The Philippines has faced its fair share of car thefts and carnapping incidents over the years. To combat this issue, the Philippine government enacted the New Carnapping Act of 2016, which brought significant changes to the legal framework surrounding car theft. In this guide, we will delve into the key aspects of this law to help you better understand its provisions.
What is the New Carnapping Act of 2016, and why was it enacted?
The New Carnapping Act of 2016, officially known as Republic Act No. 10883, is a Philippine law that aims to deter and penalize the unlawful taking of motor vehicles, also known as carnapping. It was enacted to address the rising concerns of car theft and improve the legal framework for dealing with car-related crimes.
How does the law define “carnapping”?
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.
Does the prosecution need to prove that the complainant is the absolute owner of the motor vehicle?
No. A criminal prosecution for carnapping need not establish the fact that the complainant therein is the absolute owner of the motor vehicle. What is material is the existence of evidence which would show that the respondent took the motor vehicle belonging to another. [1]
What is a “motor vehicle”?
Motor vehicle refers to any vehicle propelled by any power other than muscular power using the public highways. 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.
What are the motor vehicles excluded by the New Anti-Carnapping Act?
The following are excluded from the coverage:
- Road Rollers, trolley cars, street sweepers, sprinklers, law 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.
What is the crime committed if the vehicle taken is expressly excluded by the New Anti-Carnapping Act?
The crime of Qualified Theft under Article 310 of the Revised Penal Code is committed if the motor vehicle taken is expressly excluded by the Anti-Carnapping Act. [2]
What are the penalties for carnapping under this law?
The penalties for carnapping include imprisonment ranging from 20 to 40 years, depending on the circumstances of the crime. If violence, intimidation, or use of force against the car’s occupants is involved, the penalty can be life imprisonment.
Are there specific aggravating circumstances that can increase the penalties?
Yes, the law considers certain aggravating circumstances, such as the use of firearms, explosives, or other deadly weapons during the carnapping, as well as if the carnapping is committed by a syndicate. These circumstances can lead to heavier penalties, including life imprisonment.
What are the requirements for proving carnapping in court?
To prove carnapping in court, the prosecution must establish the following elements:
- The unlawful taking or seizure of a motor vehicle;
- The intent to gain ownership of the vehicle, either permanently or temporarily; and
- The absence of the owner’s consent
What are the different circumstances of carnapping?
- When the carnapping is committed without violence against or intimidation of persons, or force upon things;
- When the carnapping is committed by means of violence against or intimidation of persons, or force upon things; and
- When the owner, driver, or occupant of the carnapped motor vehicle is killed or raped in the commission of the carnapping.
What are the other unlawful acts under the new law?
- Concealment of carnapping;
- Willfully encoding in the registry of motor vehicles a non-existing vehicle or without history, new identity of already existing vehicle or double/multiple registration;
- Defacing or tampering with serial numbers of motor vehicle engines, engine blocks and chassis.
- Identity transfer;
- Transfer of vehicle plate; and
- Sale of second-hand spare parts.
What are the penalties for the crime of carnapping?
Any person who is found guilty of carnapping shall, regardless of the value of the motor vehicle taken, be punished by:
- When the carnapping is committed violence against or intimidation of persons or force upon things – imprisonment for not less than 20 years and 1 day but not more than 30 years;
- When the carnapping is committed by means of violence against or intimidation of persons, or force upon things – imprisonment for not less than 30 years and 2 days but not more than 40 years; and
- When the owner, driver, or occupant or when the crime of carnapped motor vehicle is killed and raped in the commission of carnapping – life imprisonment.
Is the concealment of the crime of carnapping punishable?
Yes. Any person who conceals carnapping shall suffer imprisonment of 6 years up to 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.
When is the crime of carnapping bailable?
The crime of carnapping is bailable when the evidence of guilt is not strong. Under R.A. No 10883, any persons charged with carnapping or when the crime of carnapping is committed by criminal groups, gangs or syndicates or by means of violence or intimidation of any person or persons or forced upon things; 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.
The New Carnapping Act of 2016 in the Philippines aims to combat car theft and protect vehicle owners. By understanding its provisions and taking preventive measures, individuals can help deter carnapping and contribute to a safer environment for vehicle ownership in the country.
Source:
New Anti-Carnapping Act of 2016 (R.A. No. 10883)
[1] Chua v. CA, G.R. No. 79021, May 17, 1993.
[2] People v. Bustinera, G.R. No. 148233, June 8, 2004.
