San Sebastian College - Recoletos: Rent-Tangay Scam: A Grand Theft of Cars That Must Be Penalized Under Ra 10883?

San Sebastian College – Recoletos
RENT-TANGAY SCAM: A GRAND THEFT OF CARS
THAT MUST BE PENALIZED UNDER RA 10883?
A Thesis
Presented To The College of Law
San Sebastian College-Recoletos, Manila
In Partial Fulfillment
Of the Requirements for the Degree in Juris Doctor
By;
Salatan, Hannalet Jemy D.

2014004586
December 2018
RENT-TANGAY SCAM: A GRAND THEFT OF CARS THAT MUST BE PENALIZED UNDER RA 10883? Page - 1 -
Certificate of Originality
I hereby declare that this submission is my own work and that, to the best of my
knowledge and belief, it contains no material previously published or written by another
person nor material to which to a substantial extent has been accepted for award of any
other degree or diploma of a university or other institute of higher learning, except where
due acknowledgement is made in the text.
I also declare that the intellectual content of this Juris Doctor thesis is the product
of my work, even though I may have received assistance from others on style,
presentation and language expression.
_________________________________ __________________
Signature of Advisee over printed name Date
_________________________________ __________________
Signature of Advisor over printed name Date
APPROVAL SHEET
The Thesis hereto entitled:
RENT-TANGAY SCAM: A GRAND THEFT OF CARS

THAT MUST BE PENALIZED UNDER RA 10883?
Prepared and submitted by HANNALET JEMY D. SALATAN in

partial fulfillment of the requirements for the degree of JURIS DOCTOR
has been examined and is recommended for acceptance and approval.
Accepted in partial fulfillment of the requirements for the degree of

JURIS DOCTOR.
____________________________
Dean
____________________________
Date
ABSTRACT
Republic Act 10883, also known as the New Anti-Carnapping Law which
penalizes individual who takes, 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 New Anti-Carnapping law denies the right to bail against the 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 if evidence of guilt is strong.
Recently, a number of car buyers has been victimized by an alleged scam coined
as “Rent Tangay Scam” wherein a person contracts with a car owner to rent his car and
upon possession of the rented car, such person sells or pawns the car at a low amount or
interest to unsuspecting buyers. Authorities believe that syndicated or organized
carnappers are behind this scam.
Cases of carnapping and estafa are being filed against these suspects, however,
the former case is instantly dismissed because the element of taking a motor vehicle
belonging to another without consent is wanting. As a result, only the case of estafa is
being pursued which is a bailable case.
With this, these suspects may eventually file an application for bail and continue
on doing such criminal act of taking another’s car using the “Rent Tangay” scam.
Hence, this research suggests an amendment to certain provisions of RA 10883 to

include “Rent Tangay Scam” and to further strengthen the implementation of such order.
KEYWORDS: Rent-Tangay Scam, Estafa, Carnapping, Amendment
Contents
TITLE PAGE _______________________________________________________________________ - 1 -
CERTIFICATE OF ORIGINALITY ___________________________________________________ - 2 -
ABSTRACT ________________________________________________________________________ - 4 -
CHAPTER I ________________________________________________________________________ - 7 -
1.1 INTRODUCTION ___________________________________________________________ - 7 -

1. 2 HISTORICAL BACKGROUND _______________________________________________ - 11 -
1.2.1 Philippine Gangs and Criminal Syndicates Carnapping/Carjacking Syndicates _______ - 11 -
1.2.2 Republic Act 6539 as amended ______________________________________________ - 12 -
by Republic Act 10883 ____________________________________________________________ - 12 -
1.2.3 Difference between the old and ______________________________________________ - 15 -
the new Anti-Carnapping Law _____________________________________________________ - 15 -
1.3 SCOPE AND LIMITATION ______________________________________________________ - 19 -
1.4 STATEMENT OF THE PROBLEM ____________________________________________ - 20 -
1.5 OBJECTIVES AND SIGNIFICANCE OF THE STUDY ____________________________ - 20 -
1.6 STATEMENT OF BENEFITS _________________________________________________ - 21 -
1.7 STATEMENT OF RISKS ____________________________________________________ - 21 -
1.8 DEFINITION OF TERMS ____________________________________________________ - 22 -
CHAPTER II_______________________________________________________________________ - 24 -
REVIEW OF RELATED LITERATURE ______________________________________________ - 24 -
2.1 FOREIGN LITERATURE ________________________________________________________ - 24 -

2.1.1 Can someone be charged with theft ___________________________________________ - 24 -
for not returning a rental car? _____________________________________________________ - 24 -
2.1.2 How is Grand Theft Auto ___________________________________________________ - 29 -
committed through other acts? _____________________________________________________ - 29 -
2.1.3 How to prove Grand Theft Auto? ____________________________________________ - 29 -
2.1.4 How is Grand Theft Auto ___________________________________________________ - 30 -
different from Carjacking/Carnapping? ______________________________________________ - 30 -
2.1.5 Legality of Grand Theft Auto ________________________________________________ - 31 -
2.1.6 Penalties ________________________________________________________________ - 32 -
2.1.7 Summary of Grand Theft Auto _______________________________________________ - 34 -
2.2 LOCAL LITERATURE _________________________________________________________ - 34 -
2.2.1 What is Rent Tangay Scam? ________________________________________________ - 34 -
2.2.2 Can a person file a criminal action for violation the New Anti-Carnapping Law against Rent
Tangay scammer? _______________________________________________________________ - 37 -
2.2.3 Elements of Estafa under the Revised Penal Code and why Rent Tangay Scam falls under this
category _______________________________________________________________________ - 39 -
2.2.4 Summary of Rent-Tangay Scam ______________________________________________ - 41 -
CHAPTER III ______________________________________________________________________ - 42 -
RESEARCH METHOD _____________________________________________________________ - 42 -
3.1 RESEARCH DESIGN _______________________________________________________ - 42 -

3.2 RESEARCH INSTRUMENTS ________________________________________________ - 42 -
3.3 DATA GATHERING PROCEDURE ___________________________________________ - 43 -
CHAPTER IV ______________________________________________________________________ - 44 -
DISCUSSIONS/ ANALYSIS __________________________________________________________ - 44 -
4.1 HOW IS THE RENT-TANGAY SCAM UNDERSTOOD? HOW DOES IT OPERATE? ______________ - 44 -
4.2 UNDER THE EXISTING CRIMINAL LAWS, HOW DOES THE LAW DEAL WITH THE RENT-TANGAY
SCAM? - 44 -
4.3 WHAT ARE THE POSSIBLE LEGAL JUSTIFICATIONS SO AS THE RENT TANGAY SCAM WILL BE
INCLUDED AS ONE PUNISHABLE ACTS UNDER THE RA 10883? _______________________________ - 46 -
CHAPTER V _______________________________________________________________________ - 48 -
SUMMARY/ CONCLUSION/ RECOMMENDATION ___________________________________ - 48 -
5.1 SUMMARY _______________________________________________________________ - 48 -

5.1.1 CARNAPPING AND ESTAFA ARE HIGHLY INCONSISTENT WITH EACH OTHER _______________ - 48 -
5.2 CONCLUSION_____________________________________________________________ - 50 -
5.2.1 Rental of a mobile vehicle without intent to return the same is considered carnapping __ - 50 -
5.3 RECOMMENDATION ______________________________________________________ - 52 -
BIBLIOGRAPHY___________________________________________________________________ - 55 -
APPENDICES ______________________________________________________________________ - 57 -
AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE PHILIPPINES

