RA 10883: the New Anti-Carnapping Act

Under RA 10883, otherwise known as the New Anti -Carnapping Act, the length of
imprisonment imposed on a person found guilty of carnapping has been increased
20 to 30 years of jail sentence, as compared to the jail term of 14 years and eight
months to 17 years and four months under the old law.

When the crime is committed with violence, intimidation or use of force, the
imprisonment sentence is for 30 years and one day to 40 years. If the owner, driver,
occupant of the carnapped motor vehicle was killed or raped, the person found
guilty would be sentenced to life imprisonment. Meanwhile, any person involved in
the concealment of the crime of carnapping would be imprisoned from six to 12
years and fined with the acquisition cost of the motor vehicle, engine or any other
part involved in the violation.

Under RA 10883, carnapping is non -bailable if the evidence of guilt is strong.

Public officials involved in carnapping may also be dismissed from service and
ordered perpetually disqualified from public office. The law also requires those
asking for the original registration of a vehicle to apply for clearance from the
Philippine National Police and the Land Transportation Office.

ELEMENTS:

The elements of carnapping as defined and penalized under the Anti-

Carnapping Act of 1972 are the following:
1. That there is an actual taking of the vehicle;
2. That the vehicle belongs to a person other than the offender himself;
3. That the taking is without the consent of the owner thereof; or that the
taking was committed by means of violence against or intimidation of
persons, or by using force upon things; and
4. That the offender intends to gain from the taking of the vehicle.