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R.A. No. 6539: ANTI-CARN!APPING ACT OF 1972 R.A. No.

10883: NEW ANTI-CARNAPPING ACT OF 2016


Passed into llaw on 17 July 2016

Punishable Acts: Penalty: Punishable Acts: Penalty:

1) Camapping If committed WITHOUT violence 1) Carnapping [Section 3] If committ!ed WITHOUT violence against
against or intimidation of persons, or intimidation of persons, or force upon
The taking, with intent to gain, of a or force upon things ·7 The taking, with intent to gain, of a things 7 20 years and 1 day to 30 years
motor vehicle belonging to another motor vehicle belonging to another imprisonment
14 years & 8 months to
without the latter's consent, or by without lt!he latter's consent, or by
17 years & 4 months
means of violenrce against or means of violence against or If committed WITH violence against or
imprisonment
intimic!lation of persons, or by using intimidation of persons, or by using intimidation of persons, or force upon
force upon things. force upon things things 730 years and 1 day to 40 years
If committed WUfH violence
against or intimidation of persons, imprisonment
or force upon things 7
When the,0wner/driver;Joccupant
Not less than 17 years & 4 of the motor vehicle is killed or raped
months to 30 years in the commission 7Jife imprisonment
1

imprisonment
NON-BAILABLE when: (a) committecrl. by
When the owner/drb1er/occupant criminal groups/gangs/syndicates; (b)
of the motor vehicle is killed or committed by means of violence or
raped iin the commission intimidation against persons; (c)
7 life iimprisonment to death. committed by means of force upon things;
(d) when the owner/driver/occupant of
the motor vehicle taken is killed or raped
in the commission of the offense.

:. · -.,., .,
2) Concealment of Carnapping The person guilty of the offense shall be
(Section 4] punished ,with:

Any person who conceals carnapping (1) a triine equal to the amount of the
as defined!under the law acquisition cost of the motor
vehicle, motor ,vehicle engine, or
Note: This is a newly defined offense any other part involved AND
under the statute. (2) inwrisonment of 6 years to 12
years

If commitltled by a juridical person ~ the


penalty shall be imposed on its:
(i) President,
(ii) secretary, and/or
(iii) members of the Board of
Directors or any of its officers
and employees - who may !have
directly participated in the
violation

If committed by any public


official/employee -(i) directly, (ii) through
gross negllgence, (iii) who connives with
or permit!s commission ~ additional
penalty of:
(i) dismissal from service,
(ii) forfeit benefits, and
(iii) Permanent disqualification
from office.

. .
~
2) Defacing or Tampering •with 3) Defacring or Tampering with
serial numbers [Section 12] serial numbers [defined in
Section 2(b); classified as an
The erasing, scratching, altering or unl3iwful act in Section 14]
changing of the original faotlory-
inscribed serial number on the motor Altering, changing, erasiqg,
vehicle engine, engine block or chassis replacing, or scratJohing of th'e
of any1motor vehicle. original factory-inscribed serial
number on the motor vehicle engine,
Whenever any mot0r vehicle is found engine blC!>ck or chassis of any motor
to have a serial number which is vehicle.
differemt from that which is listed in
the Bureau of Customs for motor Whenever any motor vehicle is found
vehicles imported into the Philippines, to have a serial number which is
that m0tor vehicle slliall be considered different from that which is listed 1in
to have a defaced .or tampered with the Bureau of Customs for motor
serial number. vehicles imported into the Philippines,
that mot<i>r vehicle shall be considered
to have a defaced or tampered with
serial number.

Note: the amendment provides the exa<rt


definition for the offense .as given in R.A.
No. 6539.

-.. I
4) Identity Transfer [Section 15)

To cause .and/or allow itlhe (i) sale, (ii)


registraii'On, and/or (iii) transfer to
another 1n ame of the chassis number,
engine number and plate number of a
motor vehicle, declared as total wreck
or beyond economic repair by the
insurance company or concerned law
enforcement agencies.

May be committed by any person,


office or entity.

Note: This is a newly defined offense


under the statute.

5) Transfer of Vehicle Plate


[Section 16)

To transfer or use a vehicle plate


from one to another- WITHOUT
securing the proper :authority from
LTO.

May be committed by any person,


office or entity.
Note: This is a newly defined offense
under the statute.

6) Sale1of Second Hand Spare Paltt!s


(Section 17]

Buy and/or Sell any second hand


spare parts taken fuom carnapped
vehicles.

May be committed by any person,


office or entity.

Note: This is a newly defined offense


under the statute.

NOTES:

The New Anti-Carnapping Act of 2016 expressly repealed R.A. 6539.

Aside from carnapping and concealment of carnapping, R.A. 10883 does not have a penal clause providing for penalties for the commission of any of the
punishable acts. This is a notable difference from R.A. 6539, which contains penal provisions in Section 13 thereof.
REGISTRATION REQUIREMENTS:

** The New Anti-Carnapping Act retlained in substance the registration requirements under the repealed law, merely changing the referral to the
Philippine Constabulary to the Philippine National Police.