REPUBLIC ACT NO. 10883 __________________________________________________________ - 66 -
AN ACT PREVENTING AND PENALIZING CARNAPPING ____________________________ - 66 -
CHAPTER I
1.1 INTRODUCTION
There is a new scam on the lookout. Authorities coin it as Rent-Tangay Scam.
This scam is orchestrated by the group of individuals who entice its victims into entering
an agreement with the owner of a mobile vehicle to rent the same. After the conclusion of
the rental agreement, these groups of individuals, with intent to gain, pawn or sell the
same to unsuspecting buyer.
Authorities, specifically the Philippine National Police-Highway Patrol Group
(PNP-HPG), continuously warn the public of this Rent-Tangay Scam but many still falls
for this Rent-Tangay Scam because the suspects of this scam allegedly entice their
victims to invest in their car rental business in exchange of reasonable profit and for a
guaranteed return. In the latest report, Department of Justice orders the National Bureau
of Investigation to investigate the modus which has already victimized 500 car owners.
Victims of this Rent-Tangay Scam simultaneously file a criminal case of Estafa
under Article 315 of the Revised Penal Code and violation of Republic Act No. 10883,
also known as, An Act Providing for a New Anti-Carnapping Law of the Philippines
(New Anti-Carnapping Law for brevity). However, the criminal case filed for the
violation of New Anti-Carnapping Law is always dismissed by the state prosecutors
because the element of taking of mobile vehicle without the consent of the owner is
lacking. And as of August 18, 2018, fraud raps have already been filed against the
perpetrators of the said scam
The Lawyers for Safety Commuters and Protection (LSCP), on the other hand,
believes that this Rent-Tangay Scam should be considered a crime against the New Anti-
Carnapping Law considering that the intent to gain is present in the said scam.
The elements of Carnapping are as follows:
1. the taking of a motor vehicle which belongs to another;
2. the taking is without the consent of the owner or by means
of violence against or intimidation of persons or by using
force upon things; and
3. the taking is done with intent to gain.
On the other hand, estafa is defined as a criminal offense wherein a person
defrauds another by the following means:
1. by unfaithfulness or abuse of confidence;
2. by deceit;
3. by fraudulent means.
Estafa is committed by a person who defrauds another causing him to suffer
damage, by means of unfaithfulness or abuse of confidence, or of false pretense or
fraudulent acts.
Under the Revised Penal Code, estafa through deceit of fraudulent, acts executed
prior to or simultaneously with the commission of the fraud is done by:
a. Using fictitious name as means of deceit;
b. Altering quality, fineness or weight of anything pertaining to art or business;
c. By issuing unfunded checks or postdated checks;
d. Availing of services of hotel, inn, restaurants etc. without paying therefor.
According to the report 1 of Philippine Statistics Authority, there were six
thousand nine hundred nineteen (6,919) recorded crimes involving carnapping in 2012,
eleven thousand three hundred twenty six (11, 326) in 2013 and twelve thousand five
hundred seventeen (12, 517) in 2014. It should be noted that at the time the said report
was made, Republic Act no. 6539 or the Anti-Carnapping Act of 1972 was in effect.
Under the old carnapping law, the penalties imposed were not as strict as the present RA
10883.
Under the New Anti-Carnapping Law, carnapping is defined 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 New Anti-Carnapping Law provides for the stricter penalty, to wit:
“x x x
1
https://psa.gov.ph/sites/default/files/2015%20PIF%20Final_%20as%20of%20022916.pdf
Section 3. 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 carnappedvehicle is killed or raped in the course of
the carnapping shall be denied bail when the evidence of guilt is
strong.”
Now that New Anti-Carnapping Law imposes stiffer penalties and making it a
non-bailable offense if evidence of guilt is strong, perpetrators are now concocting this
Rent-Tangay Scam by renting or pawning a mobile vehicle as a guise for carnapping.
However, as discussed earlier, criminal cases of Carnapping filed against these
perpetrators are being dismissed outright, while the case of estafa simultaneously filed
before the state prosecutor’s office is being filed in court. Because of a relevantly low
penalty of estafa compared to that of carnapping, perpetrators of the said scam may
commit the same act prejudicing the rights of some other unsuspecting car owners or
buyers.
In some states in the United States, the failure of a renter to return a rented car to
its lawful within the agreed date constitutes an offense coined as Grand Theft Auto. The
said offense, as will be discussed in Chapter Two of this study, is particularly focused on
penalizing persons who unlawful deprive the owner of the rented vehicle by not returning
such on the agreed date and/or taking the same without the consent of the owner.
In essence, would the inclusion of the Rent-Tangay Scam (or Grand Theft Auto in
other jurisdiction) in the New Anti-Carnapping Law help in deterring the increasing
number of unlawful taking of vehicle notwithstanding the fact that the element of taking
without the consent of the owner is lacking?
1. 2 HISTORICAL BACKGROUND
1.2.1 Philippine Gangs and Criminal Syndicates Carnapping/Carjacking

Syndicates2
Back in the late 1990’s, the Philippines was smothered with Carnapping
Incidents. The carnappers often target SUV’s and luxury sedans that were parked in
2
Retrieved from: http://3stars-sun.blogspot.com/2008/03/philippine-gangs-and-criminal_2382.html
Public parking areas. Some people even reported that their cars were stolen right in their
very own garages. As vehicle anti-theft gadgets and the increase in security of public
parking areas, the Carnapping Incidents decreased, but some are still able to do so, often
targeting vehicles that don’t have anti-theft mechanisms.
Since more and more vehicles nowadays are being equipped with anti-theft
mechanisms carnappers have now diverted their modus operandi into carjacking. They
often target vehicles which already has the engine running, then walk into the driver side
of the vehicle and aims a gun to the driver and instructs the driver to get out of the
vehicle, then they get in and drive off with the stolen car.
1.2.2 Republic Act 6539 as amended
by Republic Act 10883

In our jurisdiction, 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. Under the said law, motor vehicle
is defined as s 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.
The following illegal acts constitute as a violation of this old Anti-Carnapping law of
1972, also known as, an Act Preventing And Penalizing Carnapping, namely;
1. 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.
2. Repainting is changing the color of a motor vehicle by means of
painting.
3. Body-building is a job undertaken on a motor vehicle in order to replace
its entire body with a new body.
4. Remodeling is the introduction of some changes in the shape or form of
the body of the motor vehicle.
5. Dismantling is the tearing apart, piece by piece or part by part, of a
motor vehicle.
6. 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.
Under the old Anti-Carnapping Law of 1972, the penalties are the following:
Any person who violates any provisions of this Act shall be punished
with imprisonment for not less than two years nor more than six years and a
fine equal in amount to 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 or 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 government 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 act shall,
in addition to the penalty prescribed in the preceding paragraph, be dismissed
from the service with prejudice to his reinstatement and with disqualification
being
from voting or voted for in any election and from appointment to any
public office.
But the said law has been amended by the new Anti-Carnapping Law of 2016
which lapsed into law.
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.
1.2.3 Difference between the old and
the new Anti-Carnapping Law
A person found guilty of car theft would be penalized with 20 to 30 years of jail
term, while the old law only imposes 14 years and eight months to 17 years and four
months imprisonment.
If violence, intimidation or use of force were used, the person found guilty would
be imprisoned for 30 years and one day to 40 years. When the owner, driver, occupant of
the carnapped motor vehicle was killed or raped, the person found guilty would be
sentenced to life imprisonment.
On the other hand, any person involved in the concealment of the crime of
carnapping would be imprisoned from six to 12 years and fined with the acquisition cost
of the motor vehicle, engine or any other part involved in the violation.
The new Anti-Carnapping law also considers carnapping a non-bailable offense
especially if evidence of guilt is strong. Public officials involved in carnapping, she said,
also face dismissal from service and perpetual disqualification from public office.
It also requires those asking for the original registration of a vehicle to apply for
clearance from the Philippine National Police and the Land Transportation Office (LTO).
Also under the law, the LTO is mandated to keep a permanent registry of motor vehicles,
motor vehicle engines, engine blocks and chassis of all motor vehicles stating the type,
make, serial numbers as well as the names and addresses of the vehicles’ present and
previous owners. 3 Tampering of serial numbers and transfer of vehicle plates without
approval from the LTO will also be considered a criminal act under the measure.
Under the old anti-carnapping law or Republic Act 6539 also known as the Anti
Carnapping law of 1972, "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. The same definition is used in
the New Anti-Carnapping Law.
The penalties before the enactment of the present New Anti-Carnapping Law
were the following:
“Section 14.Penalty for Carnapping. Any person who is found guilty of
carnapping, as this term is defined in Section two of this Act, shall,
3
Senate of The Philippines, 17th Congress, Press Release. Poe-sponsored measure: STIFFER ANTI-
CARNAPPING LAPSES INTO LAW. Retrieved from:
http://www.senate.gov.ph/press_release/2016/0720_poe2.asp
irrespective of the value of motor vehicle taken, be punished by imprisonment
for not less than fourteen years and eight months and not more than seventeen
years and four months, when the carnapping is committed without violence or
intimidation of persons, or force upon things; and by imprisonment for not
less than seventeen years and four months and not more than thirty years,
when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life
imprisonment to death shall be imposed when the owner, driver or occupant
of the carnapped motor vehicle is killed in the commission of the
carnapping.”
House Bill 4544, filed on June 10, 2010, lapsed into law under the Duterte
administration. The new Anti-Carnapping Act or Republic Act 10883 repealed RA 6539
that was passed in 1972.
The bill was transmitted to Malacañang before former president Benigno Aquino
III stepped down last June 30 and under the Constitution, the chief executive has 30 days
to sign or veto a measure approved by Congress or it would lapse into law.
The RA 6598 is now repealed by RA 10883 which imposes stricter penalty, to
wit;
“Section 3.
x xx
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.”
It also states the following:
“When the owner, driver or occupant of the carjacked motor vehicle is
killed or raped, the perpetrator will be sentenced to life imprisonment.
Any person involved in the concealment of the crime of carjacking
will be imprisoned from six to 12 years and fined with the acquisition cost of
the motor vehicle, engine or any other part involved in the violation.
Public officials involved in carjacking also face dismissal from
service and perpetual disqualification from public office.”
It must be noted that the aforementioned provisions were not present in the old
carnapping law.
Because of the stricter penalty imposed by the New Anti-Carnapping Law,
perpetrators found a way to avoid the same. The Rent-Tangay Scam made a buzz as early
as 20164 when the Highway Patrol Group warned the public, particularly car rental firms,
against those who rent vehicles, then steal them and kill their drivers.
Senior Inspector Jem Delantes of the HPG Task Force Limbas said the HPG is
investigating at least six cases of “rent-tangay,” from January to June (2016).
1.3 SCOPE AND LIMITATION

