Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
Third Regular Session

7 2695

COMMITTEE REPORT NO.
OGFEB 2013

Submitted by the Committee on Revision of Laws on
6350

CAAA
Bill Nos. 1400, 3996, 4003, 4033, 4043,

Re House Bill No.

Regommanding jts approval jn substitutign of Hou
sok aoe 4096, 4145, 4294, 5268, 5604 and 5841

Sponsors Representatives Marlyn L. Primicias-Agabas, Rufus B.
Rodriguez and Jeci A. Lapus =

Mr. Speaker:

The Committee on Revision of Laws to which were referred House Bill No. 1400,
introduced by Reps. Rufus B. Rodriguez, Maximo B. Rodriguez Jr., Ben P.
Evardone, Josephine Veronique R. Lacson-Noel, Daisy Avance-Fuentes, Amel M.
Cerafica and Jane T. Castro, entitled

“AN ACT INCREASING THE PENALTIES FOR CARNAPPING AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 6539, AS AMENDED, OTHERWISE KNOWN
AS THE ‘ANTI-CARNAPPING ACT OF 1972"

House Bill No. 3996, introduced by Reps. Inwin C. Tieng, Rex Gatchalian, Michael
Mariano M. Velarde Jr., Niel C. Tupas, Nur G. Jaafar, Emmeline Y. Aglipay,
Francisco T. Matugas, Isidro T. Ungab, David L. Kho, Roilo S. Golez, Pablo John F.
Garcia, Ronald M. Cosalan, Eleandro Jesus F. Madrona, Orlando B. Fua, Rodolfo C.
Farifias, Rodante D. Marcoleta, Aurelio “Dong” D. Gonzales Jr., Rodel M. Batocabe,
Danilo Ramon S. Fernandez, Federico “Miro S. Quimbo, Mylene J. Garcia-Albano,
Emil L. Ong, Eduardo R. Gullas, Roy M. Loyola, Mark Aeron H. Sambar, Teodoro B
Baguilat Jr. , Antonio A. Del Rosario, Jeffrey P. Ferrer, Juan Edgardo M. Angara,
Mark Llandro L. Mendoza, Arthur R Defensor Jr., entitled:

“AN ACT AMENDING SECTION 14 OF REPUBLIC ACT NO. 6539, OTHERWISE
KNOWN AS THE “ANTI-CARNAPPING ACT OF 1972", AS AMENDED BY
REPUBLIC ACT NO. 4659"

House Bill No. 4003, introduced by Rep. Salvio B. Fortuno, entitled:

“AN ACT MAKING THE CRIME OF CARNAPPING, UNDER CERTAIN
CIRCUMSTANCES, A NON-BAILABLE OFFENSE, AMENDING FOR THE


PURPOSE REPUBLIC ACT NO. 6539 AS AMENDED OTHERWISE KNOWN AS
THE “ANTI-CARNAPPING ACT OF 1972"

House Bill No. 4033, introduced by Rep. Josephine Veronique R. Lacson-Noel,
entitled:

“AN ACT AMENDING SECTION 13 AN 14 OF REPUBLIC ACT NO. 6539, AS
AMENDED, OTHERWISE KNOWN AS THE “ANTI-CARNAPPING ACT OF 1972,”

BY INCREASING THE PENALTIES THEREOF”
House Bill No. 4043, introduced by Rep. Jose Carlos Loreto, entitled:

“AN ACT INCREASING THE PENALTY FOR THE CRIME OF CARNAPPING
AMENDING FOR THAT PURPOSE SECTION 14 OF REPUBLIC ACT NO. 6539"

House Bill No. 4057, introduced by Karlo Alexei B. Nograles, entitled:

“AN ACT INCREASING THE PENALTY FOR THE CRIME OF CARNAPPING
AMENDING FOR THAT PURPOSE SECTION 14 OF REPUBLIC ACT NO. 6539"

House Bill No. 4064, introduced by Rep. Winston “Winnie” Castelo, entitled:

“AN ACT INCREASING THE PENALTY FOR THE CRIME OF CARNAPPING
AMENDING FOR THAT PURPOSE SECTION 14 OF REPUBLIC ACT NO. 6539"

House Bill No. 4090, introduced by Reps. Maria Isabelle “Beng” G. Climaco, Ma.
Amelita A. Calimbas-Villarosa and Cinchona Cruz-Gonzales, entitled:

“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”

House Bill No. 4142, introduced by Reps. Cesar V. Sarmiento and Ma. Amelita A
Calimbas-Villarosa, entitled:

“AN ACT MAKING THE CRIME OF CARNAPPING, UNDER CERTAIN
CIRCUMSTANCES, A NON-BAILABLE OFFENSE, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 6539 AS AMENDED ALSO KWOWN AS THE
ANTI-CARNAPPING ACT OF 1972"

House Bill No. 4294, introduced by Rep. Augusto Boboy Syjuco, Ph.D., entitled:

“AN ACT AMENDING REPUBLIC ACT NO. 6539, AS AMENDED, OTHERWISE
KNOWN AS THE “ANTI-CARNAPPING ACT OF 1972”

House Bill No. 5263, introduced by Rep. Catalina C. Bagasina, entitled:


“AN ACT INCREASING THE PENALTY FOR REPUBLIC ACT NO. 6539 “ANTI-
CARNAPPING ACT OF 1972".

