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2 01 JUL 2013

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SIXTEENTH CONGRESS Linvex ©
First Regular Session

a House BillNo. 312

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Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

AN ACT INCREASING THE PENALTY OF THE CRIME OF CARNAPPING
AMENDING FOR THE PURPOSE SECTION 14 OF REPUBLIC ACT NO. 6539
ENTITLED “AN ACT PREVENTING AND PENALIZING CARNAPPING” AND FOR
OTHER PURPOSES

EXPLANATORY NOTE

It is very alarming to know that the crime of carnapping is fast becoming an
industry for organized crime groups claiming not only valuable motor vehicles but even
the lives of motor vehicle owners. Worse, even the sense of security one feels inside his
or her own vehicle is now severely undermined.

The crime of carnapping is not just an end to itself. Oftentimes, carnapped
vehicles are used to commit other crimes such as bank robbery, murder, kidnapping
even terrorist activities. While we have existing laws penalizing carnapping, it appears
that these are not enough to address the growing statistics on carnapping particularly in
the National Capital Region and other urban centers.

Republic Act 6539 otherwise known as the Anti-Carnapping Act of 1972 is a
special law penalizing the crime of carnapping. It imposes the penalty of imprisonment
the duration of which is not less fourteen years and eight months until life imprisonment
or even death depending on the circumstances attending the commission of the crime.

Owing to the penalty prescribed under RA 6539, the crime of carnapping is
considered as only as a less serious offense, which allows the accused or perpetrator to
post bail. Section 13 Article III of the 1987 Philippine Constitution provides that “[aJll
persons, except those charged with offenses punishable by reciusion perpetua when
evidence of guilt is strong, shall, before conviction, be bailable by sufficient sureties, or
be released on recognizance as may be provided by law.”

This constitutional right to post bail enables perpetrators to commit carnapping
tepeatedly since they are entitled to post bail during trial and pendency of the case with
the courts.

Due to this limitation of the law, it is imperative to impose a stricter penalty to the
crime of carnapping and to prevent perpetrators from repeating their heinous and violent
acts by declaring the crime as a non-bailable offense.


This Representation is convinced that by increasing the penalty of imprisonment
from not less fourteen (14) yeasts and eight (8) months to twenty (20) years and one (1)
day as a minimum imposable penalty it will be covered by reciusion perpetua which will
consequently, make the crime non-bailable within the purview of Article III, Section 13 of
the 1987 Philippine Constitution.

In view of the overriding public security and interest involved, the immediate
passage of this measure is earnestly requested.

GLORIA MACAPAGAL ARROYO DIOSDADO
2" District, Pampanga 2" District, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
First Regular Session

House Bilic,_—« 3.12

Introduced by Representatives
GLORIA MACAPAGAL ARROYO and DIOSDADO MACAPAGAL ARROYO

AN ACT INCREASING THE PENALTY OF THE CRIME OF CARNAPPING
AMENDING FOR THE PURPOSE SECTION 14 OF REPUBLIC ACT NO. 6539
ENTITLED “AN ACT PREVENTING AND PENALIZING CARNAPPING” AND FOR
OTHER PURPOSES

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

Section 1. Section 14 of Republic Act No. 6539, otherwise known as the “Anti-
Carmapping Act of 1972” is hereby amended to read as follows:

“Section 14. Penalty for Camapping. Any person who is found guilty of
carnapping, as this term is defined in Section 2 of this Act, shall,
itrespective of the value of motor vehicle taken, be punishable by
imprisonment for not less than TWENTY YEARS AND ONE DAY
[fourteen years and eight months] and not more than THIRTY YEARS
[seventeen years and eight months], when the carnapping is committed
without violence or intimidation of persons, or force upon things; and by
imprisonment for not less than THIRTY YEARS AND ONE DAY
[seventeen years and four months] and not more than FORTY YEARS
[thirty years], when the carnapping is committed by means of violence
against or intimidation of any person, or force upon things; and the penalty
of life imprisonment [to death] shall be imposed when the owner, driver or
occupant of the carnapped motor vehicle is killed in the commission of the
carnapping.”

ANY PERSON CHARGED WITH CARNAPPING AS PENALIZED
HEREOF SHALL BE DENIED BAIL WHEN EVIDENCE OF GUILT IS
STRONG.

Sec. 2. All laws, presidential decrees, executive orders, proclamations and/or
administrative regulations which are inconsistent with the provisions of this Act are
hereby amended, modified, superseded or repealed accordingly.

Sec. 3. Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in at least two (2) newspapers of general circulation.

Approved.