Stiffer anti-carnapping law for PNoy’s approval

A bill increasing the length of imprisonment for carnapping and making it a non-bailable offense will be sent to Malacañang for President Benigno Aquino III’s signature.

An enrolled copy of the proposed “New Anti-Carnapping Act” is expected to be sent to Malacañang soon after the Senate and House of Representatives adopted the final version of the measure before adjourning sine die last June 6.

The bill, if signed into law, will repeal Republic Act 6539, otherwise known as the “The Anti-Carnapping Act of 1972.”

Under the measure, any person charged with carnapping shall be denied bail when the evidence of guilt is strong; 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.

Regardless of the value of the motor vehicle taken, a person found guilty of carnapping shall face a minimum jail sentence of 20 years and one day to 30 years when the carnapping is committed without violence against or intimidation of persons, or force upon things.

If violence is involved, the period for imprisonment will range from a minimum of 30 years to one day, to 40 years.

An individual convicted for kidnapping faces life imprisonment if the owner, driver, or occupant of the carnapped motor vehicle is killed in the commission of the crime.

Persons who violate the provisions of the proposed law and in furtherance or concealment of the crime of carnapping shall be punished with imprisonment of six years up to 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.

If the person violating any provision of the measure 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.

Public officials or employees found guilty of carnapping or of becoming an accessory to the crime shall also be dismissed from government service and permanently disqualified from holding public office.

Should the measure be passed into law, persons registering their motor vehicles will be required to apply to the Philippine National Police (PNP) for clearance of the motor vehicle for registration with the Land Transportation Office (LTO).

The PNP shall, upon receipt of the application, verify if the motor vehicle or its numbered parts are on the list of carnapped motor vehicles or stolen motor vehicle parts. A certificate of clearance will be issued if the motor vehicle or any of its numbered parts is not on the list.

The LTO shall register the motor vehicle within 20 working days if the person applying for registration is able to present a certificate of clearance from the PNP and after verification of the registration of pertinent motor vehicle parts in the permanent registry.

Every owner or possessor of an unregistered motor vehicle or parts in knockdown condition shall be required to register before the LTO, within one year upon the approval of the bill, 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. —ALG, GMA News