The researcher chose to limit the inclusion of Rent Tangay Scam as one of the
punishing acts of RA 10883 also known as the New Anti-Carnapping Law.
4
Felipe C. (2016) HPG warns vs “Rent Tangay” Retrieved from
https://www.philstar.com/metro/2016/09/30/1628835/hpg-warns-vs-rent-
tangay#FgPpqLWwM7TRL0Lq.99 on September 1 2018.
1.4 STATEMENT OF THE PROBLEM
This study aims to determine the feasibility of amending the Anti-Carnapping
Law by including the “Rent Tangay Scam” as one of its punishable acts considering that
the same act involves the unlawful taking of a mobile vehicle.
1. How is the Rent-Tangay Scam understood? How does it operate?
2. Under the existing criminal laws, how does the law deal with the Rent-
Tangay Scam?
3. What are the possible legal justifications so as the Rent Tangay Scam will
be included as one punishable acts under the RA 10883 also known as An
Act Providing for the New Anti Carnapping Law considering that the
element of unlawful taking of mobile vehicle of another without his
consent is lacking?
4. How should the “Rent-Tangay Scam” be included in the New Anti-
Carnapping Law as one of its punishable acts?
1.5 OBJECTIVES AND SIGNIFICANCE OF THE STUDY
The main objective of this study is to be consistent with the state’s policy to
protect the rights of its citizen through the Police Power which is vested in the legislature
by the Constitution. This study aims to promote the general welfare, comfort and
convenience of the people.
This study also aims to strengthen Republic Act No. 10883 also known as “An act
Providing For A New Anti-Carnapping Law in the Philippines” to help deter the
increasing number of crimes committed involving carnapping thereby bringing threat to
public safety.
1.6 STATEMENT OF BENEFITS
The inclusion of Rent Tangay Scam as one of its punishable, alongside strict
implementation by our law enforcers, will hinder the commission of this crime and give
vehicle owners peace of mind.
1.7 STATEMENT OF RISKS
There are no possible risks posed on the owners of a mobile vehicle. In fact, they
are the ones being protected by this proposal by recommending a stricter state policy on
protecting the rights and properties of car owners.
However, the owner of the vehicle may arbitrarily file a criminal case of the
violation of the New Anti-Carnapping Law against their client who rented the same who
had no intention to steal the said vehicle. It may also pose risks for those who are falsely
accused of the said law.
Hence, the researcher of this study incorporates and includes in her proposal
exceptions to the general premise of this study that failure to return the rented mobile
vehicle within the agreed period constitutes Carnapping. The said parameters are
discussed in the Chapter 5 or Summary/Conclusion/Recommendation of this research
study.
1.8 DEFINITION OF TERMS
Carnapping- 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.
Estafa- a criminal offense wherein a person defrauds another by the following
means: by unfaithfulness or abuse of confidence; by deceit; by fraudulent means.
Rent Tangay Scam- a scam orchestrated by the group of individuals who would
entice its victims into entering an agreement with the owner of a mobile vehicle to
rent the same. After the conclusion of the rental agreement, these group of
individuals, with intent to gain, will pawn or sell the same to unsuspecting buyer.
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;
Highway Patrol- A highway patrol is either a police unit created primarily for the
purpose of overseeing and enforcing traffic safety compliance on roads and
highways, or a detail within an existing local or regional police agency that is
primarily concerned with such duties.
Grand Theft Auto- stealing an automobile or other vehicle, is a felony in most
states, and may be punished by imprisonment. While the laws in each state are
different, there are some general principles that apply in every state. 5 Sometimes,
the suspect takes the car to a “chop shop” to have the car disassembled for money
or the suspect intentionally fails to return a rental car.
5
Didier, 2018 From Crimes and Penalties of Grand Theft Auto
https://www.criminaldefenselawyer.com/crime-penalties/federal/Grand-theft-auto.htm Retrieved on
September 5, 2018
CHAPTER II
REVIEW OF RELATED LITERATURE
Studies, researches and related relevant articles are presented to this study to
emphasize the need to strengthen the New Anti-Carnapping Law (RA 10083) through the
inclusion of Rent-Tangay Scam as one of its punishable acts.
2.1 Foreign Literature
2.1.1 Can someone be charged with theft
for not returning a rental car?
The California Laws say that this is possible. There are actually two California
laws that punish a person if he steals a rental car. This crime, which is considered as a
felony in most states, is coined as Grand theft auto, or stealing an automobile or other
vehicle and may be punished by imprisonment. While the laws in each state are different,
there are some general principles that apply in every state. 6 Sometimes, the suspect takes
the car to a “chop shop” to have the car disassembled for money or the suspect
intentionally fails to return a rental car.7
To be charged with violation of Penal Code 487(d)(1), also known as‘Grand
Theft Auto’ in California, several elements of crime must be present. To be found guilty,
the prosecution must prove beyond a reasonable doubt the following:
6
September 5, 2018
7
Hill, 2018 From Defenses of Grand Theft Auto https://www.greghillassociates.com/what-is-grand-theft-
auto-defenses-punishment.html. Retrieved on September 5, 2018
 A person took a vehicle owned by someone else;
 The vehicle was worth more than $950 (in most cases);
 Lack of owner’s permission to take the vehicle;
 There was an intent to deprive the owner of it permanently, or to take it
away from the owner of it for a period of time long enough that they
would be deprived of a significant portion of the value or enjoyment of it;
 The vehicle was moved (even for a very short distance) and kept it for any
period of time (even very briefly).
In California, offenders involved in auto or vehicle theft can be charged with
either Grand Theft Auto under Penal Code 487 (d)(1) PC or Joyriding under Vehicle
Code 10851 VC, which is the unlawful taking or driving of a vehicle. An offender facing
vehicle theft charges in Los Angeles may be charged with misdemeanor or a felony. This
depends on the defendants case, criminal history, and whether he or she has had prior
convictions, has been charged with similar crimes. This is primarily because in California
Grand Theft Auto under Penal Code 487(d)(1) PC and Joyriding under Vehicle Code
10851 VC are generally considered as “wobbler” offenses.8
In Illinois, motor vehicle theft is prosecuted under the state’s general theft statute;
the crime does not have its own statute. Illinois law does, however, contain statutes that
8
https://kaass.com/grand-theft-auto-penal-code-487d1-pc/
directly address the crimes of carjacking and failure to return a rental vehicle. Under the
Illinois Statutes Chapter 720.Criminal Offenses § 5/16-1. Theft,
person commits theft when he or she knowingly:
1. Obtains or exerts unauthorized control over property of the owner; or
2. Obtains by deception control over property of the owner; or
3. Obtains by threat control over property of the owner; or
4. Obtains control over stolen property knowing the property to have been
stolen or under such circumstances as would reasonably induce him or her to
believe that the property was stolen; or
5. Obtains or exerts control over property in the custody of any law enforcement
agency which any law enforcement officer or any individual acting in behalf
of a law enforcement agency explicitly represents to the person as being
stolen or represents to the person such circumstances as would reasonably
induce the person to believe that the property was stolen, and
(a) Intends to deprive the owner permanently of the use or benefit of
the property; or
(b) Knowingly uses, conceals or abandons the property in such
manner as to deprive the owner permanently of such use or
benefit; or
(c) Uses, conceals, or abandons the property knowing such use,
concealment or abandonment probably will deprive the owner
permanently of such use or benefit.
Under the said Illinois law, a vehicle renter is presumed to have the intent to
permanently deprive the owner of the vehicle, and thus have committed theft, if the renter
fails to return the vehicle within 10 days of a written demand by the owner to do so; or if
the renter uses identification with a false name, addresses, or phone number and fails to
return the vehicle within 24 hours of the owner’s written demand.9
Louisiana law, particularly LA Rev Stat § 14:220, also criminalizes failing to
return a rental car at the end of the rental agreement or using a false name or address to
rent a car, to wit;
“§220. Rented or leased motor vehicles; obtaining by false representation,
etc.; failure to return; defenses; penalties
A. If any person rents or leases a motor vehicle and obtains or retains
possession of the motor vehicle by means of any false or fraudulent
representation including but not limited to a false representation as to his
name, residence, employment, or operator's license, or by means of
fraudulent concealment, or false pretense or personation, or trick, artifice, or
device; or, if the person with fraudulent intent willfully refuses to return the
9
720 Ill. Comp. Stat. § 5/16-1
leased vehicle to the lessor after the expiration of the lease term as stated in
the lease contract, the person shall be guilty of a felony and upon conviction
thereof shall be subject to the penalty provided for in Subsection B of this
Section. Except as provided in Subsection D of this Section, the offender's
failure to return or surrender the motor vehicle within seven calendar days
after notice to make such return or surrender has been sent by certified mail to
the offender's last known address, or has been delivered by commercial
courier as defined in R.S. 13:3204(D), shall be presumptive evidence of his
intent to defraud, and the lessor may report to any law enforcement agency
that the rented or leased motor vehicle has been stolen.”
In Los Angeles, a suspect may be charged with Vehicle Theft (Vehicle Code
10851) if that suspect took the car with the intent to temporarily or permanently deprive
the owner or possessor of the car. If the suspect took the car with the intent to
permanently deprive the owner or possessor of the car, the suspect would be charged with
Grand Theft Auto under Penal Code 487(d)(1).
If the suspect took the car to a chop shop where the car was to be disassembled
for individual car parts and later sold, this would be evidence of the intent to permanently
deprive the owner of the car and Grand Theft Auto would be the appropriate charge.
Another example of the intent to permanently deprive the owner of the car occurs when a
suspect fails to return a car that was rented from a car rental agency such as Hertz or Avis,
until two months after the return date. Again, Grand Theft Auto would likely be charged.
2.1.2 How is Grand Theft Auto
committed through other acts?
1. Using false pretenses (that is, a lie or deceit) to persuade someone to give
you ownership of their car;
2. Using a trick to persuade someone to let you take possession of their car;
or
3. Using embezzlement to take someone else's car or, abusing a position of
trust to take someone else's car.10
Hence, a person who took the vehicle with the permission of the owner can still be
convicted of Grand Theft Auto provided that he obtained that permission through false
pretenses/fraud or trick.
2.1.3 How to prove Grand Theft Auto?

