, 
SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
EXPLANATORY NOTE 
.s~l\'ltl' 
(~I{l~f' tlf tilt' ,>Jiff*~t~t~ 
"13 
JUL -8 P 1 :17 
Camapping 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 IIIl of the 
Constitution, entitles an accused to post bail as a matter right. Consequently, camapping 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 142 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. 
It is thus submitted that the penalty be increased by making twenty years and one day the 
minimum penalty imposable for the crime of camapping thereby satisfying the period covered by 
reclusion perpetua. 3 
In view of the foregoing, this bill is being advanced for study and deliberation. And 
accordingly, its approval. 
\ 
-=biK 
FRANCIS G. ESCUDERO 
1 All persons, except those charged with offenses puttishable 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,lshall, 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 up0n things; and by 
imprisonment for not less than seventeen years and fO\Ir 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 shall be imposed when the owner, driver or 
occupant of the carnapped motor vehicle is killed in the commission of the carnapping. 
3 Twenty years and one day to forty years. Article 27; Revised Penal Code. 
, . 


SIXTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session 
) 
) 
) 
SENATE 
S,RNo, 596 
Introduced by Senator FRANCIS G. ESCUDERO 
AN ACT 
Stun!!' 
(~tf';f of lq' ~;",,"t~r~ 
'13 JUt -8 P 1 :1 7 
INCREASING THE PENALTY FOR THE CRIME OF CARNAPPING Af\'IENDING 
FOR THAT PURPOSE SECTION 14 OF REPUBLIC ACT NO. 6539 
I 
I 
Be it enacted by the Senate and the House of Representatives of the Republic of the 
Philippines in Congress assembled: 
1 
SECTION L Section 14 of Republic Act No, 6539 is hereby amended to read as follows: 
2 
3 
"Section 14. Penalty for Carnapping, Any person who is found guilty of 
4 
carnapping, as this term is defined in Section two of this Act, shall, irrespective of 
5 
the value of motor vehicle taken, be punished by imprisonment for not less than 
6 
TWENTY YEAl1S AND ONE DAY [fourteen years and eight months) and not 
7 
more than THIRTY YEARS [seventeen years and four months}, when the 
8 
carnapping is committed without violence or intimidation of persons, or force 
9 
upon things; and by imprisonmentfor not less than THIRTY YEARS AND ONE 
10 
DAY [seventeen years and four months} and not more than FORTY YEARS 
11 
[thirty years}, when the carnapping is committed by means of violence against or 
12 
intimidation of any person, or jorce upon things; and the penalty of life 
13 
imprisonment to death shall be imposed when the owner, driver or occupant of 
14 
the carnapped motor vehicle is killed in the commission of the carnapping. 
15 
ANY PERSON CHARGED WITH CARNAPPING AS PENALIZED 
16 
HEREOF SHALL BE DENIED BAIL WHEN EVIDENCE OF GUILT IS 
17 
STRONG." 
18 
SEC. 2. 
All laws, presidential decrees, executive orders, proclamations andlor 
19 
administrative regulations which are inconsistent with the provisions of this Act are hereby 
20 
amended, modified, superseded or repealed accordingly, 
21 
SEC, 3. 
Effectivity Clause. This Act shall take effect fifteen (15) days from its 
22 
publication in the Official Gazette or at least three (3) newspapers of national 'Circulation, 
23 
Approved, 
1