QuestionsQuestions (Republic Act No. 10883)
RA 10883 is titled the “Anti-Carnapping Act of 2016.”
Carnapping is the taking, with intent to gain, of a motor vehicle belonging to another without the latter’s consent, by means of violence or intimidation against persons, or by using force upon things.
If committed without violence/intimidation of persons, or force upon things: imprisonment of not less than 20 years and 1 day but not more than 30 years. If committed by violence/intimidation or force upon things: imprisonment of not less than 30 years and 1 day but not more than 40 years.
Life imprisonment is imposed when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the commission of the carnapping.
Bail may be denied when the crime of carnapping is committed by criminal groups/gangs/syndicates, or by means of violence/intimidation or forced upon things, or when the owner/driver/passenger/occupant of the carnapped vehicle is killed or raped—when evidence of guilt is strong.
Concealment of carnapping is penalized when a person conceals carnapping. Penalty: imprisonment of 6 to 12 years and a fine equal to the amount of the acquisition cost of the motor vehicle, motor vehicle engine, or other part involved.
For juridical persons, penalties apply to its president, secretary and/or board members, or officers/employees who directly participated. For public officials/employees, in addition to the penalty, there is dismissal, forfeiture of benefits, and permanent disqualification from holding public office if they directly commit unlawful acts, are guilty of gross negligence, or connive/permit commission.
Within 1 week after assembly/rebuilding completion or acquisition from a registered owner, the applicant must apply to the PNP for clearance for registration with the LTO. The PNP verifies whether the motor vehicle/numbered parts are listed as carnapped/stolen; if not, it issues a certificate of clearance. The LTO registers within 20 working days after verification and presentation of the certificate.
Within 1 year from approval, owners/possessors must register unregistered motor vehicles/parts in knock down condition. After that, all engines/engine blocks/chassis not registered with the LTO are considered carnapped/untaxed importation/coming from illegal sources and are confiscated in favor of the government.
The LTO keeps a permanent registry of motor vehicle units and their engines/engine blocks/chassis, including type/make/serial numbers and present/previous owners. Copies of the registry/entries must be furnished to the PNP and to LTO regional/provincial/city branches, and those offices must also furnish copies to the main office and to the PNP.
It is unlawful for any person or employee who willfully encodes a non-existing vehicle, a vehicle without history, a new identity of an existing vehicle, or causes double/multiple registration (“kambal” vehicle).
Every sale, transfer, conveyance, substitution, or replacement of a motor vehicle or its engine/block/chassis must be registered with the LTO within 20 working days. If not registered, it is presumed carnapped/untaxed import/illegal source unless proven otherwise, and it shall be confiscated in favor of the government.
Within 7 days after arrival, the Collector must report shipments to the LTO with make/type/serial numbers and names/addresses of owner/consignee. If there are no serial numbers, the shipment is held until numbered by the LTO, and PNP clearance is required prior to engraving.
An assembly/rebuilding person must first secure a PNP certificate of clearance. No permit issues unless the applicant submits a sworn statement listing type/make/serial numbers (engine/chassis/body, if any) and a complete list of spare parts and their sources. For engines mounted on motor boats/bancas/water crafts, a permit is required from the PNP which then furnishes data to the LTO.
It is altering/changing/erasing/replacing/scratching the original factory serial number on the engine/engine block/chassis. A vehicle is considered to have defaced/tampered serial number whenever its serial number differs from what is listed in the Bureau of Customs records for imported motor vehicles.