Auto theft may occur in a variety of circumstances, and many states have statutes
addressing various auto theft crimes based on these circumstances. One of the most
common of these crimes is Grand Theft Auto. Grand theft auto typically applies to a theft
of a parked vehicle that is not occupied by a driver or passenger. While some larceny
crimes are deemed “petty crimes” because of the low value of the items stolen, grand
theft auto ascribes a more severe charge to a larceny crime because the item (the car) is
worth so much. Grand Theft Auto is typically charged as a felony and can result in jail
time of a year or more. In order to prove that grand theft auto has occurred, a prosecutor
10
Penal Code 487(d)(1):
California "Grand Theft Automobile" Law
must show that the defendant took a vehicle that belonged to someone else with the intent
to permanently deprive the owner of their vehicle. These elements are similar to other
theft crimes and prevent defendants from being charged with theft for mistaken use of a
vehicle. For instance, because grand theft auto requires an intent to steal, a man who
mistakenly believes that his friend has authorized him to borrow a car would not be
convicted of grand theft auto for driving away in his friend’s vehicle. Similarly, if a
businessman mistakenly drives off a rental car lot with the wrong car, this would not be
an auto theft crime either.11
Simply put, a key element of an auto theft crime is what an offender intends to do
with the vehicle after taking it. Typically, an offender is guilty of auto theft when he takes
the vehicle of another with the intention of permanently depriving him of it. In an article
entitled “CAN I BE CHARGED WITH AUTO THEFT FOR A RENTAL CAR?” written
by Criminal Defense Rights Lawyer Mikel Rastegar, “the perfect example of this is a
rental car you decide not to return. A lawful rental becomes a theft crime the moment you
fail to return it on time with the intention of keeping it.”
2.1.4 How is Grand Theft Auto
different from Carjacking/Carnapping?
Though Grand Theft Auto and Carjacking both involve the theft of a vehicle, they
differ in that carjacking involves violence. Grand theft auto occurs without violence and
usually when the owner is not present. Carjacking is forceful, and a defendant who
11
https://www.justia.com/criminal/offenses/theft-crimes/auto-theft/
commits this crime can be charged with robbery. The crime of carjacking can also take
12
place if the vehicle was taken through fear and intimidation.
Under California Penal Code Section 215, carjacking is committed when force or fear to
take a motor vehicle from the possession of another person against his or her will in that
person’s immediate presence.
To be convicted of carjacking, the prosecution must prove all of the following:
 A person possessed a car
 You took the car from the owner’s immediate presence
 You took the car against the owner’s will using force or fear, and
 You took the car with the intent to deprive the owner of the vehicle either
permanently or temporarily13
2.1.5 Legality of Grand Theft Auto
Every state has car theft laws, though they may be slightly different in each state.
Most car theft laws classify the crime as either a serious misdemeanor charge or as a
felony charge. Misdemeanor charges can result in a criminal fine and a jail sentence of up
to one whole year in a county facility. Felony charges can involve similar fines and a
prison sentence in a federal facility, usually longer than one year. Generally, if the car
12
Tipton 2018, From Grand Theft Auto https://www.legalmatch.com/law-library/article/grand-theft-auto-
lawyers.htmlSarah Tipton Retrieved September 5, 2018
13
Wallin, 2018 From Difference of Carjacking and Grand Theft auto https://www.wklaw.com/whats-
difference-carjacking-grand-theft-auto-pc-215-pc-487/ Retrieved on September 5, 2018
theft involves violence, the use of a weapon, or injury to another person, the
consequences will be more serious for the defendant. Also, some states may increase the
penalty for car theft if the car involved was very expensive. Theft of a police car is a very
serious offense and is generally classified as a felony.14
Grand theft auto is a specific type of felony involving the theft of motor
vehicles. The illegal act may also be charged as “motor vehicle theft.” Not only can a car
thief be convicted of grand theft auto, but he or she can also be sued in a civil trial for any
damage to the vehicle, as well as punitive damages. The amount that can be claimed in a
civil trial varies from state to state. Penalties for the criminal trial can include
incarceration and the term will usually be decided upon by the extent of the crime
perpetrated. 15
2.1.6 Penalties
Under the Louisiana law, theft of a motor vehicle worth less than $500 is
punishable by up to six months in jail, a fine of up to $1,000, or both. Theft of a motor
vehicle worth $500 or more but less than $1,500 is punishable by up to five years in
prison, a fine of up to $2,000, or both. Theft of a motor vehicle worth $1,500 or more is
punishable by up to ten years in prison, a fine of up to $3,000, or both. Carjacking is
14
https://www.legalmatch.com/law-library/article/car-theft-laws.htmlKouroshAkhbari LegalMatch Legal
Writer05-03-2018 03:34 AM PDT
15
http://www.lawfirms.com/resources/criminal-defense/criminal-offense/grand-theft-auto.htm
punishable by two to 20 years in prison. Joyriding is punishable by up to ten years in
prison, a fine of up to $5,000, or both. Failing to return a rental car is punishable by up to
five years in prison, a fine of to $500, or both.
Under California Penal Code 487(d)(1), “Grand Theft Auto” can be charged
either as a misdemeanor or felony offense. In other words, it is a “wobbler”. The level of
the penalty depends on the facts of the case and also your criminal history.
It is usually charged as a felony, and as such, you face a sentence of:
 16 months, 2 years, or 3 years in state jail, or
 a fine of up to $10,000,
 or both.
It is rare that Grand Theft Auto would be charged as a misdemeanor (unless the
value of the car is worth less than $950).
If you are charged with stealing an expensive car, you can receive an additional
consecutive prison sentence, as follows:
 One additional year if the car was worth more than $65,000, or
 Two additional years if the car was worth more than $200,000.
2.1.7 Summary of Grand Theft Auto
In conclusion, to be prosecuted and charged with a crime involving the Grand
Theft Auto or the unlawful taking of a vehicle, including a rental car, the prosecution
should prove that the person who took the said vehicle should have an intention to steal
the same depriving the owner of its use. It is must be noted that failure to return a rented
car on an agreed date, orally or written, by the owner and the renter constitute the crime
of Grand Theft Auto. However, the owner of the said vehicle has the burden of proof that
the value of said rented car, that was later on stole or that was not returned on the agreed
date, is not less than the amount provided by the law.
2.2 Local Literature
2.2.1 What is Rent Tangay Scam?

