New Anti-Carnapping Act and Anti-

Distracted Driving Act now in force

by Jemimah Grace N. Garcia
MANILA – Two (2) bills relating to road and vehicle safety have lapsed into
law under the administration of President Rodrigo R. Duterte in July 2016 after
former President Benigno Aquino III did not sign or veto them on during the
30-day period before he stepped down from office last June 30.

RA 10883: the New Anti-Carnapping Act

Under RA 10883, otherwise known as the New Anti -Carnapping Act, the length
of imprisonment imposed on a person found guilty of carnapping has been
increased 20 to 30 years of jail sentence, as compared to the jail term of 14
years and eight months to 17 years and four months under the old law.

When the crime is committed with violence, intimidation or use of force, the
imprisonment sentence is for 30 years and one day to 40 years. If the owner,
driver, occupant of the carnapped motor vehicle was killed or raped, the person
found guilty would be sentenced to life imprisonment. Meanwhile, any person
involved in the concealment of the crime of carnapping would be imprisoned
from six to 12 years and fined with the acquisition cost of the motor vehicle,
engine or any other part involved in the violation.

Under RA 10883, carnapping is non-bailable if the evidence of guilt is strong.

Public officials involved in carnapping may also be dis missed from service and
ordered perpetually disqualified from public office. The law also requires
those asking for the original registration of a vehicle to apply for clearance
from the Philippine National Police and the Land Transportation Office.
RA 10913: the Anti-Distracted Driving Act

Meanwhile, RA 10913, or the Anti-Distracted Driving Act (ADDA), lapsed into

law on 21 July 2016. The law makes it illegal for a driver to use mobile devices
like phones, tablets, laptops, and other gadgets while the veh icle is in motion
or while temporarily stopped at a red light. The use of such gadgets are allowed
where permissible where the drivers makes a safe stop and use the device
only while on stop. The use of gadgets is also excused for emergency
purposes.
Under the law, it is not considered “distracted driving” if the use of the mobile
gadget is made through a hands-free function, such as with a speaker phone,
earphones, or similar devices, which allow a person to use the device without
holding it. It is important, however, that the driver’s line of sight is not
obstructed by the placement of the hands -free equipment.

Punishment for violation of RA 10913 are as follows: First Offense – fined

P5,000; Second Offense – fined P10,000; Third Offense – fined P15,000 and
suspension of driver’s license for three months; and, Fourth Offense – fined
P20,000 and revocation of licenses.

Other notable bills that have now lapsed into law are:

 Republic Act (RA) 10910, which increases the prescriptive period for violations of
RA No. 3019, otherwise known as the “Anti-Graft and Corrupt Practices Act,” from
the present 15 years to 20 years.

 RA 10911, or the Anti-Age Discrimination in Employment Act, which makes it

unlawful to to decline an employment application and impose early retirement on
the basis of an employee’s age, among others.

 RA 10909, or the No Shortchanging Act, prohibits business entities from giving

change less than the amount due to the customer. It also prohibits giving candies
in lieu of monetary change. Businesses are also required to post a sign that reminds
their customers to ask for exact change. Republic Act 10909 penalizes violators
with: First offense – P500 fine; Second offense – 3-month suspension of
establishment’s license to operate plus P15,000 fine; Third offense – revocation of
establishment’s license to operate plus P25,000 fine

*Jemimah is an Associate at DivinaLaw’s Litigation Group. She regularly

appears and represents client before various courts and tribunals including the
Sandiganbayan, regular courts, Court of Appeals and the Supreme Court.