SIXTEENTH CONGRESS ) 09 JUL 2013
REPUBLIC OF THE PHILIPPINES. ) ca TS fn

FIRST REGULAR SESSION ) \ ays
K
HOUSE OF REPRESENTATIVES \

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No__1218

EXPLANATORY NOTE

This bill was originally introduced as House Bill No. 1400 by the
undersigned Rufus B. Rodriguez during the 15" Congress where it was
approved by the Committee on Revision of Laws and substituted by House
Bill No. 6816, approved on 2" reading, approved on 3 reading and was
transmitted to the Senate where it was not acted upon.

This bill seeks to increase the penalties for violation of Republic Act
(RA) No. 6539, as amended, otherwise known as "The Anti-Carnapping Act
of 1972.” This bill aims to solve the rampant theft of cars and other motor
vehicles.

Oftentimes, we read from the newspapers or hear over the radio news
about cases of carnapping. The incidence of carnapping has become rampant
in Metro Manila as well as in other provinces.

Carnappers today are even more sly and innovative. They have
resorted to using advanced and high technology gadgets in their illegal
operations. They have become bolder. It is no longer safe for the common
citizens to leave their vehicle in parking areas such as those in airport,
shopping centers or churches.

After three decades, it is high time to amend RA 6539. By increasing
the penalties for violating the Anti-Carnapping Law, the same will serve as an
effective deterrent to those who continue to engage in this nefarious trade.

In view of the foregoing, approval of this bill is earnestly sought.

\

RUFYS . RODRIGUEZ

anno Kester JR.


SIXTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —_)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B, Rodriguez and
Representative Maximo B. Rodriguez, Jr.

1218

House Bill No..

AN ACT
PROVIDING FOR A REVISED CARNAPPING ACT, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 6539, OTHERWISE KNOWN AS THE
“ANTI-CARNAPPING ACT OF 1972”

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

SECTION 1. Short Title. - This Act shall be known as the “Revised
Carnapping Act’.

SEC. 2. Definition of Terms = As used in this Act the following terms shall
mean:

(a) Body building is a job undertaken on a motor vehicle in order to
replace its entire body with a new body.

(b) 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.

(c) Defacing or tampering with a serial number is the erasing, scratching,
altering or changing 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 motor
engine, engine block or chassis which is different from that which is listed in
the records of the Bureau of Customs for motor vehicles imported into the
Philippines, that motor vehicle shall be considered to have a defaced or
tampered with serial number.

(d) Dismantling is the tearing apart, piece by piece or part by part, of a
motor vehicle.

(@) Identity-transfer is 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 register the same
into another factory made body of vehicle or unit, of the same classification
type, make or model.

(f) Motor vehicle is any vehicle propelled by any power other than
muscular power using the public highways, but excepting road rollers, trolley
cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts,

2


amphibian trucks and cranes if not used on public highways, vehicles which
Tun only on rails or tracks, and tractors, trailers and traction engines of all
kinds used exclusively for agriculture purposes. Trailers having any number
of wheels, when propelled or intended to be propelled by attachment to a
motor vehicle, shall be classified as separate motor vehicle with no power
rating

(g) Overhauling is 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.

(h) Repainting is changing the color of a motor vehicle by means of
painting. There is repainting whenever the new color of a motor vehicle is
different from its color as registered in the Land Transportation (LTO).

(i). Remodeling is the introduction of some changes in the shape or form
of the body of the motor vehicle.

() Second hand spare parts are the parts taken from a carnapped
vehicle used in assembling another vehicle.

(k) Total wreck is 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.

()) Unlawful transfer or use of vehicle plates is 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 or registration of the motor
vehicle to which it was issued,

SEC. 3. Registration of Motor Vehicle Engine, Engine Block and Chassis. —
Within one (1) year after the approval of this Act, every owner or possessor of
unregistered motor vehicle or parts thereof in knock condition shall register
with the LTO the motor vehicle engine, engine block and chassis in his name
or in the name of the real owner who shall be readily available to answer any
claim over the registered motor vehicle engine, engine block and chassis.
Thereafter, all motor vehicle engines, engine block and chassis not registered
with the LTO shall be considered an untaxed importation or coming from an
illegal source of carnapped, and shall be confiscated in favor of the
government.