House Bill No. 5664, introduced by Rep. Jorge “Bolet’ Banal, Bernadette Herrera-Dy
and Angelo B. Palmones, entitled

“AN ACT INCREASING THE PENALTIES FOR CARNAPPING, AMENDING FOR
THE PURPOSE REPUBLIC ACT NO. 6539, AS AMENDED, OTHERWISE KNOWN

AS “THE ANTI-CARNAPPING ACT OF 1972"
and House Bill No. 5931, introduced by Rep. Jeci A. Lapus, entitled:

“AN ACT AMENDING CERTAIN SECTIONS OF RA 6539, OTHERWISE KNOWN
AS THE ANTI-CARNAPPING ACT OF 1972, AND FOR OTHER PURPOSES”

has considered the same and recommends that the attached House Bill No.

6902 entities:

“AN ACT AMENDING REPUBLIC ACT NO. 6539 OTHERWISE KNOWN AS "THE ANTI-
CARNAPPING ACT OF 1972”

be approved in substitution of House Bill Nos. 1400, 3996, 4003, 4033, 4043, 4057, 4064,
4090, 4142, 4294, 5263, 5664 and 5931 with Reps. Rufus B. Rodriguez, Maximo B.
Rodriguez Jr., Catalina C. Bagasina, Jorge “Bolet” Banal, Bernadette Herrera-Dy, Jeci A.
Lapus, Inwin ¢. Tieng, Rex Gatchalian, Salvio B. Fortuno, Josephine Veronique R. Lacson-
Noel, Jose Carlos L. Cari, Karlo Alexei 8. Nograles, Winston "Winnie" Castelo, Amel M.
Cerafica, Maria Isabelle “Beng” G. Cllimaco, Ma. Amelita A. Calimbas-Villarosa, Cesar V.
Sarmiento, Augusto Boboy Syjuco, Ph.D., Ben P. Evardone, Daisy Avance Fuentes, Angelo
8. Palmones, Mariano Michael M. Velarde Jr., Neil C. Tupas Jr., Cinchona Cruz-Gonzales,
Jane T. Castro, Nur G. Jaafar, Emmeline Y. Aglipay, Francisco T. Matugas, Isidro T.
Ungab, David L. Kho, Roilo S. Golez, Pablo John F. Garcia, Ronald M, Cosalan,
Eleandro Jesus F. Madrona, Orlando B. Fua, Rodolfo C. Farifias, Rodante D.
Marcoleta, Aurelio “Dong” D. Gonzales Jr., Rodel M. Batocabe, Danilo Ramon S.
Fernandez, Romero Federico “Miro S. Quimbo, Mylene J, Garcia-Albano, Emil L.
Ong, Eduardo R. Gullas, Roy M. Loyola, Mark Aeron H. Sambar, Teodoro B
Baguilat Jr. , Antonio A. Del Rosario, Jeffrey P. Ferrer, Juan Edgardo M. Angara,
Mark Llandro L. Mendoza, Arthur R Defensor Jr., and Marlyn L. Primicias-Agabas as
authors thereof

Respectfully submitted,

Y. bal /
MARLY! RIMICIAS-AGABAS
Chairperson:


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Republic of the Phillippines
HOUSE OF REPRESENTATIVES.
Quezon City

Fifteenth Congress
‘Second Regular Session

‘ Parr
House Bill ho. 6909
in Substitution to House Bill Nos. 1400, 3996, 4003, 4083, 4043, 4057, 4064, 4090, 4142, 4294,
5263, 5664 and 5931

INTRODUCED BY REPRESENTATIVES RUFUS B. RODRIGUEZ, MAXIMO B. RODRIGUEZ,
CATALINA CABRERA-BAGASINA JORGE “BOLET” BANAL, BERNADETTE R. HERRERA-DY,
JECI A. LAPUS, IRWIN C. TIENG, REX GATCHALIAN, SALVIO B. FORTUNO, JOSEPHINE
VERONIQUE R. LACSON-NOEL, JOSE CARLO L. CARI, KARLO ALEXEI B. NOGRALES,
WINSTON “WINNIE” CASTELO, ARNEL M. CERAFICA, MARIA ISABELLE G. CLIMACO,
AMELITA A. CALIMBAS-VILLAROSA, CESAR V. SARMIENTO, AUGUSTO BOBOY SYJUCO,
PH.D, BEN P. EVARDONE, DAISY AVANCE-FUENTES, ANGELO B. PALMONES, MARIANO
MICHAEL M, VELARDE, JR., NEIL C. TUPAS, JR., CINCHONA CRUZ-GONZALES, JANE T.
CASTRO, NUR G. JAAFAR, EMMELINE Y. AGLIPAY, FRANCISCO “LALO” T. MATUGAS,
ISIDRO T. UNGAB, DAVID L. KHO, ROILO S. GOLEZ, PABLO JOHN F. GARCIA, RONALD M.
COSALAN, ELEANDRO JESUS F. MADRONA, ORLANDO B. FUA, RODOLFO C. FARINAS,
RODANTE D. MARCOLETA, AURELIO “DONG” GONZALES, JR., RODEL M. BATOCABE,
DANILO RAMON S. FERNANDEZ, ROMERO FEDERICO “MIRO” S. QUIMBO, MYLENE J.
GARCIA-ALBANO, EMIL L. ONG, EDUARDO R. GULLAS, ROY M. LOYOLA, MARK AERON H.
SAMBAR, TEODORO BRAWNER BAGUILAT, ANTONIO A. DEL ROSARIO, JEFFREY P.
FERRER, JUAN EDGARDO M. ANGARA, MARK LLANDRO L. MENDOZA AND ARTHUR R.
DEFENSOR, JR. AND MARLYN L. PRIMICIAS-AGABAS 4

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 Camapping Act

Section 2. Definition of terms. As used in this Act, the following terms shall mean’

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

b) Camapping is the taking, with intent to gain, of 2 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

°9) Defacing or tampering with @ serial number is the erasing, scratching, altering or changing of the
original factory-insoribed 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


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Customs for motor vehicles imported into the Philippines, that motor vehicle shall be considered to

have a defaced or tampered with sercal number

d) Dismantling’is the tearing apart, piece by piece oF part by part, of a motor vehicle.
€) Iclentity-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 deciared 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.

