g., upgraded shocks, exhaust, lights, top box)
New engine or major component replacement done shortly before theft
Safety gear that was permanently attached (e.g., installed phone mount, panniers)

To claim these effectively:

Itemize each accessory
Provide receipts or at least strong proof of purchase
Show that the accessories were installed at the time of theft (photos, witness statements, mechanic records)

2. Loss of Use / Lost Income

This is often overlooked but can be significant.

You may claim:

Lost income if:
- The motorcycle is used for business (e.g., delivery, courier, “habal-habal,” food delivery rider), and
- You can show your typical net earnings per day or per month (receipts, booking history, logs, etc.).
Computation idea:

Daily net income × number of working days you were unable to use the motorcycle.

Courts may limit this to a reasonable period—for instance, until you were able to replace the motorcycle with another vehicle or until the insurer paid the claim.
Loss of use even without income (rental value or substitute expenses)
- If the motorcycle is mainly for personal transport, you may claim the reasonable rental value of an equivalent motorcycle or the cost of alternative transportation (jeep, bus, taxi, TNVS, etc.).
- You will need receipts or a clear computation of your daily transport expenses before and after the loss.

Note: Philippine courts often require documentary or at least credible testimonial proof of lost profits or loss of use. Purely speculative numbers may be reduced or denied.

3. Related Expenses

You may also include documented expenses directly related to the theft, such as:

Fees paid for police/NBI records or certifications
LTO fees for annotations (e.g., reporting the unit as “carnapped” / stolen)
Cost of obtaining appraisal reports
Reasonable transport expenses for attending hearings or coordinating with law enforcement, insurer, etc.

These must generally be receipted or at least convincingly proven.

V. Moral, Exemplary, and Attorney’s Fees

These damages are not computed like a simple formula, but you should still understand how they affect the total amount you may claim.

1. Moral Damages

Under the Civil Code, moral damages may be awarded for:

Physical suffering
Mental anguish
Serious anxiety
Besmirched reputation
Social humiliation
Similar injury

In the context of a stolen motorcycle, moral damages may be justified if:

The theft caused serious distress or humiliation (e.g., you rely heavily on it to support your family, or the circumstances were particularly traumatic), and
You can convincingly testify about that mental/emotional anguish.

Amounts for moral damages in property cases are usually modest and discretionary. You may propose an amount (for example, ₱20,000–₱100,000 depending on gravity), but the court may increase or decrease it based on circumstances.

2. Exemplary Damages

Exemplary damages are punitive, meant to serve as an example or correction.

They may be awarded if:

The act was accompanied by bad faith, fraud, or gross negligence; or
There are aggravating circumstances in the commission of the theft.

These are also discretionary, and the courts tend to award reasonable, not excessive, amounts.

3. Attorney’s Fees and Litigation Expenses

Under Article 2208 of the Civil Code, attorney’s fees may be recovered in certain situations, such as:

When the defendant’s act or omission has compelled the plaintiff to litigate, or
When exemplary damages are awarded.

Courts often award a lump sum (e.g., a fixed amount) rather than the full contractual fees, and this is again subject to judicial discretion.

VI. Legal Interest on the Award

Once the court determines the amount of damages, legal interest is typically added.

While the exact rate and starting point are based on jurisprudence, a common modern scenario is:

6% per annum interest on the total amount of damages:
- From the time of judicial or extra-judicial demand (if the amount is already reasonably ascertainable) or
- From the date of judgment if the amount was not certain until then,
Until full payment is made.

Sample Interest Computation

Suppose the court awards:

₱95,000 (motorcycle value)
₱10,000 (accessories)
₱20,000 (loss of income)
₱30,000 (moral damages)
₱10,000 (exemplary damages)
₱15,000 (attorney’s fees)

Total principal = ₱180,000

If 6% per year interest runs for 3 years from the time of demand until payment:

Interest = ₱180,000 × 0.06 × 3 = ₱32,400
Total amount payable = ₱180,000 + ₱32,400 = ₱212,400

The precise start date for legal interest can be a legal issue in itself, but the logic is: the longer the delay in payment, the higher the interest.

