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REPUBLIC ACT No.

10883

An Act Providing for a NEW Anti-


Carnapping Law of the Philippines
Section 1. Short Title.

This Act shall be known as the

"NEW ANTI-CARNAPPING ACT OF 2016"


RA 6539 REPEALED

Section 22. REPEALING CLAUSE. - Republic Act No. 6539, otherwise


known as the "Anti-Carnapping Act of 1972", is hereby REPEALED.

All laws, executive orders, rules and regulations or parts thereof


inconsistent with the provisions of this Act are hereby amended or
repealed accordingly.
Section 2. Definition of Terms.

(a) BODY BUILDING


refers to a job undertaken on a motor vehicle in order to replace its
entire body with a new body;

(b) DEFACING or TAMPERING WITH A SERIAL NUMBER


refers to the Scratching, Changing, Altering, Replacing, or Erasing,
(SCARE) of the original factory inscribed serial number on the motor
vehicle engine, engine block or chassis of any motor vehicle.
Whenever any motor vehicle is found to have a serial number on its
engine, engine block or chassis which is different from that which is
listed in the records of the Bureau of Customs for motor vehicle
imported into the Philippines, that motor vehicle shall be considered to
have a defaced or tampered serial number;
(c) DISMANTLING
refers to the tearing apart, piece-by-piece or part-by-part, of a motor
vehicle;

(d) IDENTITY TRANSFER


refers to the act of transferring the engine number, chassis number,
body tag number, plate number, and any other identifying marks of a
motor vehicle declared as "total wreck" or is beyond economic repair
by concerned car insurance companies and/or law enforcement
agencies after its involvement in a vehicular accident or other incident
and registers the same into another factory-made body or vehicle unit,
of the same classification, type, make or model;
(e) MOTOR VEHICLE
refers to any vehicle propelled by any power other than muscular
power using the public highways, except road rollers, trolley cars,
street sweepers, sprinklers, lawn mowers, bulldozers, graders,
forklifts, amphibian trucks, and cranes if NOT used on public
highways; vehicles which run only on rails or tracks; and tractors,
trailers and traction engines of all kinds used exclusively for
agricultural purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachment to a motor
vehicle, shall be classified as a separate motor vehicle with no power
rating;
(f) OVERHAULING
refers to the cleaning or repairing of the whole engine of a motor
vehicle by separating the motor engine and its parts from the body of
the motor vehicle;
(g) REPAINTING
refers to changing the color of a motor vehicle by means of painting.
There is painting whenever the new color of a motor vehicle is
different from its color registered in the Land Transportation Office
(LTO);

(h) REMODELING
refers to the introduction of some changes in the shape or form of the
body of the motor vehicle;

(i) SECOND HAND SPARE PARTS


refer to the parts taken from a carnapped vehicle used in assembling
another vehicle;
(j) TOTAL WRECK
refers to the state or status of a motor vehicle after a vehicular
accident or other incident, so that it is rendered inoperational and
beyond economic repair due to the extent of damage in its body,
chassis and engine; and

(k) UNLAWFUL TRANSFER OR USE OF VEHICLE PLATES


refers to the use or transfer of a vehicle plate issued by the LTO to a
certain vehicle to another vehicle. It is presumed illegally transferred
when the motor vehicle plate does not correspond with that as
appearing in the certificate of registration of the motor vehicle to which
it was issued.
Section 3. CARNAPPING; Penalties.

CARNAPPING is 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. PENALTIES.

Any person who is found guilty of carnapping shall,


regardless of the value of the motor vehicle taken

1. WITHOUT violence against or intimidation of persons, or force upon


things;

imprisonment for NOT less than twenty (20) years and one (1) day
but NOT more than thirty (30) years, when the carnapping is
committed
2. WITH violence against or intimidation of persons, or force upon things;

by imprisonment for not less than thirty (30) years and one (1) day
but not more than forty (40) years,

and the penalty of life imprisonment shall be imposed when the owner,
driver, or occupant of the carnapped motor vehicle is killed or raped in
the commission of the carnapping.
3. Owner, Driver, or Occupant of the carnapped motor vehicle is KILLED
or RAPED in the commission of the carnapping;

• penalty of LIFE IMPRISONMENT shall be imposed when the.


