Definitions used in the Act
- “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 3).
- “Defacing or tampering with a serial number” means altering, changing, erasing, replacing, or scratching the original factory serial number on the motor vehicle engine, engine block, or chassis; a motor vehicle is considered to have a defaced or tampered serial number when its serial number on the engine, engine block, or chassis is different from that listed in the records of the Bureau of Customs for motor vehicles imported into the Philippines (Section 2[b]).
- “Dismantling” means tearing apart a motor vehicle piece-by-piece or part-by-part (Section 2[c]).
- “Identity transfer” means transferring engine number, chassis number, body tag number, plate number, and any other identifying marks of a total wreck or beyond economic repair vehicle into another factory-made body or vehicle unit of the same classification, type, make, or model (Section 2[d]).
- “Motor vehicle” means any vehicle propelled by power other than muscular power using public highways, with specified exclusions (including road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways; vehicles that run only on rails or tracks; and tractors, trailers and traction engines used exclusively for agricultural purposes), and it classifies trailers attached to a motor vehicle as a separate motor vehicle with no power rating (Section 2[e]).
- “Unlawful transfer or use of vehicle plates” means using or transferring an LTO vehicle plate to another vehicle; illegality is presumed when the motor vehicle plate does not correspond with that appearing in the certificate of registration of the motor vehicle to which it was issued (Section 2[k]).
Carnapping offenses and penalties
- Section 3 punishes carnapping with imprisonment based on whether carnapping is committed with or without violence or force.
- Carnapping committed without violence against or intimidation of persons, or force upon things carries imprisonment of not less than twenty (20) years and one (1) day but not more than thirty (30) years (Section 3).
- Carnapping committed by means of violence against or intimidation of persons, or force upon things carries imprisonment of not less than thirty (30) years and one (1) day but not more than forty (40) years (Section 3).
- The penalty is life imprisonment when the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the commission of the carnapping (Section 3).
- When a person is charged with carnapping, or when carnapping is committed by criminal groups, gangs or syndicates, or by means of violence or intimidation or by force upon things, or when the owner, driver, passenger, or occupant is killed or raped in the course of the carnapping, the person shall be denied bail when the evidence of guilt is strong (Section 3).
Concealment and participation liabilities
- Section 4 penalizes concealment of carnapping with imprisonment of six (6) years up to twelve (12) years and a fine equal to the amount of the acquisition cost of the motor vehicle, engine, or any other part involved.
- If the offender is a juridical person, the penalties in Section 4 are imposed on its president, secretary, and/or members of the board of directors, or any of its officers and employees who directly participated in the violation (Section 4).
- Any public official or employee who directly commits unlawful acts defined in the Act, or is guilty of gross negligence of duty or connives with or permits the commission of the unlawful acts must be dismissed from the service, have benefits forfeited, and be permanently disqualified from holding public office, in addition to the penalty in Section 4 (Section 4).
Mandatory registration, clearance, and reporting
- Owners or possessors seeking original registration must apply to the PNP for a clearance within one (1) week after completion of assembly/rebuilding or after acquisition from a registered owner (Section 5).
- The PNP must verify whether the motor vehicle or its numbered parts are in the list of carnapped motor vehicles or stolen motor vehicle parts; when not found, the PNP must forthwith issue a certificate of clearance (Section 5).
- After presentation of the PNP certificate of clearance and verification by the LTO of the motor vehicle engine, engine block, and chassis in the permanent registry, the LTO must register the motor vehicle in accordance with existing laws, rules, and regulations within twenty (20) working days (Section 5).
- Within one (1) year from approval of the Act, every owner or possessor of unregistered motor vehicles or parts in knock down condition must register before the LTO the engine, engine block, and chassis in the name of the possessor or in the name of the real owner readily available to answer claims; thereafter, unregistered engines/blocks/chassis are considered a carnapped vehicle, an untaxed importation, or coming from illegal source and must be confiscated in favor of the government (Section 6).
- The LTO must keep a permanent registry of motor vehicles, motor vehicle engines, engine blocks, and chassis specifying type, make, serial numbers, and names and addresses of present and previous owners (Section 7).
- The LTO must furnish copies of the registry and entries to the PNP and all LTO regional, provincial, and city branch offices, while regional/provincial/city offices must also furnish copies of registrations to the main office and to the PNP (Section 7).
- The Act requires issuance of certificate registration copies: the original goes to the registered owner, the second copy stays with the LTO, and the third copy goes to the PNP (Section 7).
- It is unlawful to willfully encode in the registry a non-existing vehicle, a vehicle with no history, a new identity for an already existing vehicle, or double/multiple registration (“KAMBAL”) (Section 7).
