Special Laws Robbery.docx

PRESIDENTIAL DECREE No. 1612 ANTI-FENCING LAW OF 1979 WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and private properties; WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the existence of ready buyers, commonly known as fence, of stolen properties;lawphil.net WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly; WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft. NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land the following: Section 1. Title. This decree shall be known as the Anti-Fencing Law. Section 2. Definition of Terms. The following terms shall mean as follows: (a) "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft. (b) "Fence" includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing. Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder indicated: (a) The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed. (b) The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12,000 pesos.

(c) The penalty of prision correccional in its minimum and medium periods, if the value of the property involved is more than 200 pesos but not exceeding 6,000 pesos. (d) The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property involved is over 50 pesos but not exceeding 200 pesos. (e) The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos. (f) The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos. Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm, corporation or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable. Section 5. Presumption of Fencing. Mere possession of any good, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing. Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this Act, all stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale to the public, secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated National Police shall promulgate such rules and regulations to carry out the provisions of this section. Any person who fails to secure the clearance or permit required by this section or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as a fence. lawphi1.net Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly. Section 8. Effectivity. This Decree shall take effect upon approval. Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine. RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW. Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing Law, the following rules and regulations are hereby promulgated to govern the issuance of

clearances/permits to sell used secondhand articles obtained from an unlicensed dealer or supplier thereof: I. Definition of Terms 1. "Used secondhand article" shall refer to any goods, article, item, object or anything of value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used. 2. "Unlicensed dealer/supplier" shall refer to any persons, partnership, firm, corporation, association or any other entity or establishment not licensed by the government to engage in the business of dealing in or of supplying the articles defined in the preceding paragraph. 3. "Store", "establishment" or "entity" shall be construed to include any individual dealing in the buying and selling used secondhand articles, as defined in paragraph hereof. 4. "Buy and Sell" refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to third persons. 5. "Station Commander" shall refer to the Station Commander of the Integrated National Police within the territorial limits of the town or city district where the store, establishment or entity dealing in the buying and selling of used secondhand articles is located. II. Duty to Procure Clearance or Permit 1. No person shall sell or offer to sell to the public any used secondhand article as defined herein without first securing a clearance or permit for the purpose from the proper Station Commander of the Integrated National Police. 2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association or group of individuals, the clearance or permit shall be obtained by or in the name of the president, manager or other responsible officer-in-charge thereof. 3. If a store, firm, corporation, partnership, association or other establishment or entity has a branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary for sale to the public, the said branch or subsidiary shall secure the required clearance or permit. 4. Any goods, article, item, or object or anything of value acquired from any source for which no receipt or equivalent document evidencing the legality of its acquisition could be presented by the present possessor or holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified or irregularly

obtained, shall be presumed as having been acquired from an unlicensed dealer or supplier and the possessor or holder thereof must secure the required clearance or permit before the same can be sold or offered for sale to the public. III. Procedure for Procurement of Clearances or Permits 1. The Station Commanders concerned shall require the owner of a store or the president, manager or responsible officer-in-charge of a firm, establishment or other entity located within their respective jurisdictions and in possession of or having in stock used secondhand articles as defined herein, to submit an initial affidavit within thirty (30) days from receipt of notice for the purpose thereof and subsequent affidavits once every fifteen (15) days within five (5) days after the period covered, which shall contain: (a) A complete inventory of such articles acquired daily from whatever source and the names and addresses of the persons from whom such articles were acquired. (b) A full list of articles to be sold or offered for sale as well as the place where the date when the sale or offer for sale shall commence. (c) The place where the articles are presently deposited or kept in stock. The Station Commander may, at his discretion when the circumstances of each case warrant, require that the affidavit submitted be accompanied by other documents showing proof of legitimacy of the acquisition of the articles. 2. A party required to secure a clearance or permit under these rules and regulations shall file an application therefor with the Station Commander concerned. The application shall state: (a) The name, address and other pertinent circumstances of the persons, in case of an individual or, in the case of a firm, corporation, association, partnership or other entity, the name, address and other pertinent circumstances of the president, manager or officer-in-charge. (b) The article to be sold or offered for sale to the public and the name and address of the unlicensed dealer or supplier from whom such article was acquired. In support of the application, there shall be attached to it the corresponding receipt or other equivalent document to show proof of the legitimacy of acquisition of the article. 3. The Station Commander shall examine the documents attached to the application and may require the presentation of other additional documents, if necessary, to