Section 3. Carnapping; PENALTIES.

NO BAIL

1. Any person charged with carnapping OR


2. when the crime of carnapping is committed by criminal groups, gangs
or syndicates OR
3. by means of violence or intimidation of any person or persons or
forced upon things;
4. or when the owner, driver, passenger or occupant of the carnapped
vehicle is killed or raped in the course of the carnapping

shall be DENIED BAIL when the evidence of guilt is strong.


Section 4. CONCEALMENT OF CARNAPPING.

Any person who conceals carnapping shall be punished 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, motor vehicle
engine, or any other part involved in the violation;

AS TO JURIDICAL PERSON
Provided, That if the person violating any provision of this Act is a
juridical person, the penalty herein provided shall be imposed on its:
• president,
• secretary, and/or
• members of the board of directors or
• any of its officers and employees
who may have directly participated in the violation.
Section 4. CONCEALMENT OF CARNAPPING.

AS TO PUBLIC OFFICIAL OR EMPLOYEE

1. directly commits the unlawful acts defined in this Act


2. guilty of gross negligence of duty or
3. connives with or permits the commission of any of the said unlawful
acts SHALL,

DISMISSAL FROM SERVICE; FORFIETURE OF BENEFITS;


PERMANENT DISQUALIFICATION
in addition to the penalty prescribed in the preceding paragraph, be
dismissed from the service, and his/her benefits forfeited and shall be
permanently disqualified from holding public office.
Section 5. ORIGINAL REGISTRATION OF MOTOR VEHICLES.

Any person seeking the original registration of a motor vehicle, whether


that motor vehicle is:
1. newly assembled or
2. rebuilt or
3. acquired from a registered owner

shall, WITHIN ONE (1) WEEK after the completion of the assembly or
rebuilding job or the acquisition thereof from the registered owner,
apply to the Philippine National Police (PNP) for the clearance of the
motor vehicle for registration with the LTO.
• The PNP shall, upon receipt of the application, verify if the motor
vehicle or its numbered parts are in the list of carnapped motor
vehicles or stolen motor vehicle parts.

• If the motor vehicle or any of its numbered parts is NOT in the list, the
PNP shall forthwith issue a CERTIFICATE OF CLEARANCE.

• Upon presentation of the certificate of clearance from the PNP and


after verification of the registration of the motor vehicle engine, engine
block and chassis in the permanent registry of motor vehicle engine,
engine block and chassis, the LTO shall register the motor vehicle in
accordance with existing laws, rules and regulations within twenty
(20) working days.
Section 6. REGISTRATION OF MOTOR VEHICLE, MOTOR VEHICLE
ENGINE, ENGINE BLOCK AND CHASSIS.

• Within one (1) year upon approval of this Act, every owner or
possessor of UNREGISTERED motor vehicle or parts thereof in
KNOCK DOWN CONDITION shall register before the LTO the motor
vehicle engine, engine block and chassis in the name of the
possessor or in the name of the real owner who shall be readily
available to answer any claim over the registered motor vehicle
engine, engine block and chassis.

• Thereafter, all motor vehicle engines, engine blocks and chassis NOT
registered with the LTO shall be considered as a carnapped vehicle,
an untaxed importation or coming from illegal source and shall be
confiscated in favor of the government.
Section 7. PERMANENT REGISTRY OF MOTOR VEHICLE, MOTOR
VEHICLE ENGINES, ENGINE BLOCKS AND CHASSIS.

• The LTO shall keep a permanent registry of motor vehicle, motor


vehicle engines, engine blocks and chassis of all motor vehicles,
specifying therein their type, make, serial numbers and stating therein
the names and addresses of their present and previous owners.

