Title
Anti-Carnapping Act of 1972
Law
Republic Act No. 6539
Decision Date
Aug 26, 1972
A Philippine law aimed at preventing and penalizing the theft of motor vehicles, the Anti-Carnapping Act of 1972 establishes regulations and penalties for offenders, including imprisonment and fines, while also requiring registration of motor vehicle parts and imposing duties on importers and manufacturers.

Declared coverage and operative definitions

  • “Carnapping” means the taking, with intent to gain, of a 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 (Section 2).
  • “Motor vehicle” covers any vehicle propelled by power other than muscular power using the public highways, excluding road rollers, trolley cars, street-sweepers, sprinklers, lawn mowers, bulldozers, graders, fork-lifts, amphibian trucks, and cranes if not used on public highways, and excluding vehicles that run only on rails or tracks, tractors, trailers, and traction engines of all kinds used exclusively for agricultural purposes (Section 2).
  • Trailers having any number of wheels are classified as separate motor vehicle with no power rating when propelled or intended to be propelled by attachment to a motor vehicle (Section 2).
  • “Defacing or tampering with” means erasing, scratching, altering, or changing the original factory-inscribed serial number on the motor vehicle engine, engine block, or chassis, and a motor vehicle with a serial number different from that listed in Bureau of Customs records is considered to have a defaced or tampered serial number (Section 2).
  • “Repainting” occurs when the new color of a motor vehicle is different from its color as registered in the Land Transportation Commission (Section 2).
  • “Body-building” means replacing the entire body of a motor vehicle with a new body (Section 2).
  • “Remodelling” means introducing changes in the shape or form of the motor vehicle body (Section 2).
  • “Dismantling” means tearing apart a motor vehicle piece by piece or part by part (Section 2).
  • “Overhauling” means cleaning or repairing the whole engine of a motor vehicle by separating the motor engine and its parts from the body of the motor vehicle (Section 2).

Registration of engines, blocks, chassis

  • Within one year after the approval of the Act, every owner or possessor of unregistered motor vehicle or parts thereof in knock down condition must register with the Land Transportation Commission the motor vehicle engine, engine block, and chassis in his name or in the name of the real owner who must be readily available to answer any claim (Section 3).
  • After that one-year period, motor vehicle engines, engine blocks, and chassis not registered with the Land Transportation Commission are considered untaxed importation or coming from an illegal source or carnapped, and are confiscated in favor of the Government (Section 3).
  • Owners of motor vehicles in all cities and municipalities must register their cars with the local police without paying any charges (Section 3).

Permanent registry and information sharing

  • The Land Transportation Commission must keep a permanent registry of motor vehicle engines, engine blocks, and chassis specifying their type, make, and serial numbers, and the names and addresses of present and previous owners (Section 4).
  • The Commission must furnish copies of the registry and all entries to the Philippine Constabulary and to Land Transportation Commission regional, provincial, and city branch offices (Section 4).
  • Land Transportation Commission regional, provincial, and city branch offices must also furnish copies of all registrations of motor vehicles to the main office and to the Philippine Constabulary (Section 4).

Registration of transfers and replacement parts

  • Every sale, transfer, conveyance, substitution, or replacement of a motor vehicle engine, engine block, or chassis must be registered with the Land Transportation Commission (Section 5).
  • Motor vehicles assembled and rebuilt or repaired by replacement with engines, blocks, or chassis not registered with the Land Transportation Commission cannot be issued certificates of registration and are considered untaxed imported motor vehicles, motor vehicles carnapped, or proceeding from illegal sources (Section 5).

Original registration clearance procedure

  • Any person seeking original registration of a motor vehicle—whether newly assembled or rebuilt, or acquired from a registered owner—must apply to the Philippine Constabulary within one week after completion of assembly or rebuilding or after acquisition (Section 6).
  • Upon receipt of the application, the Philippine Constabulary must verify whether the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts (Section 6).
  • If the motor vehicle and its numbered parts are not in the list, the Philippine Constabulary must forthwith issue a certificate of clearance (Section 6).
  • After presentation of the certificate of clearance and verification that the motor vehicle engine, engine block, and chassis are in the Commission’s permanent registry, the Land Transportation Commission must register the motor vehicle in accordance with existing laws, rules, and regulations (Section 6).

