Legal basis and cited laws
- The SOP’s procedures on anti-carnapping reporting and disposition are grounded on the Anti-Carnapping Act of 1972 under Republic Act No. 6539, as amended (as referenced in the SOP’s application clause).
- The SOP requires a spot report after seizure for violations of Republic Act No. 4136, Republic Act No. 6539, and/or other related laws (under the “Disposition of Recovered/Impounded Motor Vehicles” procedure).
- Administrative sanctions for violations are handled pursuant to NAPOLCOM Memorandum Circular No. 2007-001 (under the “Penalty Clause”).
Definitions and key concepts established
- The SOP uses a Uniform Alarm and Complaint Sheet for reporting lost motor vehicles (under reporting procedures).
- The SOP requires a Technical Inspection Report (TIR) at the recovery site and a macro-etching examination by the PNP Crime Laboratory (CL) (under disposition procedures).
- The SOP uses a Lifting of Alarm form to record authorization to lift alarms on wanted/recovered vehicles (under “Lifting of Alarm”).
- The SOP requires individual case folder maintenance for each impounded vehicle (under disposition procedures).
- The SOP establishes CVIA as the HPG Central Vehicle Impounding Area at Camp Crame, and also recognizes Regional Vehicle Impounding Areas (RVIA) as the regional counterparts (under “Headquarters and Regional Impounding Area”).
Reporting stolen and wanted vehicles
- The Chief/Head of Office of any PNP Territorial Unit that took cognizance of a loss of a motor vehicle must cause the owner to file a sworn written complaint supported by documents of ownership such as Certificate of Registration, LTO Receipt of Payment, Deed of Sale, Invoice Receipt if unregistered, Insurance Policy, Certificate of Encumbrance if acquired through a financing/banking institution, and other related documents.
- The reporting unit must, after validating the report and record at the official log book, immediately report the incident to the Regional Tactical Operation Center (RTOC) or Provincial Tactical Operation Center (PTOC) for a flash alarm.
- The Regional/Provincial Tactical Operations Center must inform adjacent PROs and PPOs, including the Regional Highway Patrol Units (RHPUs), for possible apprehension of the possessor of the vehicle subject of the flash alarm.
- RHPUs receiving the alarm must disseminate or relay the information to their subordinate units within their Area of Responsibility (AOR).
- Concerned RHPUs must render a formal report to the Director, HPG through the proper channel using a Uniform Alarm and Complaint Sheet and accompanying documents; the HPG must validate/investigate the reported lost vehicle to ascertain authenticity.
- Alarm and Complaint Sheets received by other PNP Units must be forwarded to their respective RDs (Attn: RIDMD); RHPUs for outside Metro Manila and HPG for within Metro Manila must be copied for widest dissemination.
- The Chief, RHPUs must forward the Alarm and Complaint Sheet received to the Director, HPG for inclusion in the VIMS within 72 hours upon receipt.
- The report must be prepared in three (3) copies distributed as follows: Original for PNP ITMS personnel detailed at HPG, Duplicate for Motor Vehicle Clearance Division (MVCD), HPG, and Triplicate for the reporting office.
- The MVCD, HPG must provide the PNP ITMS a periodic/updated list of wanted/recovered motor vehicles for uploading in pnp.gov.ph.
- PNP units that undertake anti-carnapping missions must submit an incident report to the HPG, copy furnished to LED- DO, IRC-DI, and CMD-DIDM, and the report must include: the number of motor vehicles reported stolen classified as (1) Stolen while parked and (2) Forcibly Taken; the number of recovered motor vehicles; the number turned-over to HPG; number of suspects arrested; status of cases filed; and details of incidents.
- A monthly report on anti-carnapping operations must be submitted to the HPG, copy furnished to LED-DO, IRC-DI, and CMD-DIDM, not later than the 7th day of the month following the period covered by the report.
- Reporting of stolen/wanted and recovered motor vehicles must be coursed through the Chain of Command.
Disposition of recovered and impounded vehicles
- The Chief/Head of the PNP Unit concerned must render a Spot report to the Chief, PNP through the Chain of Command after a motor vehicle is seized for violation of Republic Act No. 4136, Republic Act No. 6539, and/or other related laws.
- After seizure, the seizing unit must verify through any possible means from HPG whether the subject vehicle is in the list of stolen/carnapped vehicles.
- A Technical Inspection Report (TIR) must be conducted on the seized motor vehicle at the recovery site in the presence of a local government official and/or any Barangay Official and/or any responsible citizens residing at the recovery place who will affix their signature on the TIR, except when there is a highly reasonable ground for non-availability of a witness considering the time of day and the area of recovery.
- The seized motor vehicle must undergo macro-etching examination by the PNP Crime Laboratory (CL) to determine whether the chassis and engine numbers are tampered; the PNP CL must give the original copy of the macro-etching examination result to HPG.
- Carnapped/stolen motor vehicles, including abandoned ones, recovered by PNP units in Metro Manila must be turned over within forty-eight (48) hours to the HPG Central Vehicle Impounding Area (CVIA) at Camp Crame.
