Distinction Between Assembly Permit and Vehicle Registration Clearance
- Section 10 is separate and complementary to Section 6 of RA 6539, which mandates vehicle clearance for original registration after assembly or acquisition.
- Section 6 has been enforced since before, per SOP#2 dated 1997, while Section 10's enforcement is newly recommended to better combat carnapping.
Implementation Recommendations and Fee Structure
- The Traffic Management Group (TMG) recommends enforcing Section 10 to require assembly permits, charging a P150.00 fee.
- The revised Motor Vehicle Clearance Certificate fees should be amended to include this assembly permit charge.
- Proper administrative procedures under the Administrative Code 1987 must be observed before implementation.
Definitions and Scope Under RA 6539 (Anti-Carnapping Act of 1972)
- "Carnapping" means the taking of a motor vehicle without consent by force or intimidation.
- Defines motor vehicles broadly, excluding certain heavy equipment and rail-based vehicles.
- Clarifies acts constituting defacing or tampering with serial numbers, repainting, body-building, remodelling, dismantling, and overhauling.
Registration and Regulations of Motor Vehicle Engines, Chassis, and Parts
- Owners must register all motor vehicle parts within one year of law approval; unregistered parts are considered illegal and subject to confiscation.
- The Land Transportation Commission (LTC) maintains a permanent registry detailing vehicle types, makes, serial numbers, current and previous owners.
- All sales, transfers, or replacements of vehicle engines, chassis, or bodies must be registered to avoid issues of illegal importation.
Duties of Customs and Industry Players
- Customs officials must report arrival of imported vehicles or parts to LTC, holding unnumbered parts until properly numbered.
- Importers, distributors, and sellers must keep detailed permanent records of stocks and report monthly to the LTC.
- Manufacturers must number all engine blocks, chassis, or bodies produced and report manufacture and sales monthly to LTC.
Clearance for Shipment and Inter-island Transport
- Operators of inter-island shipping are required to report all motor vehicles and parts transported to the Philippine Constabulary within seven days.
Enforcement Against Serial Number Tampering
- Defacing or tampering with serial numbers on vehicle engines, blocks, or chassis is unlawful.
Handling of Abandoned Recovered Carnapped Vehicles
- Vehicles recovered and unclaimed after three months may be auctioned publicly following proper notice procedures.
- Proceeds cover costs of storage and publication, with remaining funds allocated to Anti-Carnapping Task Force operations.
Penalties and Administrative Sanctions
- Violations of RA 6539 incur imprisonment from two to six years and fines equivalent to the cost of the vehicle or parts involved.
- Juridical persons held liable through responsible officers.
- Government officials involved face dismissal with disqualification from future public office and voting rights.
- Carnapping offenses carry severe penalties from 14 years and 8 months imprisonment to reclusion perpetua or death, depending on circumstances.
Alien Offenders and Rewards for Informants
- Foreigners convicted under the Act shall be deported immediately after sentence.
- Informants providing leads for recovery and conviction receive rewards fixed by the Philippine Constabulary, with confidentiality maintained.
PNP Motor Vehicle Clearance Procedure Overview (SOP#2)
- The PNP Motor Vehicle Clearance Office comprises three sections: Processing/Records (PNP TMG), Macro Etching (PNPCLG), and Cash (PNP Finance).
- Clearance issuance covers original registration, transfer of ownership, changes to chassis, engine, color, body, shipment, and record checks.
- Macro etching is generally required except for specified cases such as brand-new vehicles from licensed dealers with proper documentation, large vehicles, government vehicles, 50cc motorcycles, and record checks with no irregularities.
- Applicants must submit required documents with photocopies; documentation is verified, and clearances issued only for vehicles not on stolen or wanted lists.
- Vehicles suspected of tampering are sent for investigation and potential legal action.
- Expired clearances may be renewed within one month; otherwise, full procedures apply.
Required Documents for PNP Motor Vehicle Clearance
- Original registration and related transactions require sales invoices, LTO confirmation certificates, affidavits for rebuilt vehicles or changes made, deed of sale if acquired from private sources, and registration certificates.
- Shipments must be supported by current LTO registration and official receipts.
- All vehicles are subject to macro etching except those exempted under SOP#2.
- Photocopy of the owner's Tax Account Number must accompany applications.
Fee Schedule Highlights
- Fees for motor vehicle clearing services increased substantially to P100-P200 depending on transaction type.
- New registration for assembled or rebuilt vehicles now costs P200.
- Other fees for changes and record checks uniformly increased to P100.
- Macro etching fee maintained at P100.
Legal and Procedural Framework
- The memorandum calls for the approved SOP and adherence to the Administrative Code for procedural validity.
- Coordination among agencies including the Philippine Constabulary, Land Transportation Commission, and Philippine National Police ensures enforcement integrity.
- The policy aims to deter carnapping through stricter control on assembly and registration processes and enhanced verification of vehicle parts authenticity.