1) Motor vehicle is any vehicle propelied 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, amphibian trucks, and cranes if not used on public highways, vehicles,
which run only on ‘alls 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

9) 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 @ motor vehicle is different from its color as 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.

j) "Second hand spare parts’ are the parts taken from a canapped 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 itis rendered inoperational and beyond economic repair, due to the extent of damage in its body,

chassis and engine.

1) Unlawtul transfor or use of vehicle plates is the use or transfer of vehicle plate issued by the Ito to
a certain vehicle to another vehicle tis presumed legally transferred when the’ motor vehicle plate
does net correspond with that 2s appearing in the certificate or registration of the motor vehicle to

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‘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
knock condition shall register with 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 @ 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 Netional 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 Replacement of a Motor
Vehicle Engine, Engine Block or Chassis, ~ Every sale, transfer, 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. Motor vehicles assembled and rebuilt or repaired by replacement
with motor vehicle engines, engine blocks and chassis not registered with the Cand 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 atter the completion of the assembly or rebuilding job or the acquisition
thereof from the registered owner, apply to the Philippine National Police for 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 vehiole parts. Ifthe motor vehicle or any of its numbered part is not in
that list, the Philippine National Police shall forthwith issue @ 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


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vehicle engines engine blocks 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 fo Repot ~ 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 days after the arrival of the imported motor vehicle or any of its parts
‘enumerated herein, make 2 report of the shipment to the Land Transportation Office, 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 Land

‘Transportation Office.

Section 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 a accurate monthly report of his transactions in motor vehicles to the Land Transportation

Office

Section 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 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 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 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 baneas 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.


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Section 11. Clearance Required for Shipment of Motor Vehicles, Motor Vehicle Engines, Engine
Block Chassis or Body. - Any person who owns or operates interistand shipping of any water
transportation with launches, boats, vessels or ships shall within seven days submit a report to the
Philippine National Police on all motor vehicle, motor vehicle engines, engine block, chassis or bodies
‘transported by it for motor vehicle, motor vehicle engine, engine block, chassis ot 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 Serie! 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 andior allow
the sale, registration, andlor transfer into another name, the chassis number, engine number and
plate number of a motor vehiicie declared as “total wreck" or beyond economic repair by concerned
car insurance company, and/or law enforcement agencies, due to its involvement in @ 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 unlawful for any person, office or entity to
buy, 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 penatty of reclusion perpetua without the
benefit of parole shall be imposed when the owner, driver or occupant of the camapped motor vehicle
is killed of 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 prision mayor in its maximum period and 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.”


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‘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 penelty 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 shall be deported immediately
atter service of sentence without further proceedings by the Bureau of immigration.

Section 19. Reward. ~ Any person who voluntarily 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 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 informers shall be treated as confidential matter.

Section 20. Separabilty 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 No 6539 otherwise known as “The Anti-camiapping
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

Section 22. Etfectivity Clause. - This Act shall take effect fifteen (15) days from its publication in the
official gazette or at least two (2) newspapers of general circulation,

Approved,


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

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

1400

House Bill No.

EXPLANATORY NOTE

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 camapping. 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.

RUI Kf ;OPRIGUEZ

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

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

400
House Bill No.

AN ACT
INCREASING THE PENALTIES FOR CARNAPPING, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 6539, AS AMENDED, OTHERWISE
KNOWN AS “THE ANTI-CARNAPPING ACT OF 1972”

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

SECTION 4. Section 13 of Republic Act No. 6539, as amended, otherwise
known as “The Anti-Carnapping Act of 1972,” is hereby further amended to
read as follows:
“Sec. 13. Penal Provisions. - Any person who violates

any provision of this Act shall be punished with imprisonment for

not less than [two] SIX (6) years [nor] AND ONE (1) DAY BUT

NOT more than [six] TWELVE (12) years and a fine [equal]

DOUBLE 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.

x 5 x"

SEC. 2. Section 14 of the same Act, as amended, is hereby further amended
to read as follows:

“Sec. 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 that [fourteen
years and eight months] SEVENTEEN YEARS AND FOUR
MONTHS and not more than [seventeen] TWENTY years and
four months, when the camapping is committed without violence
or intimidation of persons, or force upon things; and by
imprisonment for not less than [seventeen] TWENTY years, and
[four months] ONE DAY and not more than thirty years, when
the carapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty
of reclusion perpetua {to death] 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 or on the occasion thereof.”

SEC. 3. This Act shall take effect fifteen (15) days after its publication in any
two (2) national newspapers of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 8996

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

EXPLANATORY NOTE

Carjacking has become an even more gruesome crime these days. People
lose not only their cars but their lives as well. Targets of this terrifying scourge
nowadays are car dealers who try to sell rather ry cars. The victims are not
only shot but apparently charred beyond recognition. It has become such that
selling cars these days seems a death-defying chore.

With the increasing incidence of camapping and other motor vehicle
related crimes, the need for a more effective and efficient system of penalizing
and preventing these crimes arises. The ruthless camappers and killers deserve
heavy penalty.

This bill seeks to amend the Republic Act No. 6539 (“The Anti-Camapping
Act of 1972”) by increasing the imposable penalty to curb these brutal and
merciless criminals and protect the society.