- If the recovered vehicle is not in running condition, the recovering unit must inform HPG to undertake towing services to HPG CVIA using the listed contact lines [PLDT Nrs. (02) 7218516 and (02) 7224103].
- Motor vehicles recovered by City/Municipal Police Stations outside Metro Manila must be turned over within forty-eight (48) hours to the nearest HPG Regional or Provincial Unit for proper investigation/disposition.
- Within five (5) working days, the concerned HPG Unit that recovered/impounded a motor vehicle or took cognizance of a lost vehicle turned over by a local PNP Unit must identify and inform the rightful owner that the lost vehicle was recovered and is under the possession of the informing unit.
- The subject vehicle must be released to the rightful owner upon presentation of proper documents and lifting of alarm as approved by the HPG Anti-Carnapping Committee, not exceeding fifteen (15) days upon application of lifting of alarm.
- If a carnapped/stolen motor vehicle is recovered by its owner without PNP assistance, the vehicle must be physically presented at the nearest PNP office/station and subjected to macro-etching examination by the nearest CL office; the concerned PNP office/station must endorse to HPG all documents required for proper identification and eventual lifting of the alarm.
- Upon receipt of a letter-request for lifting of the alarm, the Director, HPG must receive the motor vehicle from the owner and assume responsibility for its security in the impounding area in accordance with the SOP and must maintain an individual case folder for each impounded vehicle.
- Releases of impounded motor vehicles must be made only upon approval of the Director, HPG by virtue of the delegated authority of the Chief, PNP; formal release must be undertaken by the Chief, CVIA or by the Chief, RHPU.
- Documentation of actual turn-over must be made by the Chief CVIA (HPG) or Chief, RHPU (or their authorized representatives) upon receipt of the release order signed by both the Releasing Officer and the Receiving Person, with proper photo or video coverage.
- If a criminal complaint is filed relative to recovery of the carnapped/stolen or impounded motor vehicle, the investigator-on-case must request release for the rightful owner through undertaking; if there is an order from the competent court or fiscal for release, the vehicle must be released under existing rules governing release of impounded motor vehicles.
- Upon release, the Director, HPG must inform the investigating unit of the release.
- Before any vehicle is released, the TIR must be reviewed by both the owner or authorized representatives and the Director, HPG; if discrepancies exist, the Chief, CVIA is administratively liable if evidence warrants.
- A motor vehicle presented for impounding is presumed true in all respect as described in the TIR.
Lifting of alarm rules
- The basis for lifting the alarm of any wanted/recovered motor vehicle must be one of the following: Recovery Report, Court Order, Termination of Investigation, Actual possession of owner, or Other lawful grounds or as ordered by competent authority.
- Lifting of the alarm for a wanted/recovered motor vehicle must be approved by the Director, HPG by authority of the Chief, PNP.
- The information to lift an alarm must be entered in the “Lifting of Alarm” form, and the information must be disseminated by the Director, HPG to concerned PNP units.
- The consolidated monthly listing of vehicles with lifted alarms must be prepared by the Director, HPG and copies furnished to DO, DI, DIDM, and other PNP Territorial Units.
Impounding areas and accountability
- HPG headquarters must maintain the existing CVIA in Camp Crame and must maintain all Regional Vehicle Impounding Areas (RVIA) until new areas are designated by proper authority.
- The designated Chief, CVIA and designated Chief, Regional/Provincial Impounding Area must be accountable for the safekeeping and securing of recovered/impounded motor vehicles until their release or disposition.
Prohibitions and penalties
- No PNP personnel must use a recovered-stolen/impounded motor vehicle or cause its use by any person prior to lifting of the alarm issued on the vehicle and subsequent release to its lawful owner under the SOP.
- No PNP personnel must replace or remove any part or accessory of a recovered-stolen/impounded motor vehicle or cause replacement/removal by any person unless there is written authority from the Chief/Head of the PNP Unit where the vehicle is impounded, and the replacement/removal must be for preservation purposes.
- Any violation of the SOP by PNP personnel must be dealt with administratively pursuant to NAPOLCOM Memorandum Circular No. 2007-001.
- The immediate superior of the subject personnel must be included in the investigation under the principle of Command Responsibility.
Implementation, supervision, repeal, and effectivity
- HPG must exercise functional supervision in the implementation of the SOP.
- Field supervision must be exercised through Regional Chiefs, RHPU/Provincial Officers PHPT, in close coordination with PROs, PPOs, and City/Municipal Police Stations.
- All existing SOPs, circulars, and other issuances inconsistent with this SOP are repealed and modified accordingly.
- The SOP takes effect after fifteen (15) days from the filing of a copy at the University of the Philippines Law Center, in consonance with Sections 3 and 4, Chapter 2, Book VII, Executive Order No. 292 (the Revised Administrative Code of 1987, as amended).
- The SOP is adopted on 12 April 2011 and signed by ATY. RAUL M. BACALZO, Ph.D., Police Director General / Chief, PNP.