Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 4090

INTRODUCED BY: HON. MARIA ISABELLE G. CLIMACO.

EXPLANATORY NOTE

The recent unscrupulous and abhorrent news of carnapping incidents
truly outrages the sensibility of the public. More appalling on these inciden|
that victims were not only divested of their motor vehicles but were haplessly
killed and worse, ‘their bodies incinerated beyond recognition. Although
Republic Act No. 6539 otherwise known as the “Anti-Carnapping Act of 1972”
is currently enforced, there is an indication that our law seems to be inept in
sowing upon criminal minds the supremacy of law and order.

Noteworthy that, as a country of democracy, it essentially entails the
maintenance of peace and order, the protection of life, liberty and property, and
the promotion of welfare in order for all the people to enjoy the blessing of
democracy (Section 5, Article II of the 1987 Constitution). However, these cant
only be realized if there will be a stronger measure in deterring the commission
of crimes and penalized offenses in our country, more particularly carnapping,
Albeit that it is in implementation that should be crucially endeavored to
thwart the increasing criminality in our country, it should not be ignored that a
more efficient and effective measure should be at hand.

As the news has reported, the masterminds behind these recent killings
and carnappings had been arrested for similar offenses as well as for other
felonies. But by reason of their entitlement to right to bail, these masterminds
could freely roam our country and most likely, rehash the very same offenses
or felonies they have already been indicted for several counts, and sadly, still
counting.

In light of these matters, the passage of the amendments on the penalties
on Section 14 of R.A. 6539 is impelled and earnestly sought for the furtherance
of the rule of law. In effect, the increase in the penalty to life imprisonment will
ensure a better restraint on commission of carnapping as this will be placed on

the list of non-bailable offenses.
Kee ISABELLE G. CLIMACO

Representative
1st District, Zamboanga City


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 4090

INTRODUCED BY: HON. MARIA ISABELLE G. CLIMACO.

AN ACT PROVIDING FOR STRONGER DETERRENCE FOR THE
OFFENSE OF CARNAPPING BY INCREASING THE PENALTY IMPOSED
AND DEFINING THE OFFENSE OF CARNAPPING BY A SYNDICATE AND
ITS QUALIFYING CIRCUMSTANCES AMENDING FOR THAT PURPOSE
SECTION 14 OF REPUBLIC ACT NO. 6539 OTHERWISE KNOWN AS THE
ANTI-CARNAPPING ACT OF 1972 AND FOR OTHER PURPOSES.

Be it enacted by the Senate and House of Representatives in Congress
assembled:

SECTION 1. Amending Section 14 of Republic Act No. 6539. -
Section 14 of Republic Act No. 6539 otherwise known as the “Anti-

Carnapping Act of 1972” is hereby amended to read as follows:

“Section 14. Penalty for Carnapping - Any person who is found
guilty of carnapping, as this term is defined in Section Two of this
Act, shall, irrespective of the value of motor vehicle taken, be
punished by imprisonment for not less than [fourteen years and
eight months to seventeen years and four months] SEVENTEEN
YEARS FOUR MONTHS AND ONE DAY TO TWENTY YEARS, when
the carnapping is committed without violence or intimidation of
persons, or force upon things; and [for not less than seventeen
years and four months and not more than thirty years] BY THE
PENALTY OF TWENTY YEARS AND ONE DAY TO LIFE

IMPRISONMENT, when the carnapping is committed by means of


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violence against or intimidation of any person, 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 in the commission of the carnapping.

“WHEN THE OFFENSE IS COMMITTED BY A SYNDICATE,
WITHOUT VIOLENCE AGAINST OR INTIMIDATION OF PERSONS,
OR FORCE UPON THINGS, THE PENALTY OF TWENTY YEARS
AND ONE DAY TO LIFE IMPRISONMENT SHALL BE IMPOSED
UPON ALL MALEFACTORS CONSTITUTING A SYNDICATE. WHEN
THE OFFENSE IS ACCOMPANIED BY VIOLENCE AGAINST OR
INTIMIDATION OF PERSONS, OR FORCE UPON THINGS, OR BY
CRIMES PUNISHABLE UNDER THE REVISED PENAL CODE, OR
BY OFFENSES PENALIZED UNDER SPECIAL LAWS BY A
SYNDICATE, THE ACCOMPANYING ACTS SHALL BE TREATED AS
QUALIFYING CIRCUMSTANCES. IN SUCH A CASE, THE PENALTY
OF LIFE IMPRISONMENT SHALL BE IMPOSED UPON ALL

MALEFACTORS CONSITUTING A SYNDICATE.

“THE OFFENSE IS DEEMED COMMITTED BY A SYNDICATE
WHEN TWO OR MORE MALEFACTORS TAKE PART IN THE
COMMISSION OF CARNAPPING.”

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SECTION 2. Separability Clause. ~ If any provision, part or portions of
this Act shall be held invalid, the provisions, parts or portions of the Act

not otherwise affected thereby shall remain valid and effective.


SECTION 3. Repealing Clause. — All laws, executive issuances, orders
and rules and regulations contrary to or inconsistent with this Act, or

any part thereof are hereby repealed, amended or modified accordingly.
SECTION 4. Effectivity. — This Act shall take effect upon its approval
and upon publication in the Official Gazette and two (2) newspapers of

general circulation.

Approved,