Thus the immediate passage of this bill is earnestly sought.

IN C. TIENG MARIANO MICHAEL M. VELARDE


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3996

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

AN ACT AMENDING SECTION 14 OF REPUBLIC ACT NO. 6539
OTHERWISE KNOWN AS THE “ANTI-CARNAPPING ACT OF 1972” AS
AMENDED BY REPUBLIC ACT NO. 7659

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

SECTION 1. Amendment - Section 14 of Republic Act No. 6539,
otherwise known as the “Anti-Camapping Act of 1972” as amended by Republic
Act No. 7659 is hereby amended to read as follows:

"Sec. 14. Penalty for Camapping. - THE PENALTY OF RECLUSION
PERPETUA SHALL BE IMPOSED UPON any person who is found guilty of
camapping, 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 and not more than seventeen years
and four months, when the carnapping is committed without violence or
intimidation of persons, or force upon things; and by imprisonment for not
less than seventeen years and four months and not more than 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 reciusion
perpetua to death shall be imposed when the owner, driver or occupant of the
carapped motor vehicle is killed or raped in the course of the commission of the
carnapping or on the occasion thereof.”

SECTION 2. Repealing Clause. — Any laws, executive orders, presidential
decrees, ordinances, rules and regulations or parts thereof which are inconsistent
with any of the provisions of this Act are hereby repealed or modified accordingly.

SECTION 3. Effectivity. - This Act shall take effect fifteen (15) days after
its complete publication in the Official Gazette or in at least two (2) national
newspapers of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

4003

HOUSE BILL No.

Introduced by: REPRESENTATIVE SALVIO B. FORTUNO.

EXPLANATORY NOTE,

The recent spate of carnappings that hugged banner headlines in national dailies the past
few days had brought to the fore the issue as to whether or not the present aw on the matter
remains applicable at this time to deter the commission of such crime. The grisly manner in
which the crimes were committed in succession had caused tremendous pressure to the
authorities, excruciating pains to the victim’s families and fear and outrage to the people,
particularly those in the car dealership industry. Even the restoration of death penalty has again
resurfaced to the national consciousness as one of possible deterrents as it would strike fear to the
hearts of the criminals. But this ticklish issue has again resurrected those pro-life and pro-death
penalty advocates fueling heated debates that may cause divisiveness among our people.

Republic Act No. 6539 otherwise known as the “Anti-Carnapping Act of 1972” was
enacted primarily to arrest the growing number of cases committed at that time. The law impos
a penalty of imprisonment of fourteen (14) years to seventeen (17) years when camapping is
committed without violence or intimidation of persons, or force upon things, not less than
seventeen (17) years to not more than thirty (30) years when the crime is committed by means of
violence against or intimidation of persons, or force upon things, and reclusion perpetua to death
when the owner, driver or occupant of the carnapped motor vehicle is killed o raped in the course
of the commission of such crime or on occasion thereof.

Based on the gravity of the penalty imposed under the aforementioned law, the
commission of eamapping has already been considered as heinous crime more than four decades
ago. However, camnapping cases remain unabated. In fact, record reveals that a combined 1,739
motor vehicles and motoreyeles were reported stolen in 2010.

This bill therefore seeks to make the crime of camapping as a non-bailable offense. The
paramount objective of this bill is to deter further commission of such crime because the suspect
cannot be able to continue his nefarious activities while languishing in jail. It must be noted that
one of the suspects in the gruesome killing of car dealer Venson Evangelista and possibly
Lozano, has fifteen (15) car theft cases pending in various courts. Yet, he remains scot-free.

In view of the foregoing, the approval of this bill is eamestly

Fifth Dfstrict, Camarines Sur


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILLNo.__ 4003

Introduced by: REPRESENTATIVE SALVIO B. FORTUNO

AN ACT
MAKING THE CRIME OF CARNAPPING, UNDER CERTAIN
CIRCUMSTANCE, A NON-BAILABLE OFFENSE, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 6539 AS AMENDED 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:

. SECTI
known as the “Anti:

N 1. Section 14 of Republic Act No. 6539 as amended otherwise
‘arnapping Act of 1972” is hereby amended to read as follows:

“SEC. 14. Penalty for Carnapping. ~ xxx XXX xxx

THE PROVISION OF THE LAW TO THE CONTRARY
NOTWITHSTANDING, NO BAIL SHALL BE RECOMMENDED
WHEN THE CARNAPPING IS COMMITTED BY MEANS OF
VIOLENCE OR INTIMIDATION OF ANY PERSON, OR FORCE
UPON THINGS, OR WHEN THE OWNER, DRIVER OR
OCCUPANT OF THE CARNAPPED MOTOR VEHICLE IS KILLED
OR RAPED IN THE COURSE OF THE COMMISSION OF THE
CARNAPPING OR ON THE OCCASION THEREOF.”

SEC. 2. This Act shall take effect fifteen days after its publication in at least
two (2) newspapers of national circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No.4033.

Introduced by Honorable JOSEPHINE VERONIQUE R. LACSON - NOEL.

EXPLANATORY NOTE

This bill seeks to amend Republic Act No. 6539, as amended, otherwise known as
“The Anti-Camapping Act of 1972,” by imposing reclusion perpetua as a penalty for the
crime of camapping, which will result in the eradication of bail bonds 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. Further, the existence of bail
bonds for the crime of camapping also contributes to the challenge for law enforcement.
If alleged criminals can simply post bail for such a heinous crime before being
sufficiently investigated, then law offenders can continue to roam the streets and case
proceedings can become delayed.