Customs and shipping reporting duties

  • The Collector of Customs of a principal port of entry must, within seven days after arrival, report to the Land Transportation Commission the shipment of an imported motor vehicle and specify make, type, and serial numbers (if any) of the engine, engine block, chassis, or body, and the names and addresses of the owner or consignee (Section 7).

  • If the engine, block, chassis, or body bears no serial number, the Collector of Customs must hold it until Land Transportation Commission numbers it (Section 7).

  • Owners or operators of inter-island shipping or water transportation must, within seven days, submit a report to the Philippine Constabulary on all motor vehicles and motor vehicle parts transported for loading on board (Section 11).

  • Persons engaged in importation, distribution, and buying and selling motor vehicles and motor vehicle parts must keep a permanent record of their stocks with type, make, and serial numbers, and the names and addresses of persons from whom acquired and to whom sold, and must render an accurate monthly report of transactions to the Land Transportation Commission (Section 8).

Manufacturer numbering, assembly permits, shipments

  • Persons engaged in manufacturing engine blocks, chassis, or body must cause numbering of every engine block, chassis, or body in a convenient and conspicuous part as Land Transportation Commission may direct for uniformity and identification (Section 9).

  • Manufacturers must submit to the Land Transportation Commission a monthly report of manufacture and sale of engine blocks, chassis, or body (Section 9).

  • Any person assembling or rebuilding, or causing assembly or rebuilding of a motor vehicle, must first secure a certificate of clearance from the Philippine Constabulary (Section 10).

  • No permit is issued under the assembly clearance requirement unless the applicant presents a statement under oath containing the type, make, and serial numbers of the engine, chassis, and body (if any), the complete list of spare parts of the motor vehicle to be assembled or rebuilt, and the names and addresses of the sources of those spare parts (Section 10).

  • When motor vehicle engines are to be mounted on motor boats, motor bancas, and other light water vessels, the applicant must secure a permit from the Philippine Coast Guard, which must furnish the Land Transportation Commission pertinent data concerning motor vehicle engines, including their type, make, and serial numbers (Section 10).

Prohibition against tampering serial numbers

  • Any person is prohibited from defacing or tampering with the original or registered serial number on motor vehicle engines, engine blocks, and chassis (Section 12).

Criminal penalties and liabilities

  • Any person who violates any provision of the Act must be punished by imprisonment for not less than two years nor more than 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 (Section 13).
  • If the violator is a juridical person, the penalty under Section 13 is imposed on its president or secretary and/or members of the board of directors or its officers and employees who directly participated in the violation (Section 13).
  • Any government official or employee who directly commits unlawful acts under the Act or is guilty of gross negligence of duty or connives with or permits the commission of unlawful acts must, in addition to the penalty in Section 13, be dismissed from service with prejudice to reinstatement and disqualified from voting or being voted for in any election and from appointment to any public office (Section 13).

Carnapping penalties by qualifying circumstances

  • Any person found guilty of carnapping is punished without regard to the value of the motor vehicle taken (Section 14).
  • If carnapping is committed without violence or intimidation of persons, or force upon things, the imprisonment is not less than fourteen years and eight months nor more than seventeen years and four months (Section 14).
  • If carnapping is committed by means of violence against or intimidation of any person, or force upon things, the imprisonment is not less than seventeen years and four months nor more than thirty years (Section 14).
  • Life imprisonment to death is imposed when the owner, driver, or occupant of the carnapped motor vehicle is killed in the commission of the carnapping (Section 14).

Alien deportation, rewards, confidentiality

  • Aliens convicted under the Act must be deported immediately after service of sentence without further proceedings by the Deportation Board (Section 15).
  • A person who voluntarily gives information leading to the recovery of carnapped vehicles for the conviction of persons charged with carnapping is entitled to a reward in an amount so much as the Philippine Constabulary may fix (Section 16).
  • The Philippine Constabulary is authorized to include in its annual budget the amount necessary to carry out the purposes of the reward provision (Section 16).
  • Information provided by informers is treated as confidential matter (Section 16).

Separability, repealing clause

  • If any provision is declared invalid, the remaining provisions continue in force and effect under Section 17.
  • All laws, executive orders, rules and regulations, or parts inconsistent with the Act are repealed or amended accordingly under Section 18.

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