Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

SIXTEENTH CONGRESS
First Regular Session

Howse Bill No.__11.70

Introduced by Honorable JOSEPHINE “Jaye” VERONIQUE R. LACSON - NOEL

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 6539, as amended, otherwise known as
“The Anti

napping Act of 1972” by imposing reclusion perpetua as a penalty for the

crime of carnapping, which will result in the eradication of bail bond among violators.

Carnapping has become one of the most dangerous and life-threatening crimes in

the Philippines. Despite the efforts of law enforcement to exterminate this crime, the

incidence of carnapping continues to plague the country. That the existence of bail bonds

for this crime also contributes to the challenge for law enforcement. If violators can

simply post bail bond for this kind of heinous crime before being sufficiently

investigated, then violator

in continue to roam the streets and case proceedings will be

delayed

This bill aims not only to solve the rampant unlawful taking of motor vehicles
whether by means of violence against or intimidation of persons, or by using force upon
things but, to answer the need for a more effective and efficient system of penalizing and

preventing this unlawful act.

‘Thus, immediate passage of this bill is earnestly sought.

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House BillNo.__11'70

Introduced by Honorable JOSEPHINE “Jaye” VERONIQUE R. LACSON - NOEL.

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 the House of representatives of the Philippines in

Congress assembled:

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

SECTION 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.

©.) 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
vehicle imported into the Philippines, that motor vehicle shall be

considered to have a defaced or tampered with serial number.


d.)

ey:

f)

B)

h)

J)

k)

1)

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 unit, of the same cla

sation, type, make or model.
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, fork-lifts, 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 separate motor vehicle with no power rating.
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.

Repainting is 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
Commission.

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,

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 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.


SECTION 3. Registration of Motor Vehicle Engine, Engine Block and Chassis. —
Within one year after the approval of this Act, every owner or possessor of unregistered
motor vehicle or parts thereof in knocks condition shall register before the Land
Transportation Office 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 Land Transportation

Commission shall be considered an untaxed importation or coming from an illegal source

or 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 any charges.

SECTION 4. Permanent Registry of Motor Vehicle Engines, Engine Block and
Chassis. ~ The Land Transportation Office 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 ownel

. Copies of the registry and of all entries made thereon shall

be furnished the Philippine National Police and all Land Transportation Office regional,

provincial and city branch offices: Provided, That all Land Transportation Office
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 Philippine National Police.

SECTION 5. Registration of Sale, Transfer, Conveyance, Substitution or

— Every sale, transfer,

Replacement of a Motor Vehicle Engine, Engine Block or Chas:
conveyance, substitution or replacement of a motor vehicle engine, engine block or
chassis of a motor vehicle shall be registered with the Land Transportation Office 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.

SECTION 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 week after the completion of
the assembly or rebuilding job or the acquisition thereof from the registered owner, apply

to the Philippine National Police for the clearance of the motor vehicle for registration

with the Land Transportation Office. The Philippine National Police 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

3


numbered part is not in the list, the Philippine National Police shall forthwith issue a
certificate of clearance. Upon presentation of the certificate of clearance from the
Philippine National Police and after verification of the registration of the motor vehicle
engine, block and chassis in the permanent registry of motor vehicle engines, engine
block and chassis, the Land Transportation Office shall register the motor vehicle in

accordance with existing laws, rules and regulations.

SECTION 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 Land Transportation Office, specifying the make, type and serial
numbers, if any of the motor vehicle, 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 Land Transportation Office.

ION 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 are sold, and shall render
accurately a monthly report of his transactions in motor vehicles to the Land

Transportation Office.

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

blocks, chassis or body.

SECTION 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

4


Philippine National Police: 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 rebuild 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 Land Transportation Office the
pertinent data concerning the motor vehicle engines including their types, make and serial

numbers.

SECTION 11. Clearance Required for Shipment of Motor Vehicles, Motor
Vehicle Engines, Engine Block, Cassis or Body, ~ Any person who owns or operates inter
island shipping of any water or transportation which launches boats, vessels or ships shall
within seven days submit a report to the Philippine National Police on all motor vehicle,
motor vehicle engine, engine block, chassis or bodies transported by it for motor vehicle,

motor vehicle engine, 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 Philippine National Police.

SECTION 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.

SECTION 13. /dentity-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 car insurance company, and/or law
enforcement agencies, due to its involvement in a vehicular accident or for some other

causes,

SECTION 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.


SECTION 15. Sale of Second Hand Spare Parts. — It shall be unlawfal for any
person, office or entity to buy and/or sell any second hand spare parts taken from a

carnapped vehicle.

SECTION 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 Two 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; and 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.

SECTION 17. Penal provisions, ~ Any person who violates any provision of this

Act shall be punished with imprisonment for not less than p

jon mayor in its maximum

period and fine equal in the 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.

SECTION 18. Aliens. ~ Aliens convicted under the provisions of this Act shalll be
deported immediately after the service of sentence without further proceedings by the

Bureau of Immigration.

SECTION 19. Reward. — Any person who voluntary gives information leading to
the recovery of camapped vehicles and for the conviction of the persons charged with
carnapping shall be given monetary reward as the Philippine National Police may be
determine. The Philippine National Police shall include in its annual budget the amount
necessary to carry out the purposes of this section. Any information given by the

informers shall be treated as confidential matter.


SECTION 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.

SECTION 21. Repealing Clause, ~ Republic Act 6539 otherwise known as “The
Anti-Camapping Act of 1972” is hereby repealed. All laws, executive orders, rules and
regulations as part thereof, inconsistent with the provisions of this Act are hereby
amended or repealed accordingly.

SECTION 22. Effectivity Clause. - This Act shall take effect fifteen (15) days
from its publication in the official gazette or at least two (2) news papers of the general

circulation.

Approved,