This bill aims not only to solve the rampant theft of motor vehicles but to also
answer the need for a more effective and efficient system of penalizing and preventing
‘this crime.

Thus, the immediate passage of this bill is eamestly sought.

JOSEPHINE VERQNIQUE R. LACSON - NOEL


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

FIFTE!

NTH CONGRESS
t Regular Session

House Bill No. 4033

Introduced by Honorable JOSEPHINE VERONIQUE R. LACSON - NOEL

AN ACT
AMENDING SECTION 13 AND 14 OF REPUBLIC ACT NO. 6539, AS

AMENDED, OTHERWISE KNOWN AS “THE ANTI-CARNAPPING ACT OF

1972,” BY INCREASING THE PENALTIES THEREOF

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

Congress assembled:

SECTION 1. Section 13 of Republic Act No. 6539, as amended, otherwise

known as “The Anti-Camapping Act of 1972,” is hereby further amended to read as
follows:

“Section 13. Penal Provisions. Any person who violates any provisions of
this Act shall be punished with imprisonment for not less than [two] SIX (6) years
[nor] AND ONE (1) DAY BUT NOT more than [six] TWELVE (12) years and
a fine [equal] DOUBLE 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 duty or connives with or
permits the commission of any of the said unlawful act 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 2. Section 14 of the same Act, as amended, is hereby further 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] TWENTY YEARS AND FOUR MONTHS
and not more than [seventeen] FORTY (40) years and four months, when the
carnapping is committed without violence or intimidation of persons, or force
upon things; and by imprisonment for not less than [seventeen] TWENTY-
THREE (23) years, and [four months] ONE DAY and not more than [thirty]
FORTY-THREE (43) years, when the camapping 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 carapped motor vehicle is killed in the commission of the
carapping.

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

SECTION 3. Any laws, executive orders, presidential decrees, ordinances, rules
and regulations or parts thereof which are inconsistent with any of the provisions of this
Act are hereby repealed or modified accordingly.

SECTION 4. This Act shall take effect fifteen (15) days after its publication in
the Official Gazette.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15T CONGRESS.
First Regular Session

HOUSE BILLNO._ 40423

Introduced by REP. SALVADOR H. ESCUDERO II

EXPLANATORY NOTE

Carnapping is a criminal offense that is oftentimes committed with great ease and
success, In fact, the use of a stolen vehicle serves as a means of committing other crimes
such as robbery, murder and kidnapping. And sadly, the current law that seeks to address
carnapping proves insufficient, if not inutile

Republic Act No. 6539 or the Anti-Carnappping Act of 1972 defines the crime of
carnapping. However, the penalty prescribed therefor in relation to Section 13, Article
IIT’ of the Constitution, entitles an accused to post bail as a matter right. Consequently,
carnapping is viewed as a less serious crime, which may be done repeatedly in the
absence of immediate incarceration upon indictment and pending trial of the accused.

Albeit, there is a graduation of penalties under Section 14? of the said law, the act
of carnapping per se is punishable “by imprisonment for not less than fourteen years and
eight months and not more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon things.” As such, it
falls short of the minimum period for reclusion perpetua, which is at least twenty years
and one day, for the first requisite to deny bail as a right under the abovecited
constitutional provision to be present.

1 Alll persons, except those charged with offenses punishable by reclusion 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. The right to bail shall not be
impaired even when the privilege of the writ of habeas corpus is suspended. Excessive
bail shall not be required.

2 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 and not
more than seventeen years and four months, when the carnapping is committed without
violence or intimidation of persons, or force upon things; and by imprisonment for not
less than seventeen years and four months and not more than 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 shalll be imposed when
the owner, driver or occupant of the carnapped motor vehicle is killed in the
commission of the carnapping.


It is thus submitted that the penalty be increased by making twenty years and one
day the minimum penalty imposable for the crime of carnapping thereby satisfying the
period covered by reclusion perpetua®

In view of the foregoing, this bill is being advanced for study and deliberation
And accordingly, its approval.

ZX
SALVADOR H. ESCUDERO III

3 Twenty years and one day to forty years. Article 27, Revised Penal Code.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

15™ CONGRESS
First Regular Session

HOUSE BILL No. 40 43

Introduced by REP. SALVADOR H. ESCUDERO IIL

AN ACT
INCREASING THE PENALTY FOR THE CRIME OF CARNAPPING
AMENDING FOR THAT PURPOSE SECTION 14 OF REPUBLIC ACT NO. 6539

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

SECTION 1. Section 14 of Republic Act No. 6539 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 TWENTY
YEARS AND ONE DAY [fourteen years and eight months] and not more than THIRTY
YEARS [seventeen years and four 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
from its publication in the Official Gazette or at least three (3) newspapers of national
circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

Introduced by Rep. Karlo A. B. Nograles

House BillNo.__ 405'7

EXPLANATORY NOTE

This bill seeks to increase the penalties for violators of “The Anti-Carnapping Act” or
Republic Act (RA) No. 6539. It aims to prevent the rampant incidents of camapping in the
Philippines by providing stiffer penalties to offenders.

Since 1972, RA No. 6539 has been in place to protect the Filipino people against theft of
motor vehicles. Motor vehicles are oftentimes utilized in committing crimes or as getaway vehicles
in the perpetration of other crimes.

Nowadays, carnappers have become more violent and blatant in breaking the law. This
representation believes that by strengthening Section 14 (Penalty for Camapping) of Republic Act
6539, we can minimize the incidents of crime.

It is, therefore, earnestly requested that this bill be urgently approved.

KARLO A. B. NOGRALES
Representative
Ist District, Davao City



Republie of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

Fifteenth Congress
First Regular Session

House BillNo.__ 4057

Introduced by REP. KARLO A. B. NOGRALES.

