Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

‘gNENETEENTH CONGRESS
*" First Regular Session

_HOWBE PIED pie 7 341

EXPLANATORY NOTE

This bill seeks to update the “New Anti-Carapping Act of 2016” by amending certain
provisions of the law and supplying the missing penal provisions for some identified modes or
acts of carnapping not previously penalized. This will enable the Philippine National Police to
effectively curb and arrest the increasing incidence of carnapping,

Republic Act No. 10883, otherwise known as the “New Anti-Carnapping Act of 2016”
defines and declares unlawful certain acts of carnapping in its Sections 5, 6, 8, 9, 10,11, 12,
14,15, 16, and 17 provisions. However, the said law does not provide penalties for the said
unlawful acts, thereby making the provisions ineffective and restrictive in their enforcement.
As a result, there have been several criminal complaints lodged before the different
Prosecutors’ Offices and criminal cases filed before the courts which had been dismissed for
lack of penal provisions for the acts complained of. The proposed bill supplies these missing
penal provisions,

Moreover, this bill further proposes the reenactment of the repealed provisions of the
PD No. 1911 s. 1984 which allow the Philippine National Police to legally dispose of
abandoned camapped or impounded motor vehicles through public auction with the proceeds
of the sale to be earmarked for enhancing the capability of the PNP to conduct of anti-
carnapping, anti-hijacking, and anti-highway robbery operations.

Considering the prevalent use of motor vehicles in our everyday life and the increasing
incidence of carnapping and other motor vehicle-related crimes, there is an urgent need for this
proposed bill since it aims to put in place a more effective and more efficient system of
penalizing and deterring these crimes.

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

/, hel

MARLYN L. PRAMICIAS-AGABAS
Distrigt; Pangasinan


Republic of the Philippines
HOUSE OF REPRESENTATIV!
Quezon City

*. NINETEENTH CONGRESS
First Regular Session

HOUSE BILD NOI341_

Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

AN ACT PROVIDING A PENAL CLAUSE FOR THE ACTS DEFINED UNDER
SECTIONS 4, 5, 6, 7, 8, 9,10, 11,12, 14, 15, 16, AND 17 AND AUTHORIZING THE
DISPOSAL OF UNCLAIMED RECOVERED AND IMPOUNDED CARNAPPED
MOTOR VEHICLES AMENDING THE PURPOSE OF REPUBLIC ACT NUMBERED
10883 OTHERWISE KNOWN AS THEAMENDING THE NEW ANTI-CARNAPPING
ACT OF 2016.

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

SECTION 1. Section 4 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 4. Concealment of Camapping. - Any person who conceals carnapping shall
be punished with imprisonment of six (6) years up to twelve (12) years and a fine equal
to the amount of 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, 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 person who violates any of the provisions of this act shall be punished with
imprisonment for not less than two (2) years nor more than (6) six years 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.

Any public 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 acts shall, in addition to the penalty prescribed

in the preceding paragraph, be dismissed from the service, and his/her benefits forfeited
and shall be permanently disqualified from holding public office.”

SEC. 2. Section 5 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 5. Original Registration of Motor Vehicles. - Any person seeking the original
registration of a motor vehicle, whether that motor vehicle is newly assembled or rebuilt
or acquired from a registered owner, shall, within one (1) week after the completion of


the assembly or rebuilding job or the acquisition thereof from the registered owner,
apply to the Philippine National Police (PNP) for the clearance of the motor vehicle for
registration with the LTO. The PNP shall, upon receipt of the application accompanied by
a national police clearance, verify if the motor vehicle or its numbered parts are in the
list of carnapped motor vehicles or stolen motor vehicle parts as well as the identity of
the applicant. If the motor vehicle or any of its numbered parts is not on the list, the PNP
shall forthwith issue a certificate of clearance. Upon presentation of the certificate of
clearance from the PNP and after verification of the registration of the motor vehicle
engine, engine block, and chassis in the permanent registry of motor vehicle engine,
engine block, and chassis, the LTO shall register the motor vehicle in accordance with
existing laws, rules and regulations within twenty (20) working days."