show satisfactory proof of the legitimacy of acquisition of the article, subject to the following conditions: (a) If the legitimacy of acquisition of any article from an unlicensed source cannot be satisfactorily established by the documents presented, the Station Commander shall, upon approval of the INP Superintendent in the district and at the expense of the party seeking the clearance/permit, cause the publication of a notice in a newspaper of general circulation for two (2) successive days enumerating therein the articles acquired from an unlicensed dealer or supplier, the names and addresses of the persons from whom they were acquired and shall state that such articles are to be sold or offered for sale to the public at the address of the store, establishment or other entity seeking the clearance/permit. In places where no newspapers are in general circulation, the party seeking the clearance or permit shall, instead, post a notice daily for one week on the bulletin board of the municipal building of the town where the store, firm, establishment or entity concerned is located or, in the case of an individual, where the articles in his possession are to be sold or offered for sale. (b) If after 15 days, upon expiration of the period of publication or of the notice referred to in the preceding paragraph, no claim is made with respect to any of the articles enumerated in the notice, the Station Commander shall issue the clearance or permit sought. (c) If, before expiration of the same period for publication of the notice or its posting, it shall appear that any of the articles in question is stolen property, the Station Commander shall hold the article in restraint as evidence in any appropriate case to be filed. Articles held in restraint shall be kept and disposed of as the circumstances of each case permit, taking into account all considerations of right and justice in the case. In any case where any article is held in restraint, it shall be the duty of the Station Commander concerned to advise/notify the Commission on Audit of the case and comply with such procedure as may be proper under applicable existing laws, rules and regulations. 4. The Station Commander concerned shall, within seventy-two (72) hours from receipt of the application, act thereon by either issuing the clearance/permit requested or denying the same. Denial of an application shall be in writing and shall state in brief the reason/s therefor.

5. The application, clearance/permit or the denial thereof, including such other documents as may be pertinent in the implementation of Section 6 of P.D. No. 1612 shall be in the forms prescribed in Annexes "A", "B", "C", "D", and "E" hereof, which are made integral parts of these rules and regulations. 6. For the issuance of clearances/permit required under Section 6 of P.D. No. 1612, no fee shall be charged. IV. Appeals Any party aggrieved by the action taken by the Station Commander may elevate the decision taken in the case to the proper INP District Superintendent and, if he is still dissatisfied therewith may take the same on appeal to the INP Director. The decision of the INP Director may also be appealed to the INP Director-General whose decision may likewise be appealed to the Minister of National Defense. The decision of the Minister of National Defense on the case shall be final. The appeal against the decision taken by a Commander lower than the INP Director-General should be filed to the next higher Commander within ten (10) days from receipt of notice of the decision. The decision of the INP Director-General should be appealed within fifteen (15) days from receipt of notice of the decision. V. Penalties 1. Any person who fails to secure the clearance or permit required by Section 6 of P.D. 1612 or who violates any of the provisions of these rules and regulations shall upon conviction be punished as a fence. 2. The INP Director-General shall recommend to the proper authority the cancellation of the business license of the erring individual, store, establishment or the entity concerned. 3. Articles obtained from unlicensed sources for sale or offered for sale without prior compliance with the provisions of Section 6 of P.D. No. 1612 and with these rules and regulations shall be held in restraint until satisfactory evidence or legitimacy of acquisition has been established. 4. Articles for which no satisfactory evidence of legitimacy of acquisition is established and which are found to be stolen property shall likewise be held under restraint and shall, furthermore, be subject to confiscation as evidence in the appropriate case to be filed. If, upon termination of the case, the same is not claimed by their legitimate owners, the article/s shall be forfeited in favor of the government and made subject to disposition as the circumstances warrant in accordance with applicable existing laws, rules and regulations. The Commission on Audit shall, in all cases, be notified.

