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New Anti-Carnapping Act of 2016

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.)
Definition of Terms.
(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;
(e) Motor vehicle refers to any vehicle propelled
by any power other than muscular power using
the public highways, except road rollers, trolley
cars, street sweepers, sprinklers, lawn mowers,
bulldozers, graders, forklifts, amphibian trucks,
and cranes if not used on public highways;
vehicles which run only on rails or tracks; and
tractors, trailers and traction engines of all kinds
used exclusively for agricultural purposes. Trailers
having any number of wheels, when propelled or
intended to be propelled by attachment to a motor
vehicle, shall be classified as a separate motor
vehicle with no power rating;
(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 inoperational and beyond
economic repair due to the extent of
damage in its body, chassis and engine;
(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.
Three amendments have been made to the
original Section 14 of the Anti-Carnapping Act: (1)
the penalty of life imprisonment was changed to
reclusion perpetua, (2) the inclusion of rape, and
(3) the change of the phrase “in the commission of
the carnapping” to “in the course of the
commission of the carnapping or on the occasion
thereof.” This third amendment clarifies the law’s
intent to make the offense a special complex
crime, by way of analogy vis-a-vis paragraphs 1 to
4 of the Revised Penal Code on robbery with
violence against or intimidation of
persons.(PEOPLE v. FABIAN URZAIS Y
LANURIAS)
R.A. No. 6539 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
R.A. No. 10883 Penalties:

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


value:

a.) When the carnapping is committed without


violence against or intimidation of persons, or
force upon things - not less than twenty (20) years
and one (1) day but not more than thirty (30) years
b.) When the carnapping is committed by means
of violence against or intimidation of persons, or
force upon things - imprisonment for not less than
thirty (30) years and one (1) day but not more than
forty (40) years

c.) The penalty of life imprisonment shall be


imposed when the owner, driver, or occupant of
the carnapped motor vehicle is killed or raped in
the commission of the carnapping.
Any person charged with carnapping or when the
crime of carnapping is committed by criminal
groups, gangs or syndicates or by means of
violence or intimidation of any person or persons
or forced upon things; or when the owner, driver,
passenger or occupant of the carnapped vehicle is
killed or raped in the course of the carnapping
shall be denied bail when the evidence of guilt is
strong.
Any person who conceals carnapping shall be
punished with imprisonment of six (6) years up to
twelve (12) years and a fine equal to the amount
of the acquisition cost of the motor vehicle, motor
vehicle engine, or any other part involved in the
violation; Provided, That if the person violating any
provision of this Act is a juridical person, the
penalty herein provided 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
prescribed in the preceding paragraph, be
dismissed from the service, and his/her benefits
forfeited and shall be permanently disqualified
from holding public office.
The Duties imposed by RA 10883 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.
11.) Any person, office or entity to transfer or use
a vehicle plate from one vehicle to another with
securing the proper authority from the LTO.
12.) Any person, office or entity to buy and/or sell
any second hand spare parts taken from a
carnapped vehicle should not be done.
- 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.

- 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. The PNP shall include
in their annual budget the amount necessary to
carry out the purposes of this section. Any
information given by informers shall be treated as
confidential matter.
PEOPLE v. FABIAN URZAIS Y LANURIAS
Facts:
That on or about the 13th day of November, 2002,
or prior thereto, in the City of Cabanatuan, Fabian
Lanurias, together with co-accused Alex Bautista
and Ricky Bautista, conspiring, confederating with
and abetting one another, with intent to gain and
by means of force, violence and intimidation, did
then and there, wilfully, unlawfully and feloniously
take, steal and carry away, a Isuzu Highlander car,
colored Forest Green, with Plate No. UUT-838 of
one MARIO MAGDATO, valued at FIVE
HUNDRED THOUSAND PESOS (P500,000.00)
Philippine Currency, owned by and belonging to
said MARIO MAGDATO, against his will and
consent
Issue:
Whether or not there is violation of the Anti-
Carnapping law.
Held:
In the instant case, the Court finds the charge of
carnapping unsubstantiated for failure of the
prosecution to prove all its elements. For one, the
trial court’s decision itself makes no mention of
any direct evidence indicating the guilt of accused-
appellant. Indeed, the CA confirmed the lack of
such direct evidence.⁠Both lower courts solely
based accused-appellant’s conviction of the
special complex crime on one circumstantial
evidence and that is, the fact of his possession of
the allegedly car napped vehicle.
The Court notes that the prosecution’s evidence
only consists of the fact of the victim’s
disappearance, the discovery of his death and the
details surrounding accused-appellant’s arrest on
rumors that the vehicle he possessed had been
carnapped. Theres is absolutely no evidence
supporting the prosecution’s theory that the
victim’s vehicle had been carnapped, much less
that the accused-appellant is the author of the
same.
2008 BAR Question:
While Carlos was approaching his car, he saw it
being driven away by Paolo, a thief. Carlos tried to
stop Paolo by shouting at him, but Paolo ignored
him. To prevent his car from being carnapped,
Carlos drew his gun, aimed at the rear wheel of
the car and fired. The shot blew the tire which
caused the car to veer out of control and collide
with an oncoming tricycle, killing the tricycle driver.

What is the criminal liability of Paolo, if any?


Explain.
Answer:
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.)