CARNAPPING versus CARJACKING and MOTORNAPPING

REPUBLIC ACT NO. 10883, July 17, 2016 AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE PHILIPPINES Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: Sec. 3. Carnapping; Penalties. – Carnapping is 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. Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by imprisonment for not less than twenty (20) years and one (1) day but not more than thirty (30) years, when the carnapping is committed without violence against or intimidation of persons, or force upon things; and by imprisonment for not less than thirty (30) years and one (1) day but not more than forty (40) years, when the carnapping is committed by means of violence against or intimidation of persons, or force upon things; and 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. Sec. 4. Concealment of Carnapping. – Any person who conceals carnapping shall be punished with imprisonment of six (6) years up to twelve (12) years and a fine equal to theamount 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. Sec. 14. Defacing or Tampering with Serial Numbers of Motor Vehicle Engines, Engine Blocks and Chassis. – It shall be unlawful for any person to deface or otherwise tamper with the original or registered serial number of motor vehicle engines, engine blocks and chassis. Sec. 15. Identity Transfer. – It shall be unlawful for any person, office or entity to cause and/or allow the sale, registration, and/or transfer into another name, the chassis number, engine number and plate number of a motor vehicle declared as “total wreck” or beyond economic repair by concerned insurance company, and/or law enforcement agencies, due to its involvement in a vehicular accident or for some other causes. The LTO shall cancel the registration of total wreck vehicle as reported by the PNP and/or as declared by the Insurance Commission. Sec. 16. Transfer of Vehicle Plate. – It shall be unlawful for any person, office or entity to transfer or use a vehicle plate from one vehicle to another without securing the proper authority from the LTO. Sec. 17. Sale of Second Hand Spare Parts. – It shall be unlawful for any person, office or entity to buy and/or sell any second hand spare parts taken from a carnapped vehicle.