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A. Anti-Carnapping Act

A. Anti-Carnapping Act

1. CONCEPTS

“Body building” – refers to a job undertaken on a motor vehicle in order to replace its entire body with a new body. (Section 2[a], R.A. 10883, New Anti-Carnapping Act of 2016)

“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. (Section 2[b], Ibid.)

“Dismantling” – refers to the tearing apart, piece-by-piece or part-by-part, of a motor vehicle. (Section 2[c], Ibid.)

“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. (Section 2[d], Ibid.)

“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. (Section 2[e], Ibid.)

“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. (Section 2[f], Ibid.)

“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) . (Section 2[g], Ibid.)

“Remodeling” – refers to the introduction of some changes in the shape or form of the body of the motor vehicle. (Section 2[h], Ibid.)

“Second hand spare parts”refer to the parts taken from a carnapped vehicle used in assembling another vehicle. (Section 2[i], Ibid.)

“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. (Section 2[j], Ibid.)

“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 2[k], Ibid.)

2. CRIMES

a. Carnapping

“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. (Section 3, Ibid.)

b. Concealment of Carnapping

Any person who conceals carnapping shall be punished under the law. (Section 4, Ibid.)

3. REGISTRATION

ORIGINAL REGISTRATION: 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. (Section 5, Ibid.)

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. (Ibid.)

KAMBAL OR DOUBLE REGISTRATION: 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 7, Ibid.)

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 8, Ibid.)

3. CLEARANCE AND PERMIT FOR ASSEMBLY OR REBUILDING

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. (Section 12, Ibid.)

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. (Paragraph 2, Section 12, Ibid.)

4. CLEARANCE 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 13, Ibid.)

5. PROHIBITED ACTIVITIES

1) 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 14, Ibid.)

2) 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 15, Ibid.)

3) 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 16, Ibid.)

4) 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 17, Ibid.)

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