Republic Act No.
6539, otherwise known as
the “Anti-Carnapping Act of 1972”, is hereby
repealed.
By
[ REPUBLIC ACT NO. 10883, July 17, 2016 ]
AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING
LAW OF THE PHILIPPINES
Motor vehicle refers to any vehicle propelled by any
power other than muscular power using the public
highways
Note that the following are not embraced in the definition of a motor
vehicle under the law and thus cannot be the subject of carnapping,
to wit:
[Link] rollers, trolley cars, street sweepers, sprinklers, lawn mowers,
bulldozers, graders, forklifts, amphibian trucks, and cranes if not
used on public highways;
[Link] which run only on rails or tracks; and
[Link], trailers and traction engines of all kinds used exclusively
for agricultural purposes
carnapping - refers to the taking, with intent to gain, of a
motor vehicle belonging to another without the latter’s
consent, or by means of violence against or intimidation of
persons, or by using force upon things.
The Supreme Court has ruled in the case of People of the
Philippines vs. Garcia and Bernabe, G.R. No. 138470, 1
April 2003, that it does not matter if the person from whom
the motor vehicle was taken is not the owner thereof. What
is simply required is that the property taken does not belong
to the offender.
Penalty for Carnapping
When the carnapping is committed without violence against or intimidation of persons, or
force upon things, the imprisonment shall be for a period not less than twenty (20) years
and one (1) day but not more than thirty (30) years.
When the carnapping is committed by means of violence against or intimidation of persons,
or force upon things, the imprisonment shall be for a period not less than thirty (30) years
and one (1) day but not more than forty (40) years.
Take note that when the owner, driver, or occupant of the carnapped motor vehicle is killed
or raped in the commission of the carnapping, the penalty of life imprisonment shall be
imposed.
Concealment of carnapping shall also be punishable under the new law. Any person guilty
of concealment of carnapping shall be imprisoned for six (6) years up to twelve (12) years
and fined equal to the amount of the acquisition cost of the motor vehicle, motor vehicle
engine, or any other part involved in the violation.
If Violator is a Juridical Person or Public Official or Foreign National
If the person violating any provision of this Act is a juridical person, the penalty
shall be imposed on its president, secretary, and/or members of the board of
directors or any of its officers and employees who may have directly participated
in the violation.
Any public official or employee who directly commits the unlawful acts defined
in this Act or is guilty of gross negligence of duty or connives with or permits the
commission of any of the said unlawful acts shall, in addition to the penalty
stated above, be dismissed from the service, and his/her benefits forfeited and
shall be permanently disqualified from holding public office.
Foreign nationals convicted under the provisions of this Act shall be deported
immediately after service of sentence without further proceedings by the Bureau
of Immigration.
Is carnapping bailable?
The right to bail can be availed of provided the evidence of guilt is not strong.
Bail shall be denied when the evidence of guilt is strong in the following
instances:
[Link] charged with carnapping;
[Link] the crime of carnapping is committed by criminal groups, gangs or
syndicates
[Link] carnapping is committed by means of violence or intimidation of any
person or persons or forced upon things
[Link] the owner, driver, passenger or occupant of the carnapped vehicle is
killed or raped in the course of the carnapping.
Special Provision on Reward who reports
carnapping
Any person who voluntarily gives information leading
to the recovery of carnapped vehicles and for the
apprehension of the persons charged with
carnapping shall be given monetary reward as the
PNP may determine. Any information given by
informers shall be treated as confidential matter.
Definition of Terms. – As used in this Act:
(a) Body building refers to a job undertaken on a motor vehicle in order to replace its
entire body with a new body;
(b) Defacing or tampering with a serial number refers to the altering, changing,
erasing, replacing or scratching of the original factory inscribed serial number on the
motor vehicle engine, engine block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have a serial number on its engine, engine block
or chassis which is different from that which is listed in the records of the Bureau of
Customs for motor vehicle imported into the Philippines, that motor vehicle shall be
considered to have a defaced or tampered serial number;
(c) Dismantling refers to the tearing apart, piece-by-piece or part-by-part, of a motor
vehicle;
(d) Identity transfer refers to the act of transferring the engine number, chassis number,
body tag number, plate number, and any other identifying marks of a motor vehicle
declared as “total wreck" or is beyond economic repair by concerned car insurance
companies and/or law enforcement agencies after its involvement in a vehicular
accident or other incident and registers the same into another factory-made body or
vehicle unit, of the same classification, type, make or model;
(f) Overhauling refers to the cleaning or repairing of the whole engine of a motor
vehicle by separating the motor engine and its parts from the body of the motor
vehicle;
(g) Repainting refers to changing the color of a motor vehicle by means of painting.
There is painting whenever the new color of a motor vehicle is different from its color
registered in the Land Transportation Office (LTO);
(h) Remodeling refers to the introduction of some changes in the shape or form of the
body of the motor vehicle;
(i) Second hand spare parts refer to the parts taken from a carnapped vehicle used in
assembling another vehicle;
(j) Total wreck refers to the state or status of a motor vehicle after a vehicular
accident or other incident, so that it is rendered in operational and beyond economic
repair due to the extent of damage in its body, chassis and engine; and
(k) Unlawful transfer or use of vehicle plates refers to the use or transfer of a vehicle
plate issued by the LTO to a certain vehicle to another vehicle. It is presumed illegally
transferred when the motor vehicle plate does not correspond with that as appearing
in the certificate of registration of the motor vehicle to which it was issued.