VII. If There Is Insurance

If you have a comprehensive insurance policy with theft coverage, there are two layers of “amount to claim”:

Against the insurer (contractual claim)
- Usually limited by:
  - The sum insured in the policy, and
  - The actual cash value (ACV) at the time of loss (the depreciated value), whichever is lower, minus any deductible under the policy.
- The insurer may still adjust the valuation based on its own appraisal.
Illustration:
- Sum insured in the policy: ₱120,000
- Insurer’s appraised ACV at time of loss: ₱90,000
- Deductible: ₱3,000
Insurance payout: ₱90,000 – ₱3,000 = ₱87,000 (even if your original purchase price was ₱140,000)
Against the thief or liable party (delict or quasi-delict)
- Total damages computed under the Civil Code (as discussed above)
- Minus what you have already received from the insurer (to avoid double recovery)
- The insurer may separately pursue the thief through subrogation for the amount it paid you.

You, as the insured, generally cannot collect the full amount from both the insurer and the thief for the same loss. If you do, the thief (and/or insurer) can argue that you are being unjustly enriched.

VIII. If the Motorcycle Is Recovered Later

Sometimes the motorcycle is recovered:

Recovered in good condition
- If the insurer has already paid full theft loss, the unit usually becomes the property of the insurer.
- If you have not yet been fully compensated, the damages become the difference between:
  - The vehicle’s value at the time of loss, and
  - Its value upon recovery (if any reduction due to time, damage, missing parts), plus other actual damages and moral/exemplary damages as applicable.
Recovered damaged or stripped
- Compute:
  - Fair market value at time of theft minus
  - Salvage value or present value in its stripped/damaged condition
- The difference is the property damage component, then add other heads of damages (loss of use, etc.).

IX. Evidence and Practical Steps

To maximize your chances of recovering the full, lawful amount, you should:

Immediately report the theft
- File a police blotter and request a police report.
- Notify LTO to flag the unit as stolen.
- Inform your insurer promptly if insured.
Gather all documents
- OR/CR
- Sales invoice and receipts
- Insurance policy and official receipts of premium payments
- Receipts and photos of repairs, accessories, and modifications
- Business records showing earnings (for loss of income)
Document your loss of use and expenses
- Keep receipts for transport, rentals, and other related expenses.
- For income loss, preserve records such as:
  - Booking histories (for delivery riders)
  - Collection receipts
  - Previous months’ earnings as baseline.
Consider a professional appraisal
- Especially if the value is substantial or the insurer/other side is contesting your figure.
- An independent appraiser or dealer’s written valuation can help support your claim.
Coordinate the criminal and civil aspects
- If a criminal case is filed, you can file a civil aspect within the criminal case (as a private complainant) or reserve the right to file a separate civil action.

X. Putting It All Together: A Consolidated Example

Imagine this scenario:

Motorcycle fair market value at time of theft (appraised): ₱90,000
Accessories (receipted, clearly installed): ₱10,000
Lost income: ₱800/day net for 30 working days = ₱24,000
Documented transport expenses (for hearings and processing): ₱3,000
Moral damages (claimed): ₱30,000
Exemplary damages (claimed): ₱20,000
Attorney’s fees (claimed): ₱15,000

Total principal damages claimed: ₱90,000 + ₱10,000 + ₱24,000 + ₱3,000 + ₱30,000 + ₱20,000 + ₱15,000 = ₱192,000

Then add legal interest (say, 6% per annum) from the date of demand or judgment until full payment.

If you already received ₱80,000 from your insurer as theft indemnity, your remaining claim against the thief for property value would be reduced by that amount (depending on how subrogation is structured), though moral, exemplary, and attorney’s fees remain yours personally.

XI. Final Notes

The guiding principle is full indemnity for the actual loss suffered, without unjust enrichment.
Courts have wide discretion on moral, exemplary damages, and attorney’s fees, but actual damages must be proved with competent evidence.
In practice, your documentation and computation will shape the negotiation with insurers and the eventual civil award in court.

This framework should give you a solid basis to compute and justify the amount to claim for a stolen motorcycle under Philippine law, whether in dealing with an insurer, negotiating with the offender’s camp, or presenting your claim before a court.