AN ACT INCRESING THE PENALTY FOR THE CRIME OF CARNAPPING AMENDING
FOR THAT PURPOSE “TION 14 OF REPUBLIC ACT NO. 6539

SECTION 1. Section 14 of Republic Act No. 6539 is hereby ammended 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 TWENTY YEARS AND ONE DAY (fourteen years and
eight months) and not more than THIRTY YEARS (seventeen years and four 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.”

SECTION 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

SECTION 3. Effectivity Clause. This Act shall take effect fifteen (15) days form its publication in
~ the Official Gazette or at least three (3) newspapers of national circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

4064

HOUSE BILL NO.

Introduced by Rep. Winston “Winnie” Castelo

EXPLANATORY NOTE
There are writings on the wall, matter-of-factly.

Everyone is batting for heavier punishment for carjacking or carnapping,
first from the victims but even more so with potential victims, meaning, the
general populace of peace and freedom loving people.

The upsurge of carjacking cases in recent weeks create the ‘shark-attack-
effects’ in our political beach that it seems, everyone is now afraid to swim, in a
manner of speaking. But since our is a democracy, people just have to lead
normal lives and in fact, enjoy Constitutionally-guaranteed rights to property and
to life to the fullest without the spectre of harm, injury or death.

Thus, carjacking as a crime must now carry much longer and heavier
punishment than what Republic Act No. 6539 so stipulates. Under the proposal
that simply counterparts the same and similar measure filed by Senator Francis
‘Chiz’ Escudero, this bills further seeks to make crime as non-bailable
offense.

In other words, let the work of “zer
begin. The strong endorsement for its
most earnestly prayed for.

jiate approval into law is hence

“WINNIE” CASTELO


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4064

Introduced by Rep. Winston “Winnie” Castelo

AN ACT
INCREASING THE PENALTY FOR THE CRIME OF
CARNAPPING AMENDING FOR THAT PURPOSE SECTION 14 OF
REPUBLIC ACT NO. 6539

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

SECTION 1. Section 14 of Republic Act No. 6539 is hereby amended to
read as follows:

“Section 14. Penalty for Camapping. Any person who is found guilty of
camapping, 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 TWENTY YEARS AND ONE DAY {fourteen years and eight months} and
not more than THIRTY YEARS { seventeen years and four months}, when the
camapping 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 camapping 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 impost when the owner, driver or occupant of the
camapped motor vehicle is killed in the commission of the camapping.

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

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

SEC 3 Effectivity Clause. This Act shall take effect fifteen (15) days from
its publication in the Official Gazette or at least three (3) newspapers of national
circulation.

Approved,


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


10

11

12

13

14

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


21
22

23

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.”

mis Sg

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,


Fifteenth Congress
First Regular Session

HOUSE BILLNO.__4294

Introduced by Honorable Augusto Boboy Syjuco, Ph.D.

EXPLANATORY NOTE

This bill aims to amend Republic Act No. 6539, otherwise known as the
“Anti-Carnapping Act of1972,” by allowing the accused, in case of bailable act of
carnapping, to post a bail bond equivalent to twice the fair market value of the
carnapped motor vehicle.

The recent carnapping incidents that were perpetrated by notorious criminal
syndicates have spread across the country. The gruesome murders of carnapping
victims have caused fear among the people and tainted the image of the Philippines
before the international community. The situation is very alarming because these
incidents have shown the wanton disregard of the perpetrators to our laws and the
duly constituted authorities.

Thus, we need to act now in order to stop these senseless carnapping. With
the approval of this bill, it is expected to serve as a deterrent to criminal elements

who remain at large and are on the loose to prey upon their next victim.

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

wes Awe

AUGUSTO BOBOY SYJUCO, Ph.D.


Fifteenth Congress
First Regular Session

HOUSE BILL NO. 4294

Introduced by Honorable Augusto Boboy Syjuco, Ph.D.

AN ACT
AMENDING REPUBLIC ACT NO. 6539, AS AMENDED, OTHERWISE
KNOWN AS OF THE “ANTI-CARNAPPING ACT OF 1972”

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, as amended, is hereby
further 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 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 and not more than seventeen years and four months, when the
carnapping is committed without violence or intimidation of persons,
or force upon things; and by imprisonment for not less than
seventeen years and four months and not more than 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
[reclusion perpetua to death] LIFE IMPRISONMENT 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 or on the occasion thereof.

IN CASE OF A BAILABLE ACT OF CARNAPPING, THE
ACCUSED SHALL BE REQUIRED TO POST A BAIL BOND
EQUIVALENT TO TWICE THE FAIR MARKET VALUE OF THE
CARNAPPED MOTOR VEHICLE.”


SEC. 2. Repealing Clause. — All laws, decrees, executive orders,
rules and regulations or parts thereof inconsistent with the provisions of this

Act are hereby repealed or modified accordingly.

SEC. 3. Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in two (2) national newspapers of general

circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

5263
HOUSE BILLNO,_9263

Introduced By HONORABLE CATALINA CABRERA-BAGASINA
Association of Laborers and Employees (ALE) Partylist

EXPLANATORY NOTE

This bill seeks to increase the penalty for the crime of carnapping and
making it a non-bailable offense. With the recent incidents of carjacking, it is
high time to amend Republic Act No. 6539 “Anti-Carnapping Act of 1972” so as
to foil all carnapping syndicates nationwide.