5. Any personnel of the Integrated National Police found violating the provisions of Section 6 of P.D. No. 1612 or any of its implementing rules and regulations or who, in any manner whatsoever, connives with or through his negligence or inaction makes possible the commission of such violations by any party required to comply with the law and its implementing rules and regulations, shall be prosecuted criminally without prejudice to the imposition of administrative penalties. VI. Visitorial Power It shall be the duty of the owner of the store or of the president, manager or responsible officer-in-charge of any firm, establishment or other entity or of an individual having in his premises articles to be sold or offered for sale to the public to allow the Station Commander or his authorized representative to exercise visitorial powers. For this purpose, however, the power to conduct visitations shall be exercise only during office or business hours and upon authority in writing from and by the INP Superintendent in the district and for the sole purpose of determining whether articles are kept in possession or stock contrary to the intents of Section 6 of P.D. No. 1612 and of these rules and regulations. VII. Other Duties Imposed Upon Station Commanders and INP District Superintendent and Directors Following Action on Applications for Clearances or Permits 1. At the end of each month, it shall be the duty of the Station Commander concerned to: (a) Make and maintain a file in his office of all clearances/permit issued by him. (b) Submit a full report to the INP District Superintendent on the number of applications for clearances or permits processed by his office, indicating therein the number of clearances/permits issued and the number of applications denied. The report shall state the reasons for denial of an application and the corresponding follow-up actions taken and shall be accompanied by an inventory of the articles to be sold or offered for sale in his jurisdiction. 2. The INP District Superintendent shall, on the basis of the reports submitted by the Station Commander, in turn submit quarterly reports to the appropriate INP Director containing a consolidation of the information stated in the reports of Station Commanders in his jurisdiction. 3. Reports from INP District Superintendent shall serve as basis for a consolidated report to be submitted semi-annually by INP Directors to the Director-General, Integrated National Police.

4. In all cases, reports emanating from the different levels of the Integrated National Police shall be accompanied with full and accurate inventories of the articles acquired from unlicensed dealers or suppliers and proposed to be sold or offered for sale in the jurisdictions covered by the report. These implementing rules and regulations, having been published in a newspaper of national circulation, shall take effect on June 15, 1979. FOR THE CHIEF OF CONSTABULARY DIRECTOR-GENERAL, INP: PRESIDENTIAL DECREE No. 532 August 8, 1974 ANTI-PIRACY AND ANTI-HIGHWAY ROBBERY LAW OF 1974 WHEREAS, reports from law-enforcement agencies reveal that lawless elements are still committing acts of depredations upon the persons and properties of innocent and defenseless inhabitants who travel from one place to another, thereby distributing the peace, order and tranquility of the nation and stunting the economic and social progress of the people; WHEREAS, such acts of depredations constitute either piracy or highway robbery/brigandage which are among the highest forms of lawlessness condemned by the penal statutes of all countries; and, WHEREAS, it is imperative that said lawless elements be discouraged from perpetrating such acts of depredations by imposing heavy penalty on the offenders, with the end in view of eliminating all obstacles to the economic, social, educational and community progress of the people; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution and pursuant to proclamation No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973 and General Order No. 1, dated September 22, 1972, do hereby order and decree as part of the law of the land the following: Section 1. Title. This Decree shall be known as the Anti-Piracy and Anti-Highway Robbery Law of 1974. Section 2. Definition of Terms. The following terms shall mean and be understood, as follows: a. Philippine Waters. It shall refer to all bodies of water, such as but not limited to, seas, gulfs, bays around, between and connecting each of the Islands of the Philippine Archipelago, irrespective of its depth, breadth, length or dimension, and all other waters belonging to the Philippines by historic or legal title, including

