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Carnapping: The Anti-Carnapping Law

The document outlines the elements and penalties of carnapping under Philippine law. It defines carnapping as the taking of a motor vehicle without the owner's consent, by means of violence, intimidation, or force, with the intent to gain from the taking. It also details the duties imposed by the Anti-Carnapping Act of 1972 to prevent carnapping, such as requirements for vehicle registration and reporting of vehicle transactions. Penalties for carnapping and related offenses are also specified, ranging from imprisonment to fines and prohibition from public office.

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James Bugayong
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235 views3 pages

Carnapping: The Anti-Carnapping Law

The document outlines the elements and penalties of carnapping under Philippine law. It defines carnapping as the taking of a motor vehicle without the owner's consent, by means of violence, intimidation, or force, with the intent to gain from the taking. It also details the duties imposed by the Anti-Carnapping Act of 1972 to prevent carnapping, such as requirements for vehicle registration and reporting of vehicle transactions. Penalties for carnapping and related offenses are also specified, ranging from imprisonment to fines and prohibition from public office.

Uploaded by

James Bugayong
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Carnapping

The elements of carnapping as defined and penalized under the Anti-


Carnapping Act of 1972 are the following:
1. That there is an actual taking of the vehicle;
2. That the vehicle belongs to a person other than the offender
himself;
3. That the taking is without the consent of the owner thereof; or that
the taking was committed by means of violence against or
intimidation of persons, or by using force upon things; and
4. That the offender intends to gain from the taking of the
vehicle (People of the Philippines Vs. Renato Lagat y Gawan, a.k.a.
Renat Gawan and James Palalay y Villarosa, G.R. No. 187044.
September 14, 2011).

The Anti-Carnapping Law

The elements of carnapping, as mentioned in People vs. Calabroso, 340 SCRA


332, are as follows:

1.) Actual taking of the vehicle


2.) The offender intends to gain from taking the vehicle
3.) The vehicle belongs to another person, not the offender
4.) The taking was either without the owner's consent, by means of violence or
intimidation or the use of force on things

The taking of a vehicle is completed the moment the carnapper is in possession


of it, even if he has the opportunity to dispose of it (People vs. Ellasos, 411 Phil
139.) "Gain" doesn't necessarily mean profit; even if the taking was for a
joyride it's still considered carnapping (Villacorta vs. Insurance Commission, GR
54171, October 28, 1980.)

A "motor vehicle" in RA 6539 (the Anti-Carnapping Act) limits the definition to


motor-powered vehicles used on public highways. Bulldozers, graders, forklifts,
street sweepers, sprinklers, amphibian trucks, road rollers, trolley cars and
cranes aren't considered "motor vehicles" under RA 6539 unless they're on the
highway. Trains and their trailers as well as tractors and traction engines used
exclusively for agricultural purposes aren't considered "motor vehicles," but
trailers for trucks and other public highway-using vehicles are considered as
separate motor vehicles with no power rating. It is curious to note that a
tricycle, by virtue of the definition's wording ("other than muscular powerusing
the public highways") is considered a motor vehicle(!)

The duties imposed by RA 6539 are the following:

1.) All unregistered motor vehicles must be registered with the LTO and other
pertinent government agencies.
2.) The LTO must keep a permanent registry of motor vehicle engines, engine
blocks and chassis with their type, make and serial numbers as well as the
names of their present and previous owners.
3.) Every sale, transfer, conveyance, substitution or replacement of a motor
vehicle engine, engine block or chassis shall be registered with the
LTO.Unregistered vehicles and parts will not be given certificates of registration
and will be considered untaxed imported vehicles or stolen or coming from
illegal sources.
4.) If somebody wants a vehicle registered for the first time (original
registration) he has to apply with the LTO and the NBI. If the NBI clears the
application, that's a go-ahead signal to the LTO to register the vehicle.
5.) The collector of customs is required to make a report of the arrival of
imported vehicles, engines, engine block chassis and bodies to the LTO. If the
items in question have no serial numbers, the collector of customs will hold the
items in question until they are numbered by the LTO.
6.) Importers, distributors and sellers of motor vehicles are required to keep
records of their stocks, including the serial numbers and the names and
addresses of those who sold the vehicles to them as well as the buyers and
must submit a monthly report of their transactions to the LTO.
7.) Manufacturers are required to put serial numbers on their merchandise and
submit a monthly report on their production and sales to the LTO.
8.) Anyone who wants to assemble or rebuild a motor vehicle (or cause its
assembly or rebuilding) must secure a clearance certificate from the NBI. For
that, he has to prepare a statement under oath containing the  type, make and
serial numbers of the engine, chassis and body and a complete list of spare
parts as well as the names and addresses of their sources. If the vehicle is a
boat or any other water-going vehicle, a permit must be secured from the coast
guard as well.
9.) Inter-island shipping companies, if they're going to ship vehicles and parts,
must submit a report to the NBI of such transactions within 7 days of loading.
This will include serial numbers and other pertinent data.
10.) Defacing of serial numbers, whether original or registered, is prohibited.

Penalties:

1.) Carnapping itself, regardless of the vehicle's value:


a.) Without violence or intimidation -14 years and 8 months to 17 years and 4
months 
b.) With violence, intimidation or force on things -17 years and 4 months to 30
years
c.) If the owner, driver occupant of the vehicle was killed when the carnapping
was committed -life imprisonment

2.) Violation of other provisions: 2 to 6 years and a fine equal to the purchase
price of the stolen vehicle, engine or part involved in the violation

If the offender is a government official or employee, he will also be dismissed


from service and barred from running for public office. He also can't be
appointed to any public office. If the offender is is a foreigner, he'll be
automatically deported after serving sentence.

Anyone who volunteers information leading to the recovery of carnapped


vehicles and the conviction of the perpetrators shall be given a cash reward
which is to be fixed by the NBI. The information will be treated as confidential
matter.

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