another factory-made body or vehicle unit, of the same classification, type, make
An Act Providing for a New Anti-Carnapping Law of the Philippines or model;
Republic Act No. 10883
SECTION 1. Short Title.— This Act shall be known as the “New Anti-Carnapping
Act of 2016”.
SECTION 2. Definition of Terms.— As used in this Act:
(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 altering, changing,
erasing, replacing or scratching 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
(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.
Any person who is found guilty of carnapping shall, regardless of the value of the
motor vehicle taken, be punished by imprisonment for not less than twenty (20)
years and one (1) day but not more than thirty (30) years, when the carnapping is
committed without violence against or intimidation of persons, or force upon things;
and by imprisonment for not less than thirty (30) years and one (1) day but not more
than forty (40) years, when the carnapping is committed by means of violence
against or intimidation of persons, or force upon things; 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.
Any person 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.
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; 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.
Any public official or employee who directly commits the unlawful acts defined in
this Act or is guilty of gross negligence of duty or connives with or permits the
commission of any of the said unlawful acts shall, 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 newly
assembled or rebuilt or 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: Provided, Further, That the original copy of the
certificate of registration shall be given to the registered owner, the second copy
shall be retained with the LTO and the 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 a non-existing vehicle or without history, new identity
of already existing vehicle or 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 carnapped vehicle, an untaxed
imported vehicle, or 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 cargo trucks and other trucks carrying goods, Land Transportation
Franchising and Regulatory Board (LTFRB)-accredited public utility vehicles (PUV)
and 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 declared as
“total wreck” or 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.— The PNP together with the
Department of Transportation and Communications, LTO, Philippine Coast Guard,
Maritime Industry Authority, Bureau of Customs and 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.
It 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.
-The elements of carnapping are as follows:
1. That there is an actual taking of the vehicle;
2. That the offender intends to gain from the taking of the vehicle;

SECTION 21. Separability Clause.— If any provision of this Act is declared invalid,
3. That the vehicle belongs to a person other than the offender himself;
the remainder of this Act or any provision not affected thereby shall remain in full
force and effect.
4. That the taking is without the consent of the owner thereof; or that the taking
was committed by means of violence against or intimidation of persons, or by using
SECTION 22. Repealing Clause.— Republic Act No. 6539, otherwise known as the
force upon things. People Vs. Artemio Garcia Y Cruz, Jr., et al. G.R. No. 138470,
“Anti-Carnapping Act of 1972”, is hereby repealed. All laws, executive orders, rules
April 1, 2003.
and regulations or parts thereof inconsistent with the provisions of this Act are
hereby amended or repealed accordingly.
Unlawful taking is the taking of a vehicle without the consent of the owner, or by
means of violence against or intimidation of persons, or by using force upon things;
RA 6539: ANTI-CARNAPPING LAW
it is deemed complete from the moment the offender gains possession of the thing,
Carnapping: taking, with intent to gain, of motor vehicle belonging to another
even if he has no opportunity to dispose of the same. (People Vs. Artemio Garcia Y
without the latter’s
Cruz, Jr., et al. G.R. No. 138470, April 1, 2003.)
consent or by means of violence against or intimidation of persons, or by
force upon things (Izon
DOES THE ELEMENT OF TAKING ABSORB THE LOSS OF CASH OR OTHER
v. People, 1981)
PERSONAL PROPERTY? No. Although carnapping and robbery have the same
Motor Vehicle: any vehicle which is motorized using the streets which are
element of taking with intent to gain, the former specifically refers to the unlawful
public, not exclusively for
taking of a motor vehicle only. (People vs. Dela Cruz, GR No. 174658,February 24,
private use (Boado, Comprehensive Reviewer in Criminal Law)
2009).

