Anti-Carnapping Act of 1972 (R.

A 6539)

What is 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. Mala prohibitum Special Complex Crime

Coverage / Extent

"Motor vehicle" is any vehicle propelled by any power other than muscular power using the public highways. Excepted Vehicles - 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.

Included Vehicles - 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. Tricycle,

Is a motorized vehicle like tricycle within the coverage of the law?

Yes. The severity of the offense is not measured by what kind of streets or highway the same is used; but by the very nature of the vehicle itself and the use to which it is devoted. ( Izon and Milla, GR No. L-51370, August 31, 1981 )

Elements
1. That there is an actual taking of the motor vehicle 2. That the offender intends to gain from the taking of the vehicle; 3. That the vehicle belongs to a person other than the offender himself;

4. 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

That there is an actual taking of the motor vehicle

a.) 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. - any vehicle which is motorized using the streets which are public, not exclusively for private use, comes within the concept of motor vehicle Public Highway free and public roadway or street. Highway are always public, free for the use of every person.

Excepted Vehicles - 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. Included Vehicles - 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. Tricycle,

In People vs. Lallave, CA OG 3192 the motor vehicle referred to in Article 310 of the Revised Penal Code (qualified theft of motor vehicle) requires and includes all self-propelled vehicles, including motorized bicycles even if also provided with foot pedals. In Izon and Milla, supra, going over the enumerations of excepted vehicle, it would readily be noted that any vehicle which is motorized suing the streets which are public, not exclusively for private use, comes within the concept of motor vehicle. A tricycle which is not included in the exception, is thus deemed to be that kind of motor vehicle as defined in the law the stealing of which comes within its penal sanction.

b.) Taking unlawful taking is the taking of a vehicle without the consent of the owner, or by means of violence against or intimidation of persons, or by using force upon things; it is deemed complete from the moment the offender gains possession of the things; even if he has no opportunity to dispose of the same. Commom Features and Characteristics of Theft, Robbery and Carnapping are: Unlawful Taking Intent to gain Personal property belonging to another is taken without the latters consent

Felonious Taking- the act of depriving another of the possession and dominion of movable property without his privity and consent and without animus revertendi An unlawful taking takes place when the owner or juridical possessor: 1.] does not give his consent to the taking; 2.] if the consent was given, it was vitiated; or 3.] an act by the receiver soon after the actual transfer of possession constitutes unlawful taking.

That the offender intends to gain from the taking of the vehicle

Intent to gain or animus lucrandi, as an element of the crime of carnapping, is internal act and hence presumed from the unlawful taking of the vehicle. Actual gain is irrelevant as the important consideration is the intent to gain The term gain is not merely limited to pecuniary benefit but also includes the benefit which in any other sense may be derived or expected from the act which is performed

That the vehicle belongs to a person other than the offender himself

No. it is not necessary that the person unlawfully divested of the personal property be the owner thereof. What is simply required is that the property taken does not belong to the offender. Actual possession of the property by the person dispossessed suffices. See People vs. Garcia, GR No. 138470, April 1, 2003

Is there a complex crime of carnapping with homicide, murder, physical injuries or any other common crime?

No. it is not a complex crime because it is a malum prohibitum. Instead, it is a special complex crime by analogy to robbery with violence against or intimidation of persons under Article 294 of the Revised Penal Code. The killing or rape merely qualifies the crime of carnapping. considering the phraseology of the amended Section 14, the carnapping and the killing or the rape may be considered a single or indivisible crime or special complex crime which however is not covered by Art. 48 of the Code. (People v. Mejia, G.R. Nos. 118940-411, July 7, 1997)

Elements of Qualified Carnapping

That the offender carnaps a motor vehicle a. there is an actual taking of the vehicle b. that the offender intends to gain from the taking of the vehicle c. that the vehicle belongs to a person other than the offender himself d. taking is without consent of the owner thereof: or that the taking was committed by means of violence or intimidation of persons, or by using force upon things. The original design of the offender is carnapping The offender kills or rapes the owner, driver or occupant of the carnapped motor vehicle The killing or rape is perpetrated in the course of the commission of the carnapping or on the occasion

Impossible Penalties

The law, as amended, provides for the following penalties: 1. For carnapping: a. Without violence or intimidation of persons or force upon things 14 years and 8 months to 17 years and 4 months; b. By means of violence or intimidation of persons or force upon things 17 years and 4 months to 30 years; and c. Special complex crime of carnapping with homicide or rape reclusion perpetua [to death]

For violations of other provisions of the lawimprisonment of 2 to 6 years plus fine equal to the acquisition cost of the vehicle
For Qualified Carnapping- regardless of the attending aggravating and mitigating circumstances is Reclusion Perpetua