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RA 6539

The elements of carnapping, as mentioned in People vs. Calabroso, 340 SCRA 332, are as follows:

1.) Actual taking of the vehicle


2.) The offender intends to gain from taking the vehicle
3.) The vehicle belongs to another person, not the offender
4.) The taking was either without the owner's consent, by means of violence or intimidation or the use of force on things

The taking of a vehicle is completed the moment the carnapper is in possession of it, even if he has the opportunity to dispose of it
(People vs. Ellasos, 411 Phil 139.) "Gain" doesn't necessarily mean profit; even if the taking was for a joyride it's still considered
carnapping (Villacorta vs. Insurance Commission, GR 54171, October 28, 1980.)

A "motor vehicle" in RA 6539 (the Anti-Carnapping Act) limits the definition to motor-powered vehicles used on public highways.
Bulldozers, graders, forklifts, street sweepers, sprinklers, amphibian trucks, road rollers, trolley cars and cranes aren't considered
"motor vehicles" under RA 6539 unless they're on the highway. Trains and their trailers as well as tractors and traction engines used
exclusively for agricultural purposes aren't considered "motor vehicles," but trailers for trucks and other public highway-using vehicles
are considered as separate motor vehicles with no power rating. It is curious to note that a tricycle, by virtue of the definition's wording
("other than muscular power using the public highways") is considered a motor vehicle(!)

The duties imposed by RA 6539 are the following:

1.) All unregistered motor vehicles must be registered with the LTO and other pertinent government agencies.
2.) The LTO must keep a permanent registry of motor vehicle engines, engine blocks and chassis with their type, make and serial
numbers as well as the names of their present and previous owners.
3.) Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or chassis shall be registered
with the LTO.Unregistered vehicles and parts will not be given certificates of registration and will be considered untaxed imported
vehicles or stolen or coming from illegal sources.
4.) If somebody wants a vehicle registered for the first time (original registration) he has to apply with the LTO and the NBI. If the NBI
clears the application, that's a go-ahead signal to the LTO to register the vehicle.
5.) The collector of customs is required to make a report of the arrival of imported vehicles, engines, engine block chassis and bodies
to the LTO. If the items in question have no serial numbers, the collector of customs will hold the items in question until they are
numbered by the LTO.
6.) Importers, distributors and sellers of motor vehicles are required to keep records of their stocks, including the serial numbers and
the names and addresses of those who sold the vehicles to them as well as the buyers and must submit a monthly report of their
transactions to the LTO.
7.) Manufacturers are required to put serial numbers on their merchandise and submit a monthly report on their production and sales
to the LTO.
8.) Anyone who wants to assemble or rebuild a motor vehicle (or cause its assembly or rebuilding) must secure a clearance certificate
from the NBI. For that, he has to prepare a statement under oath containing the type, make and serial numbers of the engine, chassis
and body and a complete list of spare parts as well as the names and addresses of their sources. If the vehicle is a boat or any other
water-going vehicle, a permit must be secured from the coast guard as well.
9.) Inter-island shipping companies, if they're going to ship vehicles and parts, must submit a report to the NBI of such transactions
within 7 days of loading. This will include serial numbers and other pertinent data.
10.) Defacing of serial numbers, whether original or registered, is prohibited.

Penalties:

1.) Carnapping itself, regardless of the vehicle's value:

a.) Without violence or intimidation -14 years and 8 months to 17 years and 4 months
b.) With violence, intimidation or force on things -17 years and 4 months to 30 years
c.) If the owner, driver occupant of the vehicle was killed when the carnapping was committed -life imprisonment

2.) Violation of other provisions: 2 to 6 years and a fine equal to the purchase price of the stolen vehicle, engine or part involved in
the violation

If the offender is a government official or employee, he will also be dismissed from service and barred from running for public office.
He also can't be appointed to any public office. If the offender is is a foreigner, he'll be automatically deported after serving sentence.

Anyone who volunteers information leading to the recovery of carnapped vehicles and the conviction of the perpetrators shall be
given a cash reward which is to be fixed by the NBI. The information will be treated as confidential matter.

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