Recently, the Philippine National Police warns the public, especially car owners
to be vigilant against the evolving carnapping incidents as unscrupulous individuals
continue to invent a variety of modus operandi one of which is the Rent-Tangay Scam.
The National Bureau of Investigation (NBI) is probing a new modus called 'Rent-Tangay'
where scammers rent vehicles only to pawn or sell them later to unsuspecting buyers.
Authorities classify the said scam as a means of perpetrating a crime involving the
unlawful taking of a vehicle owned by another. While the said crime involves the
unlawful taking of a vehicle, our jurisdiction does not recognize such as carnapping.
In our jurisdiction, carnapping is defined as a criminal offense in there a 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.
Republic Act 10083 or the New Anti-Carnapping Law of the Philippines provides that:
“Any person who is found guilty of carnapping shall, regardless of the
Any person charged with carnapping or when the crime of carnapping is
committed by criminal groups, gangs or syndicates or by means of violence
“Any person who is found guilty of carnapping shall, regardless of the
Any person charged with carnapping or when the crime of carnapping is
committed by criminal groups, gangs or syndicates or by means of violence
Authorities explained that Rent-Tangay Scam is orchestrated by the group of
individuals who would entice its victims into entering an agreement with the owner of a
mobile vehicle to rent the same. After the conclusion of the rental agreement, these group
of individuals, with intent to gain, will pawn or sell the same to unsuspecting buyer.
The Department of Justice (DOJ) has ordered the NBI to investigate the modus
which has already victimized 500 car owners and is believed to be operated by a man
who goes by the name Tychicus Historillo Nambio. 16 As of August 13, 2018, The
Department of Justice (DOJ) indicted eight persons for 14 syndicated estafa cases in
connection with the ‘rent-sangla' modus operandi which has victimized car owners from
different parts of the country.
In resolution dated March 16 but was obtained by the media on Monday, the DOJ
found that Rafaela M. Anunciacion, primary respondent, Marilou V. Cruz, Edgardo
Ramos, Alfredo M. Ronquillo, Eliseo Cortez, Anastacia M. Cauyan, Sabina D. Torrea,
and Leonardo M. Torrea for 14 counts of syndicated/large scale estafa as defined and
penalized under Section 1 of Presidential Decree No. 1689 in relation to Article 315 2(a)
of the Revised Penal Code with conspiracy as a mode of its commission.17
2.2.2 Can a person file a criminal action for violation the New Anti-
Carnapping Law against Rent Tangay scammer?
Unfortunately, the Department of Justice in its Resolution for the case filed against
8 persons charged with alleged car rental scam dubbed "rent tangay" or "rent sangla.",
ruled that:18
16
NBI investigating new modus 'rent-tangay'https://www.rappler.com/nation/161813-nbi-investigating-
modus-rent-tangayLianBuanPublished 2:37 PM, February 18, 2017
17
Caliwan, 2018. From DOJ indicts 8 persons on estafa raps over 'rent-sangla' modusBy Christopher Lloyd
Caliwanhttp://www.pna.gov.ph/articles/1044649. Retrieved on September 5, 2018
18
Reformina, 2018, From EXCLUSIVE: DOJ recommends fraud raps vs 8 in alleged 'rent tangay'Ina
"Deceit is obvious not only from the fact that respondents have represented
a fictitious car rental business to complainants but also from the deliberate
concealment of their business’ lack of sufficient assets or paid-up capital,"
The DOJ recommends the filing of estafa against these persons charged
because carnapping charges is dismissible considering that the same is “highly
inconsistent with fraud or estafa”.
Under the Revised Penal Code, the elements of Estafa are the following:
1. there must be a false pretense, fraudulent act or fraudulent means;
2. such false pretense, fraudulent act or fraudulent means must be made or
executed prior to or simultaneously with the commission of the fraud;
3. the offended party must have relied on the false pretense, fraudulent act,
or fraudulent means, that is, he was induced to part with his money or
property because of the false pretense, fraudulent act, or fraudulent
means; and
4. as a result thereof, the offended party suffered damage
For the successful prosecution of Carnapping as defined under Section 2 of R.A.
No. 6539, as amended, the following elements must be present:
Reformina, http://news.abscbn.com/news/08/13/18/exclusive-doj-recommends-fraud-raps-vs-8-in-
alleged-rent-tangay Retrieved on September 6, 2018.
2. the taking is without the consent of the owner or by means of violence
against or intimidation of persons or by using force upon things; and
In People v. Isaac, 96 Phil. 931 (1955)19 (at the time when the Anti-Carnapping
Law of 1972 was not in effect), the Supreme Court convicted a jeepney driver of theft
and not estafa when he did not return the jeepney to its owner since the motor vehicle
was in the juridical possession of its owner, although physically held by the driver. The
Court reasoned that the accused was not a lessee or hirer of the jeepney because the
Public Service Law and its regulations prohibit a motor vehicle operator from entering
into any kind of contract with any person if by the terms thereof it allows the use and
operation of all or any of his equipment under a fixed rental basis. The contract with the
accused being under the boundary system, legally, the accused was not a lessee but only
an employee of the owner. Thus, the accused’s possession of the vehicle was only an
extension of the owners.
2.2.3 Elements of Estafa under the Revised Penal Code and why Rent
Tangay Scam falls under this category
The criminal offense of estafa is is an unlawful act of a person defrauding another
by the following means:
1. By unfaithfulness or abuse of confidence;

19
PP, vs. PABLO ISAAC alias JOSE DE JESUS G.R. No. L-7561 April 30, 1955
2. By deceit;
3. By fraudulent means.
Estafa is committed by a person who defrauds another causing him to suffer
damage, by means of unfaithfulness or abuse of confidence, or of false pretense or
fraudulent acts. Basically, estafa has two requisites. These are fraud or deceit used by the
offender against the victim and as a result, the victim suffered damages or injury.
Example of this is the unlawful act Rent Tangay Scam whereby it is orchestrated
by the group of individuals who would entice its victims into entering an agreement with
the owner of a mobile vehicle to rent the same. After the conclusion of the rental
agreement, these group of individuals, with intent to gain, will pawn or sell the same to
unsuspecting buyer.
The element of Deceit or fraud is present in the case of Rent Tangay Scam
because in order to acquire the vehicle from its unsuspecting owner, the offender uses the
aforementioned elements. This is the reason why state prosecutors often file a case of
estafa against a person who commits Rent Tangay Scam simultaneously with a violation
for the Anti-Carnapping Law. The Department of Justice said that “ample evidence
showed, particularly the stipulations in the various Memorandum of Agreements
[between complainants and respondents], that complainants were given the impression
that respondent Anunciacion and her associates were engaged in a legitimate rent-a-car
business when in fact, no such kind of business has been registered under their names
with the Securities and Exchange Commission, Department of Trade and Industry, or the
Business Permits and Licensing Office, San Pedro City, Laguna.”20
2.2.4 Summary of Rent-Tangay Scam
As discussed lengthily, Rent-Tangay Scam is orchestrated by the group of
individuals who would entice its victims into entering an agreement with the owner of a
mobile vehicle to rent the same. After the conclusion of the rental agreement, these group
of individuals, with intent to gain, will pawn or sell the same to unsuspecting buyer.
Victims of the said scam is advised to file a criminal action for Estafa and Carnapping
considering that it involves the unlawful taking of the mobile vehicle by means of deceit.
It must be noted, however, that one of the elements of carnapping is unlawful
taking of vehicle without the consent of the owner. This element is not present in the case
of Rent-Tangay Scam because the consent needed to complete the transaction for the
rental of the vehicle is present. Hence, an action Estafa must be filed against the lessee of
the said mobile vehicle on the ground of fraud or deceit. As stressed by the Department
of Justice 21 , the allegation of carnapping is highly in consistent with estafa in our
jurisdiction because estafa imputes deceit while carnapping imputes violence, force and
intimidation with intend to gain.
20
Caliwan , 2018. DOJ indicts 8 persons on estafa raps over 'rent-sangla' modus. Retrieved from
http://www.pna.gov.ph/articles/1044649 . on August 28, 2018.
21
http://www.pna.gov.ph/articles/1044649 Christopher Lloyd Caliwan August 13, 2018, 3:44 pm
CHAPTER III
RESEARCH METHOD
3.1 RESEARCH DESIGN