• Copies of the registry and of all entries made thereon shall be


furnished the PNP and all LTO regional, provincial and city branch
offices:
• Provided, That all LTO regional, provincial and city offices are likewise
obliged to furnish copies of all registrations of motor vehicles to the
main office and to the PNP:

THREE COPIES OF CERTIFICATE OF REGISTRATION


• Provided, further,
1. original copy of the certificate of registration shall be given to the
registered owner
2. second copy shall be retained with the LTO and
3. third copy shall be submitted to the PNP.
Moreover, it shall be UNLAWFUL for any person or employee who
WILLFULLY ENCODES in the registry of motor vehicles:

1. a non-existing vehicle or without history,

2. new identity of already existing vehicle or

3. double/multiple registration ("KAMBAL") of vehicle.


Section 8. REGISTRATION OF SALE, TRANSFER, CONVEYANCE OF
A MOTOR VEHICLE, SUBSTITUTION OR REPLACEMENT OF A
MOTOR VEHICLE ENGINE, ENGINE BLOCK OR CHASSIS

Every sale, transfer, conveyance of a motor vehicle, substitution or


replacement of a motor vehicle engine, engine block or chassis of a
motor vehicle SHALL BE REGISTERED with the LTO within twenty (20)
working days upon purchase/acquisition of a motor vehicle and
substitution or replacement of a motor vehicle engine, engine block or
chassis.
A motor vehicle, motor vehicle engine, engine block or chassis NOT
REGISTERED with the LTO shall be PRESUMED as a:

1. Carnapped vehicle,
2. an Untaxed imported vehicle, or
3. a vehicle Proceeding from illegal sources

• unless proven otherwise and


• shall be confiscated in favor of the government.
Section 9. DUTY OF COLLECTOR OF CUSTOMS TO REPORT.

• Within SEVEN (7) DAYS after the arrival of an imported vehicle, motor
vehicle engine, engine block, chassis or body, the Collector of
Customs of a principal port of entry where the imported vehicle or
parts enumerated above are unloaded shall report the shipment to
the LTO, specifying the make, type and serial numbers, if any, of the
motor vehicle, motor vehicle engine, engine block, chassis or body,
and stating the names and addresses of the owner or consignee
thereof.
• If the motor vehicle, motor vehicle engine, engine block, chassis or
body does NOT bear any serial number, the Collector of Customs
concerned SHALL HOLD the motor vehicle, motor vehicle engine,
engine block, chassis or body until it is numbered by the LTO:

• Provided, That a PNP clearance shall be required prior to engraving


the engine or chassis number.
Section 10. DUTY OF IMPORTERS, DISTRIBUTORS AND SELLERS
OF MOTOR VEHICLES TO KEEP RECORD OF STOCKS.

Any person engaged in the importation, distribution, and buying and


selling of motor vehicles, motor vehicle engines, engine blocks,
chassis or body SHALL KEEP A PERMANENT RECORD OF ONE’S
STOCKS, stating therein their type, make and serial numbers, and
the names and addresses of the persons from whom they were
acquired and the names and addresses of the persons to whom they
are sold, and shall render accurately a monthly report of his/her
transactions in motor vehicles to the LTO.
Section 11. DUTY OF MANUFACTURERS OF ENGINE BLOCKS,
CHASSIS OR BODY TO CAUSE THE NUMBERING OF ENGINE
BLOCKS, CHASSIS OR BODY MANUFACTURED.

Any person engaged in the manufacture of engine blocks, chassis or


body shall cause the numbering of every engine block, chassis or
body manufactured in a convenient and conspicuous part thereof
which the LTO may direct for the purpose of uniformity and
identification of the factory and shall submit to the LTO a monthly
report of the manufacture and sale of engine blocks, chassis or body.
Section 12. CLEARANCE AND PERMIT REQUIRED FOR ASSEMBLY
OR REBUILDING OF MOTOR VEHICLES.

