I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Let's take a break from the excitement of the dangerous drugs act. The deeper we go, it gets more intense.
The elements of carnapping, as mentioned in People vs. Calabroso, 340 SCRA 332, are as follows:
1.) Actual taking of the vehicle
2.) The offender intends to gain from taking the vehicle
3.) The vehicle belongs to another person, not the offender
4.) The taking was either without the owner's consent, by means of violence or intimidation or the use of force on things
The taking of a vehicle is completed the moment the carnapper is in possession of it, even if he has the opportunity to dispose of it (People vs. Ellasos, 411 Phil 139.) "Gain" doesn't necessarily mean profit; even if the taking was for a joyride it's still considered carnapping (Villacorta vs. Insurance Commission, GR 54171, October 28, 1980.)
A "motor vehicle" in RA 6539 (the Anti-Carnapping Act) limits the definition to motor-powered vehicles used on public highways. Bulldozers, graders, forklifts, street sweepers, sprinklers, amphibian trucks, road rollers, trolley cars and cranes aren't considered "motor vehicles" under RA 6539 unless they're on the highway. Trains and their trailers as well as tractors and traction engines used exclusively for agricultural purposes aren't considered "motor vehicles," but trailers for trucks and other public highway-using vehicles are considered as separate motor vehicles with no power rating. It is curious to note that a tricycle, by virtue of the definition's wording ("other than muscular power using the public highways") is considered a motor vehicle(!)
The duties imposed by RA 6539 are the following:
1.) All unregistered motor vehicles must be registered with the LTO and other pertinent government agencies.
2.) The LTO must keep a permanent registry of motor vehicle engines, engine blocks and chassis with their type, make and serial numbers as well as the names of their present and previous owners.
3.) Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or chassis shall be registered with the LTO.Unregistered vehicles and parts will not be given certificates of registration and will be considered untaxed imported vehicles or stolen or coming from illegal sources.
4.) If somebody wants a vehicle registered for the first time (original registration) he has to apply with the LTO and the NBI. If the NBI clears the application, that's a go-ahead signal to the LTO to register the vehicle.
5.) The collector of customs is required to make a report of the arrival of imported vehicles, engines, engine block chassis and bodies to the LTO. If the items in question have no serial numbers, the collector of customs will hold the items in question until they are numbered by the LTO.
6.) Importers, distributors and sellers of motor vehicles are required to keep records of their stocks, including the serial numbers and the names and addresses of those who sold the vehicles to them as well as the buyers and must submit a monthly report of their transactions to the LTO.
7.) Manufacturers are required to put serial numbers on their merchandise and submit a monthly report on their production and sales to the LTO.
8.) Anyone who wants to assemble or rebuild a motor vehicle (or cause its assembly or rebuilding) must secure a clearance certificate from the NBI. For that, he has to prepare a statement under oath containing the type, make and serial numbers of the engine, chassis and body and a complete list of spare parts as well as the names and addresses of their sources. If the vehicle is a boat or any other water-going vehicle, a permit must be secured from the coast guard as well.
9.) Inter-island shipping companies, if they're going to ship vehicles and parts, must submit a report to the NBI of such transactions within 7 days of loading. This will include serial numbers and other pertinent data.
10.) Defacing of serial numbers, whether original or registered, is prohibited.
Penalties:
1.) Carnapping itself, regardless of the vehicle's value:
a.) Without violence or intimidation -14 years and 8 months to 17 years and 4 months
b.) With violence, intimidation or force on things -17 years and 4 months to 30 years
c.) If the owner, driver occupant of the vehicle was killed when the carnapping was committed -life imprisonment
2.) Violation of other provisions: 2 to 6 years and a fine equal to the purchase price of the stolen vehicle, engine or part involved in the violation
If the offender is a government official or employee, he will also be dismissed from service and barred from running for public office. He also can't be appointed to any public office. If the offender is is a foreigner, he'll be automatically deported after serving sentence.