DEFINE "CARNAPPING"
DOES THE THIRD ELEMENT REQUIRE THE PERSON DIVESTED OF THE
MOTOR VEHICLE BE THE OWBER THEREOF? No. What is simply required is that
the property taken does not belong to the offender. Actual possession of the
property by the person dispossessed suffices. (People Vs. Artemio Garcia Y Cruz,
Jr., et al. G.R. No. 138470, April 1, 2003).
What should be the proper charge against an offender who unlawfully took and
carried away a motor vehicle belonging to another without the latter's consent, killing
the driver in the process?
a. The proper charge against the offender should be murder with the use of
motor
vehicle.
b. The proper charge against the offender should be qualified carnapping or
carnapping in an aggravated form. (*The driver was killed during the
commission of carnapping..A higher penalty is thus to be imposed).
c. The proper charge against the offender should be carnapping and homicide.
d. The proper charge against the offender should be robbery with homicide.
People v. Nocum, April 1, 2013. Section 2 of RA 6539 defines carnapping as "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."
The
crime of carnapping with homicide is punishable under Section 14 of the said law, as
amended by Section 20 of RA 7659. To prove the special complex crime of
carnapping with
homicide, there must be proof not only of the essential elements of carnapping, but
also that it
was the original criminal design of the culprit and the killing was perpetrated "in the
course
of the commission of the carnapping or on the occasion thereof." Thus, the
prosecution in this
case has the burden of proving that: (1) Mallari took the Toyota FX taxi; (2) his
original
criminal design was carnapping; (3) he killed the driver, Medel; and (4) the killing
was
perpetrated "in the course of the commission of the carnapping or on the occasion
thereof."
Distinguish robbery, theft and qualified theft – as general rule, when crime of
this
nature is committed, intent to gain is an essential element; the same principle
applies in
carnapping (Anti Carnapping Act of 1972, as amended)
Q: What is carnapping?
A: 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 person, or by using force upon things. Note: The overt act which is being
punished under this law as carnapping is also the taking of a motor vehicle under
circumstances of theft or robbery
. Q: What is a motor vehicle?
A: Motor vehicle" is any vehicle propelled by any power other than muscular power
using the public highways, but excepting road rollers, trolley cars, street‐sweepers,
sprinklers, lawn mowers, bulldozers, graders, fork‐lifts, 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 separate motor
vehicle with no power rating.lawphi1™
Q: What do you mean by defacing or tampering with a serial number?
A: "Defacing or tampering with" a serial number is the erasing, scratching, altering
or changing 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 motor engine, engine block or chassis which
is different from that which is listed in the records of the Bureau of Customs for
motor vehicles imported into the Philippines, that motor vehicle shall be considered
to have a defaced or tampered with serial number.
Q: What is repainting?
A: Repainting is changing the color of a motor vehicle by means of painting. There is
repainting whenever the new color of a motor vehicle is different from its color as
registered in the Land Transportation Commission.
Q: What is body building?
A: "Body‐building" is a job undertaken on a motor vehicle in order to replace its
entire body with a new body.
Q: What is remodeling?
A: "Remodeling" is the introduction of some changes in the shape or form of the
body of the motor vehicle.lawphi1™
Q: What is dismantling?
A: "Dismantling" is the tearing apart, piece by piece or part by part, of a motor
vehicle.
Q: What is overhauling?
A: Overhauling" is 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.
Q: How is carnapping committed?
A: It can be committed in two ways: 1. When the subject matter is a motor vehicle
and the motor vehicle is unlawfully taken through violence, threat or intimidation;
Illustration: Pedro is about to leave from UST. Upon boarding his car, he was poked
by X with a gun. X subsequently, took Pedro’s car. 2. In any other unlawful means
Illustration: Pedro, a law student parked his car somewhere. While attending his
Criminal 2 class, Pedro’s car was taken. Note: In either case, the taking is always
unlawful from the beginning.
Q: Suppose Pedro’s driver drove away his car, is it carnapping?
A: No. The taking of the vehicle is not unlawful from the beginning because the