territorial sea, the sea-bed, the insular shelves, and other submarine areas over which the Philippines has sovereignty or jurisdiction. b. Vessel. Any vessel or watercraft used for transport of passengers and cargo from one place to another through Philippine Waters. It shall include all kinds and types of vessels or boats used in fishing. c. Philippine Highway. It shall refer to any road, street, passage, highway and bridges or other parts thereof, or railway or railroad within the Philippines used by persons, or vehicles, or locomotives or trains for the movement or circulation of persons or transportation of goods, articles, or property or both. d. Piracy. Any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person, including a passenger or member of the complement of said vessel, in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates and punished as hereinafter provided. e. Highway Robbery/Brigandage. The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of person or force upon things of other unlawful means, committed by any person on any Philippine Highway. Section 3. Penalties. Any person who commits piracy or highway robbery/brigandage as herein defined, shall, upon conviction by competents court be punished by: a. Piracy. The penalty of reclusion temporal in its medium and maximum periods shall be imposed. If physical injuries or other crimes are committed as a result or on the occasion thereof, the penalty of reclusion perpetua shall be imposed. If rape, murder or homicide is committed as a result or on the occasion of piracy, or when the offenders abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel, the mandatory penalty of death shall be imposed. b. Highway Robbery/Brigandage. The penalty of reclusion temporal in its minimum period shall be imposed. If physical injuries or other crimes are committed during or on the occasion of the commission of robbery or brigandage, the penalty of reclusion temporal in its medium and maximum periods shall be imposed. If kidnapping for ransom or extortion, or murder or homicide, or rape is committed as a result or on the occasion thereof, the penalty of death shall be imposed.

Section 4. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage. Any person who knowingly and in any manner aids or protects pirates or highway robbers/brigands, such as giving them information about the movement of police or other peace officers of the government, or acquires or receives property taken by such pirates or brigands or in any manner derives any benefit therefrom; or any person who directly or indirectly abets the commission of piracy or highway robbery or brigandage, shall be considered as an accomplice of the principal offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code. It shall be presumed that any person who does any of the acts provided in this Section has performed knowingly, unless the contrary is proven. Section 5. Repealing Clause. Pertinent portions of Act No. 3815, otherwise known as the Revised Penal Code; and all laws, decrees, or orders or instructions, or parts thereof, insofar as they are inconsistent with this Decree are hereby repealed or modified accordingly. Section 6. Effectivity. This Decree shall take effect upon approval. Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-four. PRESIDENTIAL DECREE No. 533 August 8, 1974 THE ANTI-CATTLE RUSTLING LAW OF 1974 WHEREAS, large cattle are indispensable to the livelihood and economic growth of our people, particularly the agricultural workers, because such large cattle are the work animals of our farmers and the source of fresh meat and dairy products for our people, and provide raw material for our tanning and canning industries; WHEREAS, reports from the law-enforcement agencies reveal that there is a resurgence of thievery of large cattle, commonly known as "cattle rustling", especially in the rural areas, thereby directly prejudicing the livelihood of the agricultural workers and adversely affecting our food production program for self-sufficiency in rice, corn and other staple crops, as well as in fresh meat; WHEREAS, there is an urgent need to protect large cattle raising industry and small time large cattle owners and raisers from the nefarious activities of lawless elements in order to encourage our hardworking cattle raisers and farmers to raise more cattle and concentrate in their agricultural works, thus increasing our source of meat and dairy products as well as agricultural production and allied industries which depend on the cattle raising industry; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of the Philippines, by virtue of the powers vested in me by the Constitution and pursuant to Proclamations No. 1081, dated September 21, 1972 and No. 1104, dated January 17, 1973 and General Order