This study used the qualitative method specifically the document analysis in
gathering and processing the research data. In the course of the study, the researcher
chose the descriptive research utilizing several sources from books, articles, journals,
magazines and house bills.
3.2 RESEARCH INSTRUMENTS

The researcher used documents, which had a bearing on this study, statistical data
that were available and relevant and document analysis.
3.3 DATA GATHERING PROCEDURE
For this study, the researcher had gone through an organized process to be able to
have accurate information.
To augment the study, statistical data were gathered from the data gathering
organizations such as Philippine National Police-Highway Patrol Group, Department of
Justice, National Bureau of Investigation, Philippine Statistics Office and other private
agencies such as news organizations. Online websites were also used to access online
publications such as journals, news articles, online researches and published theses.
CHAPTER IV
DISCUSSIONS/ ANALYSIS
4.1 How is the Rent-Tangay Scam understood? How does it operate?
Rent-Tangay is a scam orchestrated by the group of individuals who would entice
its victims into entering an agreement with the owner of a mobile vehicle to rent the
same. After the conclusion of the rental agreement, these group of individuals, with intent
to gain, will pawn or sell the same to unsuspecting buyer.
Authorities classify the said scam as a means of perpetrating a crime involving the
unlawful taking of a vehicle owned by another. While the said crime involves the
unlawful taking of a vehicle, our jurisdiction does not recognize such as carnapping.
4.2 Under the existing criminal laws, how does the law deal with the Rent-
Tangay Scam?
The DOJ recommends the filing of estafa against these persons charged
because carnapping charges is dismissible considering that the same is “highly
inconsistent with fraud or estafa”.
Under the Revised Penal Code, the elements of Estafa are the following:
1. there must be a false pretense, fraudulent act or fraudulent means;
2. such false pretense, fraudulent act or fraudulent means must be made or
executed prior to or simultaneously with the commission of the fraud;
3. the offended party must have relied on the false pretense, fraudulent act, or
fraudulent means, that is, he was induced to part with his money or property
because of the false pretense, fraudulent act, or fraudulent means; and
4. as a result thereof, the offended party suffered damage
For the successful prosecution of Carnapping as defined under Section 2 of R.A.
No. 6539, as amended, the following elements must be present:
2. the taking is without the consent of the owner or by means of violence
against or intimidation of persons or by using force upon things; and
As discussed lengthily, rent tangay scam is orchestrated by the group of individuals
who would entice its victims into entering an agreement with the owner of a mobile
vehicle to rent the same. After the conclusion of the rental agreement, these group of
individuals, with intent to gain, will pawn or sell the same to unsuspecting buyer. Victims
of the said scam is advised to file a criminal action for Estafa and Carnapping considering
that it involves the unlawful taking of the mobile vehicle by means of deceit.
It must be noted, however, that one of the elements of carnapping is unlawful taking
of vehicle without the consent of the owner. This element is not present in the case of
Rent-Tangay Scam because the consent needed to complete the transaction for the rental
of the vehicle is present. Hence, an action Estafa must be filed against the lessee of the
said mobile vehicle on the ground of fraud or deceit. As stressed by the Department of
Justice 22 , the allegation of carnapping is highly in consistent with estafa in our
jurisdiction because estafa imputes deceit while carnapping imputes violence, force and
intimidation with intend to gain.
4.3 What are the possible legal justifications so as the Rent Tangay Scam will be
included as one punishable acts under the RA 10883?
Carnapping, as described in the New Anti-Carnapping Law of the Philippines, 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.
In the United States, stealing an automobile or other vehicle, is a felony in most
states, and may be punished by imprisonment under the law on Grand Theft Auto. While
the laws in each state are different, there are some general principles that apply in every
state. Sometimes, the suspect takes the car to a “chop shop” to have the car disassembled
for money or the suspect intentionally fails to return a rental car.
To be found guilty, the prosecution must prove beyond a reasonable doubt the
following:
 A person took a vehicle owned by someone else;
22
http://www.pna.gov.ph/articles/1044649 Christopher Lloyd Caliwan August 13, 2018, 3:44 pm
 The vehicle was worth more than $950 (in most cases);
 Lack of owner’s permission to take the vehicle;
 There was an intent to deprive the owner of it permanently, or to take it
away from the owner of it for a period of time long enough that they
would be deprived of a significant portion of the value or enjoyment of it;
 The vehicle was moved (even for a very short distance) and kept it for any
period of time (even very briefly).
Rent-Tangay Scam is in the nature carnapping but with the absence of violence,
threat and intimidation. The said scam must be included as one of the punishable acts of
the New Anti-Carnapping Law since the main evil intent of its perpetrators is to gain by
permanently depriving the owner of the motor vehicle.
CHAPTER V
SUMMARY/ CONCLUSION/ RECOMMENDATION
5.1 SUMMARY
This study presented the strengthening of Republic Act No. 10883 or An Act
Providing for a New Anti-Carnapping Law of the Philippines, by including the Rent-
Tangay Scam as one of its punishable acts.
5.1.1 Carnapping and Estafa are highly inconsistent with each other
The Department of Justice stressed the allegation of estafa was “highly
inconsistent” with the crime of carnapping because estafa imputes deceit and carnapping
imputes violence, force and intimidation with intent to gain. The DOJ explained that
carnapping is akin to theft, while in estafa the respondent/accused receives the property
and converts it to his own use or benefit. 23
In People vs. Bustanera, G. R. No. 148233. June 8, 2004, the Supreme Court
discussed the difference between estafa and carnapping. It held, citing the case
People v. Lobitania, 388 SCRA 417, 432 (2002), that carnapping is essentially the
robbery or theft of a motorized vehicle. The concept of unlawful taking in theft, robbery
and carnapping being the same.The Court also held that Court held that
“The unlawful taking of motor vehicles is now covered by the anti-
carnapping law and not by the provisions on qualified theft or robbery.
23
id
There is no arguing that the anti-carnapping law is a special law,
different from the crime of robbery and theft included in the Revised Penal
Code. It particularly addresses 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. But
a careful comparison of this special law with the crimes of robbery and theft
readily reveals their common features and characteristics, to wit: unlawful
taking, intent to gain, and that personal property belonging to another is taken
without the latter's consent. However, the anti-carnapping law particularly
deals with the theft and robbery of motor vehicles. Hence a motor vehicle is
said to have been carnapped when it has been taken, with intent to gain,
without the owner's consent, whether the taking was done with or without the
use of force upon things. Without the anti-carnapping law, such unlawful
taking of a motor vehicle would fall within the purview of either theft or
robbery which was certainly the case before the enactment of said statute.”
In Santos v. People, 181 SCRA 487, 492 (1990), this Court distinguished between
theft and estafa to wit:
“Theft should not be confused with estafa. According to Chief Justice
Ramon C. Aquino in his book on the Revised Penal Code, The principal
distinction between the two crimes is that in theft the thing is taken while in
estafa the accused receives the property and converts it to his own use or
benefit. However, there may be theft even if the accused has possession of the
property. If he was entrusted only with the material or physical (natural) or de
facto possession of the thing, his misappropriation of the same constitutes
theft, but if he has the juridical possession of the thing, his conversion of the
same constitutes embezzlement or estafa. (Emphasis and underscoring
supplied; citation omitted)”
From the foregoing jurisprudence and based on the Anti-Carnapping law in effect
in our jurisdiction, Estafa and Carnapping are indeed inconsistent because of the element
of deceit. Meaning, the Rent Tangay Scam can only be covered by the law on Estafa
considering that one of its elements is deceit or fraud. The said scam cannot be put within
the ambit of the Anti-Carnapping law because the element that there must be an unlawful
taking without the consent of the owner of the vehicle is lacking.
5.2 CONCLUSION
5.2.1 Rental of a mobile vehicle without intent to return the same is considered
carnapping
The stealing an automobile or other vehicle, is a felony in most states, and may be
punished by imprisonment. While the laws in each state are different, there are some
general principles that apply in every state.24 Sometimes, the suspect takes the car to a
“chop shop” to have the car disassembled for money or the suspect intentionally fails to
return a rental car. The aforementioned unlawful act is called Grand Theft Auto in the
24
September 5, 2018
United States. The said crime includes the unlawful taking of a vehicle without the
consent of the owner. But notably, it also includes the failure of a lessee to return a rental
car within the agreed period. The latter unlawful act consummates Grand Theft Auto
regardless if the consent was present at the beginning of the contract to rent the same.
In our jurisdiction, failure to return a rented mobile vehicle under a written or
verbal contract of lease, to its owner, with the intent of selling or pawning the same to an
innocent buyer or borrower, constitutes the new scam called Rent Tangay Scam however
the said scam is not punishable under Anti-Carnapping Law.
Lawyers for Safety Commuters and Protection (LSCP), a private organization,
suggested that the Anti-Carnapping Law should be amended and that the Rent Tangay
Scam be added as one of punishable acts notwhithstanding the fact that the element of
unlawful taking without the consent of the owner is not present. However, LSCP posits
that the intent to gain by selling or pawning the said stolen vehicle to unsuspecting
customer is present. The private organization added that by including the Rent Tangay
Scam as one of its punishable acts, the law has more teeth to combat the crime of
carnapping protecting the rights over the property of vehicle owner.25
25
Dela Cruz, 2017, Batas sa CarnappingGiitAmyendahan fromhttps://www.philstar.com/pilipino-star-
ngayon/bansa/2017/09/06/1736533/batas-sa-carnapping-giit-amyendahanRetrieved on September 6,
2018
5.3 RECOMMENDATION
As lengthily discussed in this research, the researcher humbly recommends and
deems it proper that the said Rent-Tangay Scam should be included as one of the
punishable acts of the New Anti-Carnapping Law for the following reasons:
1. In Rent-Tangay scam, the element of unlawful taking without the consent
of the owner is not present. Hence, the least that a victim of Rent-Tangay
scam could file without the possibility of the same being dismiss for lack
of merit is Estafa by means of deceit. In Rent-Tangay Scam, the element
of consent from the owner of the motor vehicle is present. Simply put, the
motor vehicle of the owner enters a Contract of Lease with another
(scammer) and were it not for the said agreement, the owner of the motor
vehicle would not entrust the same to such person. As a result, the owner
of the motor vehicle is prejudice just the same.
The researcher suggests that in committing the Rent-Tangay Scam, vehicle
renter (scammer) must be presumed to have the intent to unlawfully
acquire the same and to permanently deprive the owner of the vehicle, and
thus have committed theft. And since the New Anti-Carnapping Law is a
special law, the same is a classified as mala prohibita. Mala Prohibita are
acts or omissions that are not wrong or evil in essence, but they are wrong
or evil because they are prohibited. Intent is not necessary.
In line with this, the researcher propose that, if the renter (scammer) fails
to return the vehicle within 10 days of a written demand by the owner to
do so; or if the renter uses identification with a false name, addresses, or
phone number and fails to return the vehicle within 24 hours of the
owner’s written demand.
2. The penalty of carnapping regardless of the amount of the motor vehicle
unlawfully taken is stricter than that of mere Estafa. Under the RA 10083,
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. On
the other hand, Estafa under the Revised Penal Code, is punishable by
penalty of Prision Mayor to Reclusion Temporal depending on the ground
and value of fraud involved.
Estafa in general is bailable. However, under the New Anti-Carnapping
Law, 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.
As seen in the trends in committing the Rent-Tangay Scam, this crime is
always perpetuated by groups of person, or, according to the National
Bureau of Investigator, by “criminal syndicates” .
If car owners are victimized by this scam, presently, they can only file
Estafa. The perpetrators or criminal syndicates behind this scam can only
be so prosecuted for Estafa which is bailable. Hence, after these syndicates
are released from jail, they can commit the same crime.
Considering the foregoing, the researcher proposes to lawmakers that the Rent-
Tangay Scam should be included as one of the punishable acts of the New Anti-
Carnapping Law so as to protect the life, liberty and property of our citizen from
perpetrators of this crime.
BIBLIOGRAPHY
LAWS
Republic Act No. 10883, also known as, An Act Providing for a New Anti-Carnapping
Law of the Philippines
Republic Act 6539 also known as the Anti Carnapping law of 1972,
House Bill 4544, filed on June 10, 2010
Penal Code 487(d)(1), also known as‘Grand Theft Auto’
Illinois Statutes Chapter 720.Criminal Offenses § 5/16-1
Louisiana Law, LA Rev Stat § 14:220,
California Penal Code Section 215
JURISPRUDENCE
PP, vs. PABLO ISAAC alias JOSE DE JESUS G.R. No. L-7561 April 30, 1955
ELECTRONIC SOURCES
https://psa.gov.ph/sites/default/files/2015%20PIF%20Final_%20as%20of%20022916.pdf
Felipe C. (2016) HPG warns vs “Rent Tangay” Retrieved from