All owners of motor vehicles in all cities and municipalities are
required to register their cars with the local police without paying charges.

SEC. 4, Permanent Registry of Motor Vehicle Engines, Engine Block and
Chassis. - The LTO shall keep a permanent registry of motor vehicle
engines, engine blocks and chassis of all motor vehicles, specifying therein
their type, make and serial numbers and stating therein the names and
addresses of their present and previous owners. Copies of the registry and of
all entries made thereon shall be furnished the Philippine National Police
(PNP) and all LTO regional, provincial and city branch offices: Provided, That
all LTO regional, provincial and city branch offices are likewise obliged to
furnish copies of all registrations of motor vehicles to the main office and to
the PNP

SEC. 5. Registration of Sale, Transfer, Conveyance, Substitution or
Replacement of a Motor Vehicle Engine, Engine Block or Chassis. - Every
sale, transfer, conveyance, substitution or replacement of a motor vehicle

a


engine, engine block or chassis of a motor vehicle shall be registered with the
LTO. Motor vehicles assembled and rebuilt or repaired by replacement with
motor vehicle engines, engine blocks and chassis not registered with the LTO
shall not be issued certificates of registration and shall be considered as
untaxed imported motor vehicles or motor vehicles carnapped or proceeding
from illegal sources.

SEC. 6. Original Registration of Motor Vehicles. — Any person seeking the
original registration of a motor vehicle whether that motor vehicle is newly
assembled or rebuilt or acquired from a registered owner, shall within one (1)
week after the completion of the assembly or rebuilding job or the acquisition
thereof from the registered owner, apply to the Philippine National for
clearance of the motor vehicle for registration with the LTO. The PNP shall,
upon receipt of the application, verify if the motor vehicle or its numbered
parts are in the list of carnapped motor vehicles or stolen motor vehicle parts.
If the motor vehicle or any of its numbered part is not in that list, the PNP shall
forthwith issue a certificate of clearance. Upon presentation of the certificate
of clearance from the PNP and after verification of the registration of the
motor vehicle engine, block and chassis in the permanent registry of motor
vehicle engine, engine blocks and chassis, the LTO shall register the motor
vehicle in accordance with existing laws, rules and regulations

SEC. 7. Duty of Collector of Customs to Report. - The Collector of Customs
of a principal port of entry where and imported motor vehicle, motor vehicle
engine, engine block, chassis or body is unloaded, shall, within seven (7)
days after the arrival of the imported motor vehicle or any of its parts
enumerated herein, make a report of the shipment to the LTO, specifying the
make, type and serial numbers, if any, of the motor vehicle engine, engine
block and chassis or body, and stating the names and addresses of the owner
or consignee thereof. if the motor vehicle engine, engine block, chassis or
body does not bear any serial number, the Collector of Customs concerned
shall hold the motor vehicle engine, engine block, chassis or body until it is
numbered by the LTO.

SEC. 8. Duty of Importers, Distributors and Sellers of Motor Vehicles to Keep
Record of Stocks. - Any person engaged in the importation, distribution and
buying and selling of motor vehicles, motor vehicle engines, engine blocks,
chassis or body shall keep a permanent record of his stock, stating therein
their type, make and serial numbers, and the names and addresses of the
persons from whom they were acquired and the names and addresses of the
persons to whom they were sold, and shall render an accurate monthly report
of his transactions in motor vehicles to the LTO.

SEC. 9. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause
Numbering of Engine Blocks, Chassis or Body Manufactured. — Any person
engaged in the manufacture of engine blocks, chassis or body manufactured
in a convenient and conspicuous part thereof which the may direct for the
Purpose of uniformity and identification of the factory and shall submit to the
LTO a monthly report of the manufacture and sale of engine blocks, chassis
or body.