1) Original Registration of Motor Vehicles [Section 5]


a. Any person seeking the original registration of a motor vehicle ;that is i) newly assembled., ii) rebuilt, 1or iii) acqui11ed from a registered
owner, shall
b. Within one (1) week after the completion of the assembly, rebuilding job or acquisition thereof
c. Apply to the PNP for clearance for registration with the LTO 7 PNP shall verify if the motor vehicle or any of its numbered parts are in the list of
carnapped motor vehicles or stolen m0tor vehicle parts. If the motor vehicle or any of its numbered parts are not in the list, the PNP shall issue
the clearance for registration.
d. Upon presentation of the certificate of clearance from the PNP and after verification of the registration of the motor vehidle engine, engine block
and chassis in the permanent registry of motor vehicle engine, engine block and chassis, the LTO shall register the motor vehicle in accordance
with existing laws, rules and regulations within twenty (20) working days.

2) Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block, Chassis [Section 6]
a. Within one (1) year upon approval of this Act, every owner or possessor of unregistered 1(i) motor vehicle or (ii) parts thereof in knock
down condition shall
b. Register with the LTO the motor vehiicle engine, e11gine block, and chassis in the name of (i) the possessor or (ii) the real owner wh(i) shall be
readily available to answer any claim over the registered motor velliicle engine, engine block, and chassis.
c. Thereafter, all motor vehicle engines, :engine block, and chassis not registered with the LTO shall be considered as (i) carnapped velticle, (ii)
an untaxed importation or (iii) com:i1n g from illegal source and
d. shall be confiscated in favor of the government.

3) Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine Blodks and Chassis [Section 7]
a. The LTO snail keep a permanent registry of motor vehicle, motor vehicle engines, engine blocks and chassis 1of all motor vehicles, specifying their
type, make, serial numbers and stating therein the names and addresses of their present and pnevious owners
b. Copies of the registry and all the entries made thereon shall be furnished the PNP and all LTO regional, provincial and city branch offices
c. It shall be unlawful for any person or employee to willfully encode in the registry of motor vehicles a (i) non-existing vehicle or without
history, (ii) new identity of already existing vehicle or double/multiple registration.

4) Registration of Sale, 11iransfer, Conveyance of a Motor Vehicle, Substitution or Replacement1@f a Motor Vehicle Engine, Fllilgine Block or Chassis [Section 8]
a. Every sale, transfer, conveyance of a motor vehicle, substitution or replacement of a motor vehicle engine, engine block ,or chassis shall be
registered with the LTO
b. Within twenty (20) working days upon (i) purchase/acquisition of a motor vehicle (!)r (ii) substitution or replacement of a motor vehicle engine,
engine block or chassis
c. A motor vehicle, motor vehicle engine, engine block, and chassis not registered with the LTO shall be presumed as (i) carnapped vehicle, (ii)
an untaxed imported vehicle or (iii) a vehicle proceeding from illegal sources, unless proven otherwise and
d. shall be confiscated in favor of the government.

5) Duty of Collector of Customs to Report [Section 9]


a. Within seven (7) days after the arrival of an imported vehicle, motor vehicle engine, engine block, chassis or body
b. The Collector of Customs 0f a principal port of entry where the imported vehicle or parts enumerated are unloaded
c. Shall report the shipment to the LTO, specifying their type, make, serial numbers,and stating therein the names and addresses of the owner or
consignee thereof.

6) Duty of Importers, Distributors and Sellers of Motor Vehicles t(i) Keep Records of Stocks [Section 10]
a. Any person engaged in the importation, c!Iistribution, and buying and selling of motor vehicles, motor vehicle engines, engine blocks, chassis or
body
b. Shall keep a permanent record of one's :stocks, specifying their type, make, serial numbers and stating therein the names and addresses of the
persons (i) from whom they were acquired, and (ii) to whom they are sold; and
c. Shall render a monthly report of their transaction in motor vehicles11!0 the LTO.

7) Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the Numbering of Engine Blocks, Chassis or Body Manufactured [Section 11]
a. Any person engaged in the manufacture of engine blocks, chassis or body shall cause the numbering of every engine block, chassis or body
manufactured
b. in a convenient and consp,icuous part thereof which the LTO may direct
c. shall submit to the LTO a monthly report of the manufacture and sale of engine blocks, chassis (i)r body.
8) Clearance and Permit Required for Assembly or Rebuilding of Motor Vehicles [Section 12)
a. Any person who shall undertake to assemble or rebuild or cause the assembly or rebuilding of a motor vehicle
b. Shall first secure a certificate of clearance from the PNP.

9) Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines, Engine Blocks, .Chassis or Boctly [Section 13)
a. The Philippine Ports Authority (PPA) shall submit a report to the PNP
b. Within seven 107) days upon boarding
c. All motor vehicles being boarded the "RORO", ferry, boat, vessel or sh\p
d. For interisland and international shipment

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