Republic of the Philippines
HOUSE OF REPRESENTATIVES a 3.0 JUL 2013
Quezon City oe PH.

16 CONGRESS PRE
First Regular Session .

HOUSE BILL No.__ 2039

Introduced by REP. EVELINA G. ESCUDERO

EXPLANATORY NOTE

Carnapping is a criminal offense that is often committed without difficulty, As a matter
of fact, stolen vehicles are even used to commit other crimes such as robbery, murder and
kidnapping, And sadly, the current law that seeks to address carnapping proves inadequate.

Republic Act No. 6539 or the Anti-Camappping Act of 1972 defines the crime of
carnapping. Although, the penalty prescribed therefor in relation to Section 13, Article III! of the
Constitution entitles an accused to post bail as a matter right. As a result, carnapping is viewed as
a frivolous crime, which may be done frequently in the absence of immediate incarceration upon
indictment and pending trial of the accused.

Although, there is a graduation of penalties under Section 14? of the said law, the act of
carapping 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 above cited constitutional provision to be present.

It is thus submitted that the penalty should be increased by making twenty years and one
day the minimum penalty imposable for the crime thereby fulfilling the period covered by
reclusion perpetua.

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

— Caetied

EVELINA G. ESCUDERO

1 All 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 @f-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 conimitted 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 shall be imposed when the owner, driver or
occupant of the carnapped motor vehicle is killed in the commission of the carnapping.

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


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Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Quezon City

16" CONGRESS,
First Regular Session

2038

HOUSE BILL NO.

ELINA G, ESCUDERO

Introduced by RE

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

Torry 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.

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