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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,

Any public official or employee who shall cause or allow the registration of any
motor vehicle or issue a clearance in relation thereto that is contrary to law, rules and
regulations shall be punished by reclusion temporal."

SEC. 3. Section 6 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 6. Registration of Motor Vehicle, Motor Vehicle Engine, Engine Block and
Chassis, - Within one (1) year upon approval of this Act, every owner or possessor of an
unregistered motor vehicle or parts thereof in knockdown condition shall register before
the LTO the motor vehicle engine, engine block, and chassis in the name of the
possessor 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 blocks’, and chassis not registered with the LTO shall be
considered as a carnapped vehicle, an untaxed importation, or coming from an illegal
source and shall be confiscated in favor of the government

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.

Any public official or employee who shall cause or allow the registration of any
motor vehicle or issue a clearance in relation thereto that is contrary to law, rules and
regulations shall be punished by reclusion temporal."

SEC. 4. Section 7 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 7. Permanent Registry of Motor Vehicle, Motor Vehicle Engines, Engine
Blocks, and Chassis. - The LTO shall keep a permanent registry of motor vehicles, 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 to the PNP and all LTO regional, provincial, and city branch offices
Provided, That all LTO regional, provincial, and city offices are likewise obliged to furnish
copies of all registrations of motor vehicles to the main office and to the PNP: Provided,
further, That the original copy of the certificate of registration shall be given to the
registered owner, the second copy shall be retained with the LTO and the third copy shall
be submitted to the PNP. Moreover, it shall be unlawful for any person or employee who
willfully encodes in the registry of motor vehicles a non-existing vehicle or without
history, new identity of the already existing vehicle, or double/multiple registrations
("KAMBAL") of vehicle

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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

Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation.”

SEC. 5. Section 8 of Republic Act No. 10883 is hereby amended to read as follows

"Sec. 8. Registration of Sale, Transfer, Conveyance of a Motor Vehicle,
Substitution or Replacement of a Motor Vehicle Engine, Engine Block or Chassis - Every
sale, transfer, conveyance of a motor vehicle, substitution or replacement of a motor
vehicle engine, engine block or chassis of a motor vehicle shall be registered with the
LTO within twenty (20) working days upon purchase/acquisition of a motor vehicle and
substitution or replacement of a motor vehicle engine, engine block or chassis. A motor
vehicle, motor vehicle engine, engine block, or chassis not registered with the LTO shall
be presumed as a carapped vehicle, an untaxed imported vehicle, or a vehicle
proceeding from illegal sources unless proven otherwise and shall be confiscated in favor
of the government.

Any person who violates this provision shall be punished with
imprisonment for not less than two (2) years nor more than six (6) years 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.

Any public official or employee who violates this provision shall be
punished with reclusion temporal and a fine equal in the amount to the acquisition cost
of the motor vehicle, motor vehicle engine, or any other part involved in the violation.”

SEC. 6. Section 9 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 9. Duty of Collector of Customs to Report. - Within seven (7) days after the
arrival of an imported vehicle, motor vehicle engine, engine block, chassis, or body, the


Collector of Customs of a principal port of entry where the imported vehicle or parts
enumerated above are unloaded shall report the shipment to the LTO, specifying the
make, type, and serial numbers, if any, of the motor vehicle, motor vehicle engine,
engine block, chassis or body, and stating the names and addresses of the owner or
consignee thereof. If the motor vehicle, motor vehicle engine, engine block, chassis, or
the body does not bear any serial number, the Collector of Customs concerned shall hold
the motor vehicle, motor vehicle engine, engine block, chassis, or body until it is
numbered by the LTO: Provided, That a PNP clearance shall be required prior to
engraving the engine or chassis number.

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.

Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation."

SEC. 7. Section 10 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 10. 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 one's stocks, 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/her transactions in motor vehicles to the LTO.

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

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.

Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation."