https://www.philstar.com/metro/2016/09/30/1628835/hpg-warns-vs-rent-
tangay#FgPpqLWwM7TRL0Lq.99 on September 1 2018.

https://www.criminaldefenselawyer.com/crime-penalties/federal/Grand-theft-
auto.htm Retrieved on September 5, 2018

Hill, 2018 From Defenses of Grand Theft Auto https://www.greghillassociates.com/what-
is-grand-theft-auto-defenses-punishment.html. Retrieved on September 5, 2018
https://www.justia.com/criminal/offenses/theft-crimes/auto-theft/
Tipton 2018, From Grand Theft Auto https://www.legalmatch.com/law-

library/article/grand-theft-auto-lawyers.htmlSarah Tipton Retrieved September 5, 2018
Wallin, 2018 From Difference of Carjacking and Grand Theft auto

https://www.wklaw.com/whats-difference-carjacking-grand-theft-auto-pc-215-pc-487/
Retrieved on September 5, 2018
Akhbari (2018), Car Theft Laws, 2018 https://www.legalmatch.com/law-

library/article/car-theft-laws.html Retrieved on September 5, 2018 03:34 AM PDT
http://www.lawfirms.com/resources/criminal-defense/criminal-offense/grand-theft-
auto.htm
NBI investigating new modus 'rent-tangay'https://www.rappler.com/nation/161813-nbi-

investigating-modus-rent-tangayLianBuanPublished 2:37 PM, February 18, 2017
Caliwan, 2018. From DOJ indicts 8 persons on estafa raps over 'rent-sangla' modusBy
Christopher Lloyd Caliwanhttp://www.pna.gov.ph/articles/1044649. Retrieved on
September 5, 2018
Reformina, 2018, From EXCLUSIVE: DOJ recommends fraud raps vs 8 in alleged 'rent
tangay'Ina Reformina, http://news.abscbn.com/news/08/13/18/exclusive-doj-
recommends-fraud-raps-vs-8-in-alleged-rent-tangay Retrieved on September 6, 2018.
Senate of The Philippines, 17th Congress, Press Release. Poe-sponsored measure:
STIFFER ANTI-CARNAPPING LAPSES INTO LAW. Retrieved from:
http://www.senate.gov.ph/press_release/2016/0720_poe2.asp
Caliwan , 2018. DOJ indicts 8 persons on estafa raps over 'rent-sangla' modus. Retrieved
from http://www.pna.gov.ph/articles/1044649 . on August 28, 2018.

