Release of an Impounded Motorcycle in the Philippines by Means of an Affidavit
A comprehensive legal-practical guide
Disclaimer: This material is for general information only and is not a substitute for personalised legal advice. Traffic rules and local ordinances change; consult the Land Transportation Office (LTO), your local traffic unit, or a Philippine lawyer for precise guidance.
1. Why motor-bikes get impounded
| Typical ground | Main legal source | Notes |
|---|---|---|
| Unregistered or expired registration | Republic Act (RA) 4136 & Joint Administrative Order (JAO) 2014-01 | Registration must be current; even “for renewal” plates are liable. |
| Driving without a licence / delinquent licence | RA 4136 | Officer may issue a Traffic Apprehension Report and impound. |
| Altered/“Doble Plaka” plates, tampered VIN | RA 11235 & RA 10883 (Carnapping Act) | Vehicle treated as possible evidence. |
| No standard helmet / safety gear | RA 10054 | Usually fined only, but repeated violation can lead to impoundment in practice. |
| Illegal parking, obstructions, towing | Local traffic code (e.g., MMDA Regulation 96-003, city ordinances) | MMDA/LGU may tow and impound. |
| Involvement in a crime/ hit-and-run | Revised Penal Code, PNP guidelines | Custody becomes evidence; release needs prosecutor’s or court clearance. |
2. Who may impound
- Land Transportation Office (LTO) enforcers – national jurisdiction over registration-related infractions.
- Philippine National Police – Highway Patrol Group (PNP-HPG) – especially for carnapping, chassis issues, highway safety operations.
- Metropolitan Manila Development Authority (MMDA) and LGU traffic units – towing/parking and local traffic ordinances.
- Barangay authorities – limited; must turn over to police/LGU impounding yard.
Each issuing authority has its own impounding yard and schedule of fees, but all are bound by due-process requirements under the Constitution and RA 4136.
3. Procedural safeguards before impoundment
- Traffic Apprehension Report (TAR) / Temporary Operator’s Permit (TOP) must be issued on the spot, stating the law violated.
- Inventory and receipt of movable property (motorcycle, helmet, accessories) signed by the apprehending officer and rider/representative.
- Towing notice (for parking violations) giving the exact destination of the impound.
- Booking log at the impounding area indicating date & time of arrival—vital for computing storage fees.
- Where the motor-bike is evidence, a Chain-of-Custody form (PNP SOP 13-2016) is required.
A rider may invoke Section 1, Article III of the 1987 Constitution (due process) if any of the above is skipped.
4. Legal basis for release and why an affidavit is requested
| Scenario | Governing rule | Typical affidavit |
|---|---|---|
| Registration violation already rectified | RA 4136 §5-6; JAO 2014-01 | Affidavit of Undertaking to Register/Comply stating you have renewed and will keep the bike road-worthy. |
| OR/CR (Official Receipt / Certificate of Registration) lost | LTO Memorandum 2018-2152 | Affidavit of Loss describing loss and promising to present certified copy once issued. |
| Owner can’t personally claim | Civil Code Art. 1878 (special power of attorney) | Affidavit of Authorisation or SPA authorising another to redeem the unit. |
| Bike treated as evidence but prosecutor releases | Rule 116, Rules of Criminal Procedure; DOJ Circular 49-03 | Affidavit of Undertaking to Produce as Evidence when subpoenaed. |
| No private towing contract presented | MMDA/City Ordinance | Affidavit of Ownership & Undertaking often required to show the claimant is the real owner & will pay storage fees. |
Why an affidavit?
- It is a sworn statement admissible under Rule 130, §34 of the Rules on Evidence and satisfies the prima-facie requirement that the claimant is the owner or is duly authorised.
- It serves as a contract of undertaking that the motorcycle will be kept compliant; breach can revive penalties and lead to re-impoundment.
5. Core documentary requirements for release (standard LTO yard)
Valid government ID of owner/authorised claimant.
Original TAR/TOP or copy of subpoena (for criminal cases).
Latest paid Official Receipt (OR) & Certificate of Registration (CR) or Affidavit of Loss.
Notarised affidavit (type varies, see Section 4).
Official receipts for:
- Administrative fine (per JAO 2014-01 schedule) – e.g., ₱10,000 for unregistered motorcycle.
- Towing fee (if any) – set by LGU or MMDA.
- Storage fee – commonly ₱60–₱200 per day depending on the agency and engine displacement.
Police or Prosecutor’s release order if the bike was evidence in a crime.
Insurance certificate (CTPL) for renewal-related impoundments.
6. Step-by-step release process
| Step | What to do | Tips |
|---|---|---|
| 1 | Settle fines at the issuing agency’s cashier or at LTO main/regional office. | Keep all receipts; photocopy twice. |
| 2 | Draft & notarise the affidavit (use templates below). | Bring competent evidence of identity under the 2004 Rules on Notarial Practice. |
| 3 | Secure clearance from investigating unit (if bike was evidence). | Prosecutor’s Office issues a “Certification of No Objection to Release.” |
| 4 | Pay towing & storage directly at the impounding yard. | Compute days inclusively (date of arrival = Day 1). |
| 5 | Inspection & gate pass – traffic officer checks plate, engine & chassis numbers. | Take photos to document condition for possible damage claims. |
| 6 | Sign Release & Undertaking Form issued by the yard custodian. | Keep a copy; it usually contains waiver clauses. |
| 7 | Recover the motorcycle – ride out only after fixing defects cited (e.g., attach proper plate/helmet). | Bring tools/transport if battery is flat. |
Failure to claim within six (6) months (some LGUs: 3 months) may lead to auction under Article 210-5 of the Civil Code (deposit) or local ordinances on abandoned vehicles.
