Penalties for the New Anti-Carnapping Act of 2016

Republic Act No. 108831 or the "New Anti-Carnapping Act of 2016" lapsed into law on July 17, 2016 without the signature of then President Benigno S. Aquino III in accordance with Article VI, Section 27 (1) of the 1987 Constitution.  It repealed Republic Act No. 6539 otherwise known as the "Anti-Carnapping Act of 1972".

anti-carnapping-law
Image grabbed from http://aboutcagayandeoro.com

As defined, 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 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. 

The penalties to be imposed are:

1.  Imprisonment for not less than 20 years and 1 day but not more than 30 years shall be imposed to any person who is found guilty of carnapping, regardless of the value of the motor vehicle taken, when the carnapping is committed without violence against or intimidation of persons, or force upon things.

2.  Imprisonment for not less than 30 years and 1 day but not more than 40 years when the carnapping is committed by means of violence against or intimidation of persons, or force upon things.

3.  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.

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