Any person who shall undertake to assemble or rebuild or cause the


assembly or rebuilding of a motor vehicle shall first secure a
certificate of clearance from the PNP:

Provided, That no such permit shall be issued unless the applicant


shall present a statement under oath containing the type, make and
serial numbers of the engine, chassis and body, if any, and the
complete list of the spare parts of the motor vehicle to be assembled
or rebuilt together with the names and addresses of the sources
thereof.
In the case of motor vehicle engines to be MOUNTED on motor boats,
motor bancas, water crafts and other light water vessels, the applicant
shall secure a permit from the PNP, which office shall in turn furnish the
LTO pertinent data concerning the motor vehicle engines including their
type, make and serial numbers.
Section 13. Clearance Required for SHIPMENT of Motor Vehicles, Motor
Vehicle Engines, Engine Blocks, Chassis or Body

The Philippine Ports Authority (PPA) shall submit a report to the PNP
within seven (7) days upon boarding all motor vehicles being boarded
the "RORO", ferry, boat, vessel or ship for interisland and international
shipment.
The PPA shall NOT allow the loading of motor vehicles in all interisland
and international shipping vessels WITHOUT a motor vehicle clearance
from the PNP, except:

1. cargo trucks and other trucks carrying goods


2. Land Transportation Franchising and Regulatory Board (LTFRB)-
accredited public utility vehicles (PUV) and
3. other motor vehicles carrying foodstuff and dry goods.
Section 14. DEFACING or TAMPERING with Serial Numbers of Motor
Vehicle Engines, Engine Blocks and Chassis.

• It shall be unlawful for any person to deface or otherwise tamper with


the original or registered serial number of motor vehicle engines,
engine blocks and chassis.
Section 15. IDENTITY TRANSFER.

• It shall be unlawful for any person, office or entity to cause and/or


allow the sale, registration, and/or transfer into another name, the
chassis number, engine number and plate number of a motor vehicle

1. declared as "total wreck" or


2. beyond economic repair
by concerned insurance company, and/or law enforcement agencies,
due to its involvement in a vehicular accident or for some other
causes.
The LTO shall CANCEL the registration of total wreck vehicle as
reported by the PNP and/or as declared by the Insurance
Commission.
Section 16. Transfer of Vehicle Plate.

• It shall be 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 17. SALE OF SECOND HAND SPARE PARTS.

• It shall be unlawful for any person, office or entity to BUY AND/OR


SELL any second hand spare parts taken from a carnapped vehicle.
Section 18. FOREIGN NATIONALS.

• Foreign nationals convicted under the provisions of this Act shall be


deported immediately after service of sentence without further
proceedings by the Bureau of Immigration.
Section 19. REWARD.

• Any person who voluntarily gives information leading to the recovery


of carnapped vehicles and for the apprehension of the persons
charged with carnapping shall be given monetary reward as the PNP
may determine.

• The PNP shall include in their annual budget the amount necessary to
carry out the purposes of this section.

• Any information given by informers shall be treated as confidential


matter.
Section 20. IMPLEMENTING RULES AND REGULATIONS.

1. PNP together with the


2. Department of Transportation and Communications,
3. LTO,
4. Philippine Coast Guard,
5. Maritime Industry Authority,
6. Bureau of Customs and
7. relevant motorists and automotive sectors
shall, within sixty (60) days from the effectivity of this Act, after
unanimous approval, promulgate the necessary implementing rules
and regulations to effectively carry out the provisions of this Act,
including the setting up of a coordinated online access and the
effective clearance system mentioned in Section 12 of this Act to
expedite motor vehicle data and details verification.
Section 21. SEPARABILITY CLAUSE. - If any provision of this Act is
declared invalid, the remainder of this Act or any provision not affected
thereby shall remain in full force and effect.

Section 22. REPEALING CLAUSE. - Republic Act No. 6539, otherwise


known as the "Anti-Carnapping Act of 1972", is hereby REPEALED. All
laws, executive orders, rules and regulations or parts thereof
inconsistent with the provisions of this Act are hereby amended or
repealed accordingly.

Section 23. EFFECTIVITY. - This Act shall take effect fifteen (15) days
after its publication in the Official Gazette or in two (2) newspapers of
general circulation, whichever comes earlier.

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