Based on 2011 Report of the Philippine National Police (PNP)
Headquarters Highway Patrol Group, The recorded carnapping incidents for the
first 4 months of 2011 have attained a considerable decrease of 56.26% or 368
incidents less compared to the same period of 2010. Moreover, Stolen While
Parked (SWP) vehicles registered the highest this year with 207 cases while
those that were Seized at Gunpoint with Intimidation (SAGI) or Forcibly Taken
vehicles has 60 incidents. Failed to Return (FTR) cases is marginal at 19
incidents.

With the proper amendments in place, the crime of carnapping will be
decreased drastically if not fully eradicated.

Thus, the passage of this bill is earnestly sought.

HON. CATALINA CABRERA-BAGASINA


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:
Second Regular Session

HOUSE BILL No.__5263

Introduced By HONORABLE CATALINA CABRERA-BAGASINA
Association of Laborers and Employees (ALE) Partylist

AN ACT
INCREASING THE PENALTY FOR REPUBLIC ACT NO. 6539 “ANTI
-CARNAPPING ACT OF 1972”

Section 1. Section 13 of Republic Act No. 6539 is hereby amended to read as
follows:

Any person who violates any provisions of this Act shall be punished with
imprisonment for not less than PRISION MAYOR IN ITS MEDIUM 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 duty or connives with or
permits the commission of any of the said unlawful act 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 2. Section 14 of Republic Act No. 6539 is hereby amended to read as.
follows:

Penalty for Camapping. 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 in the commission of the
carnapping.

Section 3. Separability clause. \f any provision of this Act is declared invalid,
the provisions thereof not affected by such declaration shall remain in force and
effect.

Section 4. Repealing clause. All laws, executive orders, rules and regulations,
or parts thereof, inconsistent with the provisions of this Act are hereby repealed
or amended accordingly.

Section 5. Effectivity. This Act shall take effect upon its approval

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

House BILL NO. 5664

INTRODUCED BY: REP. JORGE “BOLET” BANAL

EXPLANATORY NOTE.

Section 13, Article Ill of the Constitution states that all persons shall, before conviction, be
bailable, and the exception is in the case of those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong.

For almost 40 years, carnapping in this country has not been considered as a non-bailable
offense. We have seen how the situation has emboldened criminal offenders; they can easily
post bail using the proceeds from their illegal activity and once out of jail they simply continue
with their modus operandi. Moreover, recent carnapping incidents have been violent, further
proof that criminal elements do not feel threatened by the state of our current law.

Itis therefore necessary to introduce further amendments to the Anti-Carnapping Act of 1972
in order to increase the penalties and provide a better deterrent against carnapping and related
offenses.

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

GRGE “BOLET” BANAL
Ifd District, Quezon City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

64

INTRODUCED BY: REP. JORGE “BOLET” BANAL

AN ACT INCREASING THE PENALTIES FOR CARNAPPING, AMENDING FOR THE
PURPOSE REPUBLIC ACT NO. 6539, AS AMENDED, 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. Section 13 of Republic Act No. 6539, as amended, is hereby amended to read as
follows:

“Sec. 13.Penal Provisions. ~ Any person who violates any provision of this
Act shall be punished with imprisonment for not less than [two years nor] SIX
YEARS AND ONE DAY BUT NOT more than [six] TWELVE years and a fine [equal]
DOUBLE 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 duty or connives with or
permits the commission of any of the said unlawful act 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 2. Section 14 of Republic Act No. 6539, as amended, is hereby amended to read as
follows:

“Sec. 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] SEVENTEEN YEARS AND FOUR MONTHS
and not more than [seventeen years and four months] TWENTY YEARS when the
carnapping is committed without violence AGAINST or intimidation of persons,
or force upon things; and by imprisonment for not less than [seventeenyears and
four months] TWENTY YEARS AND ONE DAY and not more than thirty years
when the carnapping is committed by means of violence against or intimidation
of any person, or BY USING force upon things; PROVIDED: THAT [and] the
penalty of reclusion perpetualto death] shall be imposed WHEN THE
CARNAPPING IS COMMITTED WITH THE USE OF A FIREARM OR OTHER DEADLY
WEAPON, OR when the owner, driver or occupant of the carnapped motor
vehicle SUFFERS ANY OF THE PHYSICAL INJURIES PENALIZED IN ARTICLE 263 OF
THE REVISED PENAL CODE ORs killed or raped in the course of the commission
of the carnapping or on the occasion thereof.”

Section 3. This Act shall take effect fifteen (15) days after its publication in any two (2) national
newspapers of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

House Bill No. 9° 31

Introduced by the Hon. Jeci A. Lapus

EXPLANATORY NOTE

This bill proposes to amend Section 2, of Republic Act No. 6539, by including the terms
“Identity-transfer” and “total wreck” in its definition of terms, and to also amend Section
12 of the same law, otherwise known as Anti-Carnapping Act of 1972, by including
“identity-transfer” as prohibited and punishable act.

Statistics shows that carnapping does not only result to lost of property among hapless
victims, but also lost of life in some instances. Alarming still is the ingenuity of
camappers in reviving, reconstructing, and re-registering a motor vehicle classified by
car insurance companies and law enforcement agencies as “total wreck’, after a
vehicular accident, by completely transferring the identity of said motor vehicle into
another factory made body of vehicle of the same make, model, classification, plate
number, chassis number and engine number, and sell the same to the detriment of
innocent victims and unsuspecting buyers.

There is no law prohibiting the use, transfer, revival, and re-registration of the chassis
number, engine number, and plate number of a motor vehicle, legally declared a “total
wreck" by insurance companies and law enforcement agencies, into another body or unit
of vehicle of the same class, model or classification, usually a camapped unit, making it
convenient for carnappers to circumvent the law.