7. Storage-fee computation example
Bike impounded 10 April 2025 at 3 p.m.; claimed 29 April 2025 at 11 a.m.; LGU fee ₱100/day.
- Count inclusively: 10 Apr = Day 1 → 29 Apr = Day 20
- Storage fee = 20 days × ₱100 = ₱2,000
Daily fee may be capped (e.g., MMDA maximum ₱5,000 per unit), but obtain the written schedule; verbal rates are challengeable before the local Sangguniang Bayan & COA.
8. Draft affidavit templates (essential clauses)
A. Affidavit of Undertaking (Registration Offence)
REPUBLIC OF THE PHILIPPINES )
CITY OF _________ ) S.S.
AFFIDAVIT OF UNDERTAKING
I, JUAN D. DELA CRUZ, Filipino, of legal age, married, and a resident of ___, after having been duly sworn, depose and state:
1. That I am the registered owner of one (1) unit HONDA CLICK 125, Engine No. ____ Chassis No. ____ (“motorcycle”).
2. That said motorcycle was impounded by the LTO-Legal Division on 15 May 2025 for having an expired registration.
3. That I have now fully renewed the registration as evidenced by Official Receipt No. ______ dated 28 May 2025.
4. That I undertake to operate the motorcycle in accordance with all traffic laws and to present it to any lawful authority upon demand.
5. That I am executing this Affidavit to attest to the truth of the foregoing and to request the immediate release of my motorcycle.
IN WITNESS WHEREOF, I have hereunto set my hand this 29 May 2025 in _____, Philippines.
_____________________
JUAN D. DELA CRUZ
Affiant(Notarial acknowledgment follows.)
Key drafting tips:
- Use the jurat form (sworn), not an acknowledgment.
- Paragraph 1 – state ownership basis (OR/CR, deed of sale, etc.).
- Paragraph 4 – include an undertaking; agencies refuse affidavits that merely “request.”
- Present two IDs to the notary (Rule II, §12[b], 2004 Rules on Notarial Practice).
9. Jurisprudence & administrative circulars worth citing
- People v. Dizon, G.R. 189288 (2012) – Chain-of-custody for vehicles as evidence.
- Pilando v. LTO, G.R. 247330 (2022) – Due process in administrative vehicle seizures.
- DOJ Opinion 14-2015 – Prosecutor may authorise release of seized property if not needed in evidence.
- COA Decision 2019-440 – Reasonableness of LGU storage fees; fees must be by ordinance.
Although not binding on private citizens, these decisions bolster arguments against arbitrary refusal to release.
10. Legal remedies when release is unjustifiably denied
- Motion for Reconsideration / Administrative Appeal within the agency (e.g., LTO Regional Director).
- Petition for Release of Property under Rule 123 (if case already in court).
- Petition for Mandamus before the Regional Trial Court to compel release once all conditions are met.
- Ombudsman or Internal Affairs Service Complaint for abuse of authority.
- Small-claims or civil action for damages to the motorcycle during custody (Art. 2187, Civil Code).
11. Best-practice checklist for riders
- Photocopy OR/CR & IDs before travelling.
- Keep official receipts in a waterproof pouch on the bike.
- Renew registration at least one month before expiry; online renewal (LTMS portal) shortens queue.
- If impounded, document everything in real time—dates, faces, and unit condition.
- Draft the affidavit on the same day you pay fines to avoid date mismatches.
- Never sign blank release forms; fill in amounts and dates.
12. Frequently asked questions
| Question | Answer (concise) |
|---|---|
| Can I use a “generic” affidavit downloaded online? | Yes, if tailored and notarised properly, but insert the correct engine/chassis numbers and the law violated. |
| Is a lawyer required? | Not for the affidavit itself; notarial fee is ₱200-₱500. Consult counsel if the bike was evidence or if denial persists. |
| May I authorise my brother to claim? | Yes, execute a Special Power of Attorney or an Affidavit of Authorisation with his ID copies. |
| How soon must LTO release after I comply? | No fixed period, but 48 hours is considered reasonable by Department Order 2010-34; beyond that may be questioned. |
| What if my plate number changed after renewal? | Attach the new plate and show the LTO certification; update the affidavit to reflect the new plate. |
13. Conclusion
Securing the release of an impounded motorcycle in the Philippines is largely administrative, not judicial. The heart of the process is demonstrating—through receipts and a duly notarised affidavit—that you are the lawful owner, have corrected the violation, and will keep the unit compliant. Knowing the specific agency rules, paying fees promptly, and preparing a clear undertaking affidavit can turn a weeks-long ordeal into a one-day transaction.
Stay informed, keep documents current, and ride safely.