Anyone who volunteers information leading to the recovery of carnapped vehicles and the conviction of the perpetrators shall be given a cash reward which is to be fixed by the NBI. The information will be treated as confidential matter.
8 comments:
Sir, Good day po!
I would like to share something related to this Anti-carnapping law. There was a man named em who has a bestfriend (reg) and a friend (rey) who was the brother of his bestfriend.One night, Em bought a carnapped vehicle in the house of reg but reg didn't know that it was a carnapped.Em said it was owned by him. Reg believed him. They turned the vehicle into lowered type of motor. Afterwards, they decided to go to reg's father. That day, The mother of reg informed by someone from the brgy that it was a carnapped vehicle. Em run in order for him to not put to jail that day. Several days before he revealed. Then the owner of the carnapped vehicle try to convince Reg and rey to be the witness and they will be not accused as the suspects.. they filed a demand. Reg and rey is the witnesses.. I have some questions..
Is it take a year to process a demand? in order to have hearings? and is it ok that reg and rey take the responsibility to be the witnesses? what if they already forget the details of that event? and they will be having the hearing?
Any response regarding this matter will be highly appreciated.
Thank you,
Good Day Sir!
Ask ko lang po,yun po bang pinagbantay mo para mangalaga sa sasakyan at kinuha at hinayaan niya ay me pananagutan din?.Pwede po bang idemanda ang kumuha ng sasakyan kahit wala yung may-ari sa pamamagitan ng authorization letter?o kailangan pa ng power of attorney?.Nasa abroad po kasi ang may-ari ng sasakayang kinuha.Dapat pa bang ipagbigay alam ang pangyayari sa barangay o diretso na sa pulis?.ano po ba ang mga legal na hakbang na dapat gawin para mapanagot ang kumuha ng sasakyan?Maaari po bang i-send nyo ang mga kasagutan sa aking email address?.laaustin042000@gmail.com.Maraming salamat po.
Those questions are really good. Can you provide a link about the most
trusted law office Philippines that can help regarding carnapping matters? Thanks!
Good morning!
Pag may voluntary surrender po ba ng mortgaged car sa mortgagee because of the failure of the mortgagor to pay the the debt(as stipulated in their contract) and then ang mortgagee ginamit yung mortgaged
car without the consent of the mortgagor, may possibe carnapping po ba dun?
Good day Sir,
Wanna ask lang po kasi may sitwasyon po kami ngayon na yung may ari ng sasakyan ay nasa ibang bansa pero yung OR/CR ay nakapangalan po sa asawa ko para gamitin sa UBER tapos, yung sasakyan ginagamit sana namin pauwi ng probinsya tpos bigla nalang po kami chineck point kasi daw pinapakuha ng may.ari yung sasakyan tapos kakasuhan daw asawa ko ng carnapping pwd po ba yun?
Good day Sir,
I am conducting a research study about the new anti-carnapping law of 2016 (RA10883). could you give me some problems of the car owners or Statement of the problem and significance of the study about this law. pls. sir, you could answer me on my email jpindino@gmail.com
Hi Sir ask ko lang po if there is Attempted Carnapping?
Ako po ay may autoloan sa akin nakapangalan ako po ang nagprocess lahat ako po ang nagreceive ng car ako nakapirma sa banko, pero hindi po ako ang naghuhulog at hindi rin po ako ang nag dp,parang nag pa accommodate lang ako pero ni isang kusing wala akong hinging compensation dahil kaibigan ko po siya, dinala nia sa province ang car, at ito ay ipinasok nia sa rent a car, kaya lang po 6mos.n siyang hindi nakaKahulog at ako na ang hinahabol ng banko,at nakakareceived n ako ng demand letter from the collection agency 2x, sinabi ko po iyon sa possesor ng sasakyan itinatanggi na niya na nsa kanya ang sasakyan at ito ay itinago na niya,pwede ko ba siyang kasuhan ng carnapping dahil sa pagtatago nia ng sasakyan at di na pagbabayad ng monthly dues nito
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