- Every sale, transfer, conveyance, substitution, or replacement of a motor vehicle, or of a motor vehicle engine, engine block, or chassis must be registered with the LTO within twenty (20) working days upon purchase/acquisition (Section 8).
- A motor vehicle, engine, engine block, or chassis not registered with the LTO is presumed a carnapped vehicle, untaxed imported vehicle, or one proceeding from illegal sources unless proven otherwise and is confiscated in favor of the government (Section 8).
Customs, manufacturers, assembly, and shipping controls
- The Collector of Customs must report to the LTO within seven (7) days after arrival of an imported vehicle or enumerated parts/body, stating make, type, and serial numbers (if any) and the owner/consignee names and addresses (Section 9).
- If an imported vehicle/part has no serial number, the Collector of Customs must hold the vehicle/part until it is numbered by the LTO (Section 9).
- A PNP clearance is required prior to engraving the engine or chassis number (Section 9).
- Persons engaged in importation, distribution, buying, and selling of motor vehicles and enumerated parts must keep a permanent stock record listing type, make, serial numbers, and names/addresses of persons from whom acquired and to whom sold, and must submit an accurate monthly report of transactions in motor vehicles to the LTO (Section 10).
- Manufacturers of engine blocks, chassis, or body must cause the numbering of every engine block, chassis, or body in a convenient and conspicuous part, as the LTO may direct for uniformity and identification, and must submit a monthly report to the LTO of manufacture and sale (Section 11).
- Any person undertaking to assemble or rebuild or causing assembly/rebuilding must first secure a PNP certificate of clearance, and no permit issues unless the applicant presents a sworn statement containing the type, make, and serial numbers of engine, chassis, and body (if any), plus the complete list of spare parts and names/addresses of the sources (Section 12).
- For motor vehicle engines to be mounted on motor boats, motor bancas, water crafts, and other light water vessels, the applicant must secure a permit from the PNP, and the PNP must furnish the LTO pertinent data including type, make, and serial numbers (Section 12).
- The Philippine Ports Authority (PPA) must submit a report to the PNP within seven (7) days upon boarding motor vehicles for RORO, ferry, boat, vessel, or ship for interisland and international shipment (Section 13).
- The PPA must not allow loading of motor vehicles in interisland and international shipping vessels without a motor vehicle clearance from the PNP, except cargo trucks and other trucks carrying goods, and except LTFRB-accredited public utility vehicles (PUV) and other motor vehicles carrying foodstuff and dry goods (Section 13).
Prohibited identity, plate, and parts trafficking
- It is unlawful for any person to deface or tamper with the original or registered serial number of motor vehicle engines, engine blocks, and chassis (Section 14).
- It is unlawful for any person, office, or entity to cause and/or allow sale, registration, and/or transfer in another name the chassis number, engine number, and plate number of a total wreck or beyond economic repair vehicle due to accident involvement or other causes; the LTO must cancel the registration of total wreck vehicles as reported by the PNP and/or declared by the Insurance Commission (Section 15).
- It is unlawful for any person, office, or entity to transfer or use a vehicle plate from one vehicle to another without securing the proper authority from the LTO (Section 16).
- It is unlawful for any person, office, or entity to buy and/or sell second hand spare parts taken from a carnapped vehicle (Section 17).
Foreign nationals, rewards, and confidential tips
- Foreign nationals convicted under the Act must be deported immediately after service of sentence by the Bureau of Immigration, without further proceedings (Section 18).
- The law provides a reward: any person who voluntarily gives information leading to recovery of carnapped vehicles and apprehension of persons charged shall be given a monetary reward as the PNP may determine (Section 19).
- The PNP must include in its annual budget the amount necessary to carry out Section 19 (Section 19).
- Information provided by informers must be treated as confidential matter (Section 19).
Implementing rules, approvals, and online systems
- The PNP, together with the Department of Transportation and Communications, LTO, Philippine Coast Guard, Maritime Industry Authority, Bureau of Customs, and relevant motorists and automotive sectors, must promulgate implementing rules and regulations within sixty (60) days from the Act’s effectivity (Section 20).
- Implementing rules must include setting up a coordinated online access and an effective clearance system to expedite motor vehicle data and details verification, including the clearance system referenced in Section 12 (Section 20).
Separability, repeals, and effectivity
- Section 21 provides separability: if any provision is declared invalid, the remainder remains in full force and effect.
- Section 22 repeals Republic Act No. 6539, known as the Anti-Carnapping Act of 1972, and amends or repeals inconsistent laws, executive orders, rules, and regulations or parts thereof.
- Section 23 provides effectivity: the Act takes effect fifteen (15) days after publication in the Official Gazette or in two (2) newspapers of general circulation, whichever comes earlier.