Title
Supreme Court
Anti-Carnapping Act of 2016 Overview
Law
Republic Act No. 10883
Decision Date
Jul 17, 2016
The New Anti-Carnapping Act of 2016 in the Philippines provides definitions for car theft-related terms, imposes strict punishments for carnapping, addresses concealment of car theft, and establishes regulations for vehicle registration and assembly, with the aim of preventing and detecting car theft and ensuring the appropriate consequences for offenders.

Law Summary

Carnapping and Penalties

  • Carnapping defined as taking motor vehicle without consent, with intent to gain, using violence, intimidation, or force
  • Penalties:
    • 20-30 years imprisonment without violence
    • 30-40 years with violence/intimidation/force
    • Life imprisonment if owner/occupant killed or raped during carnapping
  • Bail denial for strong evidence cases especially involving criminal gangs or violent acts

Concealment of Carnapping and Related Penalties

  • Concealment punishable by 6-12 years imprisonment plus fine equal to acquisition cost of vehicle or parts
  • Liability extends to juridical persons’ officials or employees directly involved
  • Public officials involved face dismissal, forfeiture of benefits, permanent disqualification from public office

Registration Requirements and Procedures

  • Original registration required within 1 week of assembly, rebuilding, or acquisition
  • PNP clearance certifies vehicle/parts not stolen/carnapped
  • LTO registers vehicle within 20 working days upon clearance and verification
  • Unregistered engines, chassis or parts must be registered within 1 year or presumed carnapped and confiscated

Permanent Registry Maintenance

  • LTO to maintain permanent registry specifying type, make, serial numbers, current and previous owners
  • Registry copies distributed to PNP and all LTO branches
  • Original Certificate of Registration to owner, copies to LTO and PNP
  • Unlawful acts include encoding fictitious vehicles or duplicate registrations

Registration of Transfers and Changes

  • Transfer/sale/conveyance and substitution/replacement of engine, chassis, or body must be registered within 20 working days
  • Failure to register presumes vehicle or parts are from illegal sources subject to confiscation

Customs and Import Reporting Duties

  • Collector of Customs must report to LTO within 7 days of import with detailed description and owner information
  • Vehicles/parts without serial numbers held until numbered by LTO; PNP clearance required before numbering

Duties of Importers, Distributors, Manufacturers, and Sellers

  • Importers/distributors/sellers must keep permanent records and render monthly reports of vehicle transactions
  • Manufacturers must number every engine block, chassis or body and submit monthly reports to LTO

Assembly/Rebuilding and Shipping Clearances

  • Clearance from PNP required before assembly or rebuilding, with detailed statement under oath regarding parts and sources
  • Philippine Ports Authority must report to PNP before loading vehicles for shipment
  • Loading motor vehicles on interisland/international vessels requires PNP clearance with certain exceptions

Prohibitions Regarding Serial Numbers, Identity Transfer and Plates

  • Defacing/tampering with serial numbers unlawful
  • Transfer or registration of vehicles declared total wreck or beyond economic repair prohibited
  • Transfer or use of vehicle plates without LTO authority forbidden
  • Sale/purchase of second hand parts from carnapped vehicles prohibited

Foreign Nationals and Rewards

  • Foreign nationals convicted deported immediately after sentence without further proceedings
  • Monetary rewards for information leading to recovery of carnapped vehicles and apprehension of offenders
  • Informant confidentiality ensured

Implementing Rules and Regulations

  • PNP with DOTC, LTO, Coast Guard, MARINA, Bureau of Customs, and stakeholders to promulgate implementing rules within 60 days
  • Includes coordinated online access and clearance system to expedite verification

Miscellaneous Provisions

  • Separability clause preserving remaining provisions if any part declared invalid
  • Repeals Republic Act No. 6539 and amends conflicting laws
  • Effectivity 15 days after publication in Official Gazette or newspapers

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