Dela Cruz, 2017, Batas sa CarnappingGiitAmyendahan

fromhttps://www.philstar.com/pilipino-star-ngayon/bansa/2017/09/06/1736533/batas-
sa-carnapping-giit-amyendahanRetrieved on September 6, 2018
APPENDICES
An Act Providing for a New Anti-Carnapping Law of the Philippines
Republic Act No. 10883
Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:
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 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.
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.
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.
Approved,
(Sgd)
(Sgd)
FELICIANO BELMONTE JR.
FRANKLIN M. DRILON
Speaker of the House of
President of the Senate
Representatives
This Act was passed by the Senate of the Philippines as Senate Bill No.
2794 on May 23, 2016 and adopted by the House of Representatives as an
amendment to House Bill No. 4544 on May 23, 2016.
(Sgd)
(Sgd)
MARILYN B. BARUA-YAP
OSCAR G. YABES
Secretary General
Secretary of the Senate
House of Representatives
BENIGNO S. AQUINO III

President of the Philippines
REPUBLIC ACT NO. 6539
AN ACT PREVENTING AND PENALIZING CARNAPPING
Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act of
1972."
Sec. 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing or
tampering with", "repainting", "body-building", "remodeling", "dismantling", and
"overhauling", as used in this Act, shall be understood, respectively, to mean
"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.
"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.
"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.
"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.
"Body-building" is a job undertaken on a motor vehicle in order to replace its entire body
with a new body.
"Remodeling" is the introduction of some changes in the shape or form of the body of the
motor vehicle.
"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.
"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.
Sec. 3. Registration of motor vehicle engine, engine block and chassis. 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 motor vehicle engine, engine block and chassis 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. Thereafter, all motor vehicle
engines, engine blocks and chassis not registered with the Land Transportation
Commission shall be considered as untaxed importation or coming from an illegal source
or carnapped, and shall be confiscated in favor of the Government.
All owners of motor vehicles in all cities and municipalities are required to register their
cars with the local police without paying any charges.
Sec. 4. Permanent registry of motor vehicle engines, engine blocks and chassis. The
Land Transportation Commission shall keep a permanent registry of motor vehicle
engines, engine blocks and chassis of all motor vehicles, specifying therein their type,
make and 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 Philippine Constabulary and all Land Transportation Commission regional, provincial
and city branch offices: Provided, That all Land Transportation Commission regional,
provincial and city branch offices are likewise obliged to furnish copies of all registration
of motor vehicles to the main office and to the Philippine Constabulary.
Sec. 5. Registration of sale, transfer, conveyance, substitution or replacement of a motor
vehicle engine, engine block or chassis. Every sale, transfer, conveyance, substitution or
replacement of a motor vehicle engine, engine block or chassis of a motor vehicle shall
be registered 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.
Sec. 6. 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 week after the completion of the
assembly or rebuilding job or the acquisition thereof from the registered owner, apply to
the Philippine Constabulary for clearance of the motor vehicle for registration with the
Land Transportation Commission. The Philippine Constabulary 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 that list, the Philippine Constabulary shall forthwith issue a certificate of
clearance. Upon presentation of the certificate of clearance from the Philippine
Constabulary and after verification of the registration of the motor vehicle engine, engine
block and chassis in the permanent registry of motor vehicle engines, engine blocks and
chassis, the Land Transportation Commission shall register the motor vehicle in
accordance with existing laws, rules and regulations.
Sec. 7. Duty of Collector of Customs to report arrival of imported motor vehicle, etc. 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 seven 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. 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.
Sec. 8. 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 his 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 were sold, and shall render an accurate
monthly report of his transactions in motor vehicles to the Land Transportation
Commission.
Sec. 9. Duty of manufacturers of engine blocks, chassis or body to cause 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 Land
Transportation Commission may direct for the purpose of uniformity and identification of
the factory and shall submit to the Land Transportation Commission a monthly report of
the manufacture and sale of engine blocks, chassis or body.
Sec. 10. 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
Philippine Constabulary: 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 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.
Sec. 11. 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 seven days
submit a report to the Philippine Constabulary on all motor vehicle, motor vehicle
engines, engine blocks, 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.
Sec. 12. 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.
Sec. 13. Penal Provisions. Any person who violates any provisions of this Act shall be
punished with imprisonment for not less than two years nor more than six years and a
fine equal in amount to 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 or 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 government 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 act shall, in addition to the penalty prescribed in
the preceding paragraph, be dismissed from the service with prejudice to his
reinstatement and with disqualification from voting or being voted for in any election and
from appointment to any public office.
Sec. 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as this
term is defined in Sec. two of this Act, shall, irrespective of the value of motor vehicle
taken, be punished by imprisonment for not less than fourteen years and eight months and
not more than seventeen years and four months, when the carnapping is committed
without violence or intimidation of persons, or force upon things; and by imprisonment
for not less than seventeen years and four months and not more than thirty years, when
the carnapping is committed by means of violence against or intimidation of any person,
or force upon things; and the penalty of life imprisonment to death shall be imposed
when the owner, driver or occupant of the carnapped motor vehicle is killed in the
commission of the carnapping.
Sec. 15. Aliens. Aliens convicted under the provisions of this Act shall be deported
immediately after service of sentence without further proceedings by the Deportation
Board.
Sec. 16. Reward. Any person who voluntarily gives information leading to the recovery
of carnapped vehicles and for the conviction of the persons charged with carnapping shall
be given as reward so much reward money as the Philippine Constabulary may fix. The
Philippine Constabulary is authorized to include in its annual budget the amount
necessary to carry out the purposes of this section. Any information given by informers
shall be treated as confidential matter.
Sec. 17. Separability clause. If any provisions of this Act is declared invalid, the
provisions thereof not affected by such declaration shall remain in force and effect.
Sec. 18. Repealing clause. All laws, executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.
Sec. 19. Effectivity. This Act shall take effect upon its approval.
Approved: August 26, 1972

San Sebastian College - Recoletos: Rent-Tangay Scam: A Grand Theft of Cars That Must Be Penalized Under Ra 10883?

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

San Sebastian College - Recoletos: Rent-Tangay Scam: A Grand Theft of Cars That Must Be Penalized Under Ra 10883?

Hochgeladen von

Copyright:

Verfügbare Formate

San Sebastian College – Recoletos

RENT-TANGAY SCAM: A GRAND THEFT OF CARS

THAT MUST BE PENALIZED UNDER RA 10883?

Presented To The College of Law

San Sebastian College-Recoletos, Manila

Of the Requirements for the Degree in Juris Doctor

Salatan, Hannalet Jemy D.

The Thesis hereto entitled:

RENT-TANGAY SCAM: A GRAND THEFT OF CARS

Prepared and submitted by HANNALET JEMY D. SALATAN in

Accepted in partial fulfillment of the requirements for the degree of

Hence, this research suggests an amendment to certain provisions of RA 10883 to

KEYWORDS: Rent-Tangay Scam, Estafa, Carnapping, Amendment

CERTIFICATE OF ORIGINALITY ___________________________________________________ - 2 -

1.1 INTRODUCTION ___________________________________________________________ - 7 -

REVIEW OF RELATED LITERATURE ______________________________________________ - 24 -

2.1 FOREIGN LITERATURE ________________________________________________________ - 24 -

RESEARCH METHOD _____________________________________________________________ - 42 -

3.1 RESEARCH DESIGN _______________________________________________________ - 42 -

DISCUSSIONS/ ANALYSIS __________________________________________________________ - 44 -

SUMMARY/ CONCLUSION/ RECOMMENDATION ___________________________________ - 48 -

5.1 SUMMARY _______________________________________________________________ - 48 -

AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING LAW OF THE PHILIPPINES

AN ACT PREVENTING AND PENALIZING CARNAPPING ____________________________ - 66 -

same to unsuspecting buyer.

Authorities, specifically the Philippine National Police-Highway Patrol Group

Victims of this Rent-Tangay Scam simultaneously file a criminal case of Estafa

violation of New Anti-Carnapping Law is always dismissed by the state prosecutors

perpetrators of the said scam

The elements of Carnapping are as follows:

1. the taking of a motor vehicle which belongs to another;

2. the taking is without the consent of the owner or by means

of violence against or intimidation of persons or by using

force upon things; and

3. the taking is done with intent to gain.

On the other hand, estafa is defined as a criminal offense wherein a person

defrauds another by the following means:

1. by unfaithfulness or abuse of confidence;

Estafa is committed by a person who defrauds another causing him to suffer

damage, by means of unfaithfulness or abuse of confidence, or of false pretense or

prior to or simultaneously with the commission of the fraud is done by:

a. Using fictitious name as means of deceit;

b. Altering quality, fineness or weight of anything pertaining to art or business;

c. By issuing unfunded checks or postdated checks;

d. Availing of services of hotel, inn, restaurants etc. without paying therefor.

According to the report 1 of Philippine Statistics Authority, there were six

means of violence against or intimidation of persons, or by using force upon things.

shall, regardless of the value of the motor vehicle taken, be

carnapping is committed without violence against or intimidation

of persons, or force upon things; and by imprisonment for not less

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 carnappedvehicle is killed or raped in the course of

the carnapping shall be denied bail when the evidence of guilt is

However, as discussed earlier, criminal cases of Carnapping filed against these

without the consent of the owner is lacking?