SEC. 10. Clearance and Permit Required for Assembly or Rebuilding of Motor
Vehicles. — Any person who shall undertake to assemble or rebuild or cause
the assembly rebuilding of a motor vehicle shall first secure a certificate
clearance from the PNP Provided, That no such permit shall be issued unless
the applicant shall present a statement under oath containing the type, make
and serial numbers of the engine, chassis and body. If any and the complete
list of the spare parts of the motor vehicle to be assembled or rebuilt together
with the names and addresses of the sources thereof.

In the case of motor vehicle engines to be mounted on motor boats,
motor bancas and other light water vessels, the applicant shall secure a
permit from the Philippine Coast Guard, which office shall in turn furnish the
LTO the pertinent data conceming the motor vehicle engines including their
types, make and serial numbers.

SEC. 11. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle
Engines, Engine Block, Chassis or Body. — Any person who owns or
operates inter-island shipping of any water transportation with launches,
boats, vessels or ships shall within seven (7) days submit a report to the
Philippine National Police on all motor vehicle, motor vehicles engines, engine
block, chassis or body transported by it for motor vehicle, motor vehicle
engines, engine block, chassis or body to be loaded on board the launch,
boat, vessel or ship. All inter-island and international shipping vessels shall
not carry on board vehicles without clearance from the PNP.

SEC. 12. 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. 13. /dentify-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 engine number, chassis number and plate number of a motor
vehicle declared as “total wreck" or beyond economic repair by concerned car
insurance company, and/or law enforcement agencies, due to its involvement
in a vehicular accident or for some other causes.

SEC. 14. Transfer of Vehicle Plate. - It shall be unlawful for any person,
office or entity to transfer or use vehicle plate from one to another without
securing the proper authority from the LTO.

SEC. 18. Sale of Secondhand Spare Parts. — It shall be unlawful for any
person, office or entity to buy, sell any second hand spare parts taken from a
camapped vehicle

SEC. 16, Penalty for Carnapping. — The penalty of reclusion perpetua shall
be imposed to any person who is found guilty of carnapping, as this term is
defined in Section 2 of this Act and irrespective of the value of motor vehicle
taken. When the carnapping is committed by means of violence against or
intimidation of any person, or force upon things, the penalty of reclusion
perpetua without the benefit of parole shall be imposed when the owner,
driver or occupant of the carnapped motor vehicle is killed or raped in the
course of the commission of the carnapping.

5


SEC. 17. Penal Provisions. — Any person who violates any provision of this
Act shall be punished with imprisonment for not less than prision mayor in its
maximum period and a fine equal in amount to 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 or
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 government official or employee who directly commits the
unlawful acts defined in this Act or is guilty of gross negligence of duly 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 with prejudice to his reinstatement and with disqualification
from voting or being voted for in any election and from appointment to any
public office.

SEC. 18. Aliens. - Aliens convicted under the provisions of this Act shall be
deported immediately after service of sentence without further proceedings by
the Bureau of Immigration

SEC. 19, Reward. ~ Any person who voluntarily gives information leading to
the recovery of carnapped vehicles and for the conviction of the persons
charged with carnapping shall be given monetary reward as the PNP
determine. The PNP shall include in its annual budget the amount necessary
to carry out the purposes of this section, Any information given by informers
shall be treated as confidential matter.

SEC. 20. Separability Clause. - If any provision of this Act is declared
invalid, the provision thereof not affected by such declaration shall remain in
force and effect.

SEC. 21 Repealing Clause, — Republic Act No. 6539 otherwise known as
the “Anti-carnapping Act of 1972" is hereby repealed. All laws, executive
orders, rules and regulations or parts thereof, inconsistent with the provisions
of this Act are hereby amended or repealed accordingly.

SEC. 22. Effectivity Clause. — This Act shall take effect fifteen (15) days
from its publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,