driver was authorized to use the vehicle. The crime is qualified theft of a motor
vehicle under Article 310 of the RPC. Note: If the motor vehicle was not taken by the
offender but was delivered by the owner or possessor to the offender, who
thereafter misappropriated the same, the crime is either qualified theft or estafa.
Qualified theft of a motor vehicle is the crime if only the material or physical
possession was yielded to the offender; otherwise, if juridical possession was also
yielded, the crime is estafa. (2) Registration
Q: In what instances is registration required?
A: 1. Registration of motor vehicle engine, engine block and chassis Note: Within
one year after the approval of this Act, every owner or possessor of unregistered
motor vehicle or parts thereof in knock down condition shall register with the Land
Transportation Commission the following: 1. Motor vehicle engine 2. Engine block 3.
Chassis
Q: Who shall register?
A: The owner in his name 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
or chassis.
Q: What is the effect if motor vehicle engines, engine blocks and chassis are not
registered?
A: It shall be considered as: 1. Untaxed importation 2. Coming from an illegal source
3. Carnapped Note: It shall be confiscated in favor of the Government. Note: All
owners of motor vehicles in all cities and municipalities are required to register their
cars with the local police without paying any charges. 2. Registration of sale,
transfer, conveyance, substitution or replacement of a motor vehicle engine, engine
block or chassis. Note: It shall be made with the Land Transportation Commission.
Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle
engines, engine blocks and chassis not registered with the Land Transportation
Commission shall not be issued certificates of registration and shall be considered
as untaxed imported motor vehicles or motor vehicles carnapped or proceeding from
illegal sources. (3) Who are liable (a) Duty of collector of customs Q: What is the
duty of collector of customs? A: The Collector of Customs of a principal port of entry
where an imported motor vehicle, motor vehicle engine, engine block chassis or
body is unloaded, shall, within 7 days after the arrival of the imported motor vehicle
or any of its parts enumerated herein, make a report of the shipment to the Land
Transportation Commission, specifying the make, type and serial numbers, if any, of
the motor vehicle engine, engine block and chassis or body, and stating the names
and addresses of the owner or consignee thereof. Note: If the motor vehicle engine,
engine block, chassis or body does not bear any serial number, the Collector of
Customs concerned shall hold the motor vehicle engine, engine block, chassis or
body until it is numbered by the Land Transportation Commission. (b) Duty of
importers, distributors and sellers
chassis or bodies transported by it for the motor vehicle, motor vehicle engine,
engine block, chassis or body to be loaded on board the launch, boat vessel or ship.
(4) Punishable acts Q: What are the punishable acts? A: 1. Defacing or tampering
with serial numbers of motor vehicle engines, engine blocks and chassis. 2.
Carnapping

Q: What is the duty of importers, distributors and sellers?

A: Any person engaged in the importation, distribution, and buying and selling of
motor vehicles, motor vehicle engines, engine blocks, chassis or body, shall: 1.
Keep a permanent record of his stocks, stating therein: a. Their type, make and
serial numbers, and the names and addresses of the persons from whom they were
acquired and b. The names and addresses of the persons to whom they were sold,
and 2. Render an accurate monthly report of his transactions in motor vehicles to
the Land Transportation Commission. (c) Clearance and permit

Q: When is clearance and permit required?

A: 1. 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 Philippine Constabulary

Note: 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. Note: In the case of motor vehicle engines to be mounted on motor
boats, motor bancas and other light water vessels, the applicant shall secure a
permit from the Philippine Coast Guard, which office shall in turn furnish the Land
Transportation Commission the pertinent data concerning the motor vehicle engines
including their type, make and serial numbers. 2. Clearance required for shipment of
motor vehicles, motor vehicle engines, engine blocks, chassis or body‐ Any person
who owns or operates inter‐island shipping or any water transportation with
launches, boats, vessels or ships shall within 7 days submit a report to the
Philippine Constabulary on all motor vehicle, motor vehicle engines, engine blocks,