SEC. 8. Section 11 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 11. Duty of Manufacturers of Engine Blocks, Chassis or Body to Cause the
Numbering of Engine Blocks, Chassis or Body Manufactured. - Any person engaged in the


manufacture of engine blocks, chassis, or body shall cause the numbering of every
engine block, chassis, or body manufactured in a convenient and conspicuous part
thereof which the LTO may direct for the purpose of uniformity and identification of the
factory and shall submit to the LTO a monthly report of the manufacture and sale of
engine blocks, chassis, or body.

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.

Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation."

SEC. 9. Section 12 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 12. Clearance and Permit Required for Assembly or Rebuilding of Motor
Vehicles. - Any person who shall undertake to assemble or rebuild or cause the assembly
or rebuilding of a motor vehicle shall first secure a certificate of clearance from the PNP
Provided, That no such permit shall be issued unless the applicant shall present a
statement under oath containing the type, make and serial numbers of the engine,
chassis, and body, if any, and the complete list of the spare parts of the motor vehicle to
be assembled or rebuilt together with the names and addresses of the sources thereof.

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.

Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation."

SEC. 10. Section 14 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 14. 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.

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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


Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation.”

SEC. 11. Section 15 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 15. 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 the concemed insurance company, and/or law
enforcement agencies, due to its involvement in a vehicular accident or for some other
causes. The LTO shall cancel the registration of the total wreck vehicle as reported by the
PNP and/or as declared by the Insurance Commission.

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.

Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation."

SEC. 12. Section 16 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 16, Transfer of Vehicle Plate. - It shall be unlawful for any person, office, or
entity to transfer or use a vehicle plate from one vehicle to another without securing the
proper authority from the LTO.

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.

Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation."

SEC. 13. Section 17 of Republic Act No. 10883 is hereby amended to read as follows:

"Sec. 17. Sale of Second-Hand Spare Parts. - It shall be unlawful for any person,
office, or entity to buy and/or sell any second-hand spare parts taken from a carnapped
vehicle.

Any person who violates this provision shall be punished with imprisonment for
not less than two (2) years nor more than six (6) years 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.


Any public official or employee who violates this provision shall be punished with
reclusion temporal and a fine equal in the amount to the acquisition cost of the motor
vehicle, motor vehicle engine, or any other part involved in the violation."

SEC. 14, Disposition of abandoned motor vehicles. - All carnapped or stolen motor vehicle,
recovered, and impounded by law enforcement agencies which after a period of three (3) months
from the date of its seizure/recovery have remained unclaimed or whose real owners could no
longer be determined or established because the original number plate of the motor vehicle or
serial numbers of the motor vehicle engine, engine block and chassis numbers could no longer be
determined and restored, are considered as abandoned motor vehicles and shall be sold and
disposed of by the Chief, Philippine National Police through the Director, Highway Patrol Group
his authorized representative in a public auction; Provided, That, in all cases before any public
auction is effected, there shall be published once a week for three (3) consecutive weeks in a
newspaper of general circulation in the Philippines or in the place where it was recovered or found,
a description of the motor vehicles intended to be auctioned with a notice that after the lapse of
one month from the date of the last publication, should no person file a claim for the recovery of
the same, said motor vehicles will be sold at public auction; Provided, Finally that the date and
place of the public auction to be conducted by the Chief, Philippine National Police through the
Director, Highway Patrol Group his authorized representative shall already be fixed in the last
publication aforementioned

SEC. 15. Proceeds of the Public Auction. - After the public auction, the proceeds shall be
applied to answer for charges including storage and cost of publication and related expenses
incurred in connection therewith; Provided, That, the remainder, if any, shall form part of the trust
funds of the Chief, Philippine National Police through trust receipts primarily for the of conduct
anti-carnapping, antihijacking, and anti-highway robbery operations

SEC. 16. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of any provisions not affected shall remain in force and effect.

SEC. 17. Repeating Clause. - All laws, decrees, orders, regulations and policies
inconsistent with the provisions of this Act are hereby repealed and/or amended accordingly.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) newspapers of general circulation.

Approved,