It is for these reasons that this bill seeks to include “identity-transfer’ as one of the
punishable acts defined and penalized under R.A. 6539. It is felt that under the present
law, carnappers conveniently utilizes this loophole in the law to further carry out their
criminal activities, thus, the proliferation of carnapping and carnapped vehicle in the
market.

It is also a fact that law enforcement agencies lose their determination and dedication in
their pursuit against carnappers because of the difficulty of proving the act of carnapping
in these instances.

In view of the foregoing, the immediate passage of this bill is earnestly recommended.

<

aa LAPUS


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

na

House Bill No. 3

Introduced by the Hon. Jeci A. Lapus

AN ACT
AMENDING CERTAIN SECTIONS OF RA 6539, OTHERWISE KNOWN AS THE.
ANTI-CARNAPPING ACT OF 1972, AND FOR OTHER PURPOSES

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

Section 1. Section 2, of Republic Act No. 6539, entitled “Anti-Carnapping Act of
1972,“ is hereby amended to read as follows:

“Section 2. - Definition of Terms. The terms “camapping
vehicle”, “defacing or tampering with’, “repainting
building”, “remodeling”, “dismantling”, ‘overhauling’,

transfer’, and “total wreck”, as used in this Act, shall be understood
respectively to mean:

xX XX

“\dentity-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.

“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 on its body,
chassis, and engine.

xX X X


Section 2. Section 12 of the same Act is hereby amended to read as follows:

“Section 12-A. Identity-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 3. Section 14 of the same Act is hereby amended to read as follows:

“Section 14. Penalty for Carmapping. 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 and
not more than seventeen years and four months, when the carnapping
is committed without violence or intimidation of persons, or force upon
things; and by imprisonment for not less than seventeen years and four
months and not more than thirty years, when the camapping 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. The
offense for both cases shall be non bailable.”

Section 4. Repealing Clause. - All laws, executive orders, and executive
issuances or letter of instructions, or part thereof, inconsistent with or contrary to the
provisions of this Act, are hereby deemed, amended or modified accordingly.”

Section 5. Separability Clause. - If for any reason, any section or provision of this
Act shall be declared unconstitutional or invalid, the other parts thereof not affected
thereby shall remain valid.

Section 6. Effectivity Clause. - This Act shalll take effect fifteen (15) days after its
publication in the Official Gazette or in at least two (2) national newspapers of
general circulation

Approved,


FACT SHEET

ne
House Bill No.__ 6909

In Substitution of House Bill Nos. 1400, 3996, 4003, 4033, 4043, 4057, 4064,

4090, 4142, 4294, 5263, 5664 and 5931

AN ACT AMENDING REPUBLIC ACT NO. 6539 OTHERWISE KNOWN AS
“THE ANTI-CARNAPPING ACT OF 1972”

Introduced by

Committee Referral
Committee Chairperson

OBJECTIVE:

REPS. RUFUS B. RODRIGUEZ, MAXIMO B. RODRIGUEZ JR.,
CATALINA C. BAGASINA, JORGE “BOLET” BANAL,
BERNADETTE HERRERA-DY, JECI A. LAPUS, IRWIN C. TIENG,
REX GATCHALIAN, SALVIO B. FORTUNO, JOSEPHINE
VERONIQUE R. LACSON-NOEL, JOSE CARLOS L. CARI,
KARLO ALEXEI B. NOGRALES, WINSTON “WINNIE” CASTELO,
ARNEL M. CERAFICA, MARIA ISABELLE “BENG” G. CLLIMACO,
MA. AMELITA A. CALIMBAS-VILLAROSA, CESAR V.
SARMIENTO, AUGUSTO BOBOY SYJUCO, PH.D., BEN P.
EVARDONE, DAISY AVANCE FUENTES, ANGELO 8.
PALMONES, MARIANO MICHAEL M. VELARDE JR., NEIL C.
TUPAS JR., CINCHONA CRUZ-GONZALES, JANE T. CASTRO,
NUR G. JAAFAR, EMMELINE Y. AGLIPAY, FRANCISCO T.
MATUGAS, ISIDRO T. UNGAB, DAVID L. KHO, ROILO S. GOLEZ,
PABLO JOHN F. GARCIA, RONALD M. COSALAN, ELEANDRO
JESUS F MADRONA, ORLANDO B. FUA, RODOLFO C.
FARINAS, RODANTE D. MARCOLETA, AURELIO “DONG” D.
GONZALES JR., RODEL M. BATOCABE, DANILO RAMON S.
FERNANDEZ, ROMERO FEDERICO “MIRO S. QUIMBO, MYLENE
J. GARCIA-ALBANO, EMIL L. ONG, EDUARDO R. GULLAS, ROY
M. LOYOLA, MARK AERON H. SAMBAR, TEODORO B.
BAGUILAT JR. , ANTONIO A. DEL ROSARIO, JEFFREY P.
FERRER, JUAN EDGARDO M. ANGARA, MARK LLANDRO L.
MENDOZA, ARTHUR R DEFENSOR JR., AND MARLYN L.
PRIMICIAS-AGABAS

REVISION OF LAWS
REP. MARLYN L. PRIMICIAS-AGABAS

+ To deter the commission of the crime of camapping

KEY PROVISIONS:

* Provides for the penalty of reclusion perpetua to any person found guilty of
carnapping irrespective of the value of the motor vehicle taken

+ Provides for the penalty of reclusion perpetua without the benefit of parole to any
person found guilty of camapping by means of violence against or intimidation of
any person, or force upon things and the owner, driver or occupant of the
camapped motor vehicle is Killed or raped in the course of the commission of the

carnapping.