No. 1 dated September 22, 1972, do hereby order and decree as part of the law of the land, the following: Section 1. Title. This Decree shall be known as the "Anti-Cattle Rustling Law of 1974." Section 2. Definition of terms. The following terms shall mean and be understood to be as herein defined: a. Large cattle as herein used shall include the cow, carabao, horse, mule, ass, or other domesticated member of the bovine family. b. Owner/raiser shall include the herdsman, caretaker, employee or tenant of any firm or entity engaged in the raising of large cattle or other persons in lawful possession of such large cattle. c. Cattle rustling is the taking away by any means, method or scheme, without the consent of the owner/raiser, of any of the above-mentioned animals whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of the owner/raiser. Section 3. Duty of owner/raiser to register. The owner/raiser shall, before the large cattle belonging to him shall attain the age of six months, register the same with the office of the city/municipal treasurer where such large cattle are raised. The city/municipality concerned may impose and collect the fees authorized by existing laws for such registration and the issuance of a certificate of ownership to the owner/raiser. Section 4. Duty of city/municipal treasurers and other concerned public officers and employees. All public officials and employees concerned with the registration of large cattle are required to observe strict adherence with pertinent provisions of Chapter 22, Section 511 to 534, of the Revised Administrative Code, except insofar as they may be inconsistent with the provisions of this Decree. Section 5. Permit to buy and sell large cattle. No person, partnership, association, corporation or entity shall engage in the business of buy and sell of large cattle without first securing a permit for the said purpose from the Provincial Commander of the province where it shall conduct such business and the city/municipal treasurer of the place of residence of such person, partnership, association, corporation or entity. The permit shall only be valid in such province. Section 6. Clearance for shipment of large cattle. Any person, partnership, association, corporation or entity desiring to ship or transport large cattle, its hides, or meat, from one province to another shall secure a permit for such purpose from the Provincial Commander of the province where the large cattle is registered. Before issuance of the permit herein

prescribed, the Provincial Commander shall require the submission of the certificate of ownership as prescribed in Section 3 hereof, a certification from the Provincial Veterinarian to the effect that such large cattle, hides or meat are free from any disease; and such other documents or records as may be necessary. Shipment of large cattle, its hides or meat from one city/municipality to another within the same province may be done upon securing permit from the city/municipal treasurer of the place of origin. Section 7. Presumption of cattle rustling. Every person having in his possession, control or custody of large cattle shall, upon demand by competent authorities, exhibit the documents prescribed in the preceding sections. Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his possession, control or custody are the fruits of the crime of cattle rustling. Section 8. Penal provisions. Any person convicted of cattle rustling as herein defined shall, irrespective of the value of the large cattle involved, be punished by prision mayor in its maximum period to reclusion temporal in its medium period if the offense is committed without violence against or intimidation of persons or force upon things. If the offense is committed with violence against or intimidation of persons or force upon things, the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed. If a person is seriously injured or killed as a result or on the occasion of the commission of cattle rustling, the penalty of reclusion perpetua to death shall be imposed. When the offender is a government official or employee, he shall, in addition to the foregoing penalty, be disqualified from voting or being voted upon in any election/referendum and from holding any public office or employment. When the offender is an alien, he shall be deported immediately upon the completion of the service of his sentence without further proceedings. Section 9. Rules and Regulations to be promulgated by the Chief of Constabulary. The chief of Constabulary shall promulgate the rules and regulations for the effective implementation of this Decree. Section 10. Repealing clause. The provisions of Articles 309 and 310 of Act No. 3815, otherwise known as the Revised Penal Code, as amended, all laws, decrees, orders, instructions, rules and regulations which are inconsistent with this Decree are hereby repealed or modified accordingly. Section 11. Effectivity. This Decree shall take effect upon approval. Done in the City of Manila, this 8th day of August, in the year of Our Lord, nineteen hundred and seventy-four. 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." Section 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.lawphi1™ "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.lawphi1™ "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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. Section 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. 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, 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. Section 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. Section 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. Section 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. Section 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. Section 19. Effectivity. This Act shall take effect upon its approval. Approved: August 26, 1972 egun and held in Metro Manila, on Monday, the twenty-seventh day of July, two thousand fifteen. 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 nonexisting 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 “AntiCarnapping 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.