Republic Act No.
8484 February 11, 1998
AN ACT REGULATING THE ISSUANCE AND USE OF
ACCESS DEVICES, PROHIBITING FRAUDULENT
ACTS COMMITTED RELATIVE THERETO,
PROVIDING PENALTIES AND FOR OTHER
PURPOSES
Be it enacted by the Senate and House of Representatives
of the Philippines in Congress assembled::
Section 1. Short title. – This Act shall be known as the
"Access Devices Regulation Act of 1998."
Section 2. Declaration of policy. – The State
recognizes the recent advances in technology and the
widespread use of access devices in commercial
transactions. Toward this end, the State shall protect the
rights and define the liabilities of parties in such
commercial transactions by regulating the issuance and
use of access devices.
Section 3. Definition of terms. – For purposes of this
Act, the terms:
(a) Access Device – means any card, plate, code,
account number, electronic serial number,
personal identification number, or other
telecommunications service, equipment, or
instrumental identifier, or other means of
account access that can be used to obtain
money, good, services, or any other thing of
value or to initiate a transfer of funds (other than
a transfer originated solely by paper
instrument);
(b) Counterfeit Access Device – means any
access device that is counterfeit, fictitious,
altered, or forged, or an identifiable component
of an access device or counterfeit access device;
(c) Unauthorized Access Device – means any
access device that is stolen, lost, expired,
revoked, canceled, suspended, or obtained with
intent to defraud;
(d) Access Device Fraudulently Applied for –
means any access device that was applied for or
issued on account of the use of falsified
document, false information, fictitious identities
and addresses, or any form of false pretense or
misrepresentation;
(e) Consumer – means a natural person;
(f) Credit Card – means any card, plate, coupon
book, or other credit device existing for the
purpose of obtaining money, goods, property,
labor or services or any thing of value on credit;
(g) Device Making or Altering Equipment –
means any equipment, mechanism or impression
designed or primarily used for making or altering
or reencoding an access device or a counterfeit
access device;
(h) Finance Charges – represent the amount to
be paid by the debtor incident to the extension
of credit such as interest or discounts, collection
fees, credit investigation fees, and other service
charges;
(i) Open-end-credit plan – means a consumer
credit extended on an account pursuant to a plan
under which:
1
1) the creditor may permit the person
to make purchase or obtain loans, from
time to time, directly from the creditor
or indirectly by use of credit card, or
other service;
2) the person has the privilege of paying
the balance; or
3) a finance charge may be computed
by the creditor from time to time on an
unpaid balance.(j) Penalty Charges –
means such amount, in addition to
interest, imposed on the credit card
holder for non-payment of an account
within a prescribed period;
(k) Produce – includes design, alter,
authenticate, duplicate or assemble; and
(l) Trafficking – means transferring, or otherwise
disposing of, to another, or obtaining control of,
with intent to transfer or dispose of.
Section 4. Credit Card Application and Solicitation. –
Any application to open a credit card account for any
person under an open-end credit plan or a solicitation to
open such an account, either by mail, telephone or other
means, shall disclose in writing or orally, as the case may
be, the following information:
(a) Annual Percentage Rate
1) Each annual percentage rate of
interest on the amount of credit
obtained by the credit card holder under
such credit plan. Where an extension of
credit is subject to a variable rate, the
fact that the rate is variable, and the
annual percentage rate in effect at the
time of the mailing.
2) Where more than one rate applies,
the range of balances to which each rate
applies.
(b) Annual and other Fees
1) Any annual fee, other periodic fee, or
membership fee imposed for the
issuance or availability of a credit card,
including any account maintenance fee
or any other charge imposed based on
activity or inactivity for the account
during the billing cycle.
2) Any minimum finance charge
imposed for each period during which
any extension of credit which is subject
to a finance charge is outstanding.
3) Any transaction charge imposed in
connection with use of the card to
purchase goods or services.
4) Any fee, penalty or surcharge
imposed for the delay in payment of an
account.
(c) Balance Calculation Method – the name or a
detailed explanation of the balance calculation
method used in determining the balance upon
which the finance charge is computed.
(d) Cash Advance Fee – any fee imposed for an
extension of credit in the form of cash.
 (e) Over-the-Limit-Fee – any fee imposed in
connection with an extension of credit in excess
of the amount of credit authorized to be
extended with respect to such amount: Provided,
however, That in case the application or
solicitation to open a credit card account for any
person under an open-end consumer credit plan
be made through catalogs, magazines, or other
publications, the following additional information
shall be disclosed:
1) A statement, in a conspicuous and
prominent location on the application or
solicitation, that:
i) the information is accurate
as of the date the application
or solicitation was printed;
ii) the information contained in
the application or solicitation is
subject to change after such
date;
iii) the applicant should
contact the creditor for
information on any change in
the information contained in
the application or solicitation
since it was printed;
(2) The date the application or
solicitation was printed; and
(3) In a conspicuous and prominent
location on the application or
solicitation, a toll free telephone
number or mailing address which the
applicant may contact to obtain any
change in the information provided in
the application or solicitation since it
was printed.
Section 5. Computations. – In addition to the foregoing,
a credit card issuer must, to the extent practicable,
provide a detailed explanation and a clear illustration of
the manner by which all charges and fees are computed.
Section 6. Exceptions. – The disclosures required under
Section 4 of this Act may be omitted in any telephone
solicitation or application if the credit card issuer:
(a) does not impose any fee in connection with
paragraph (b)(1), Section 4 of this Act;
(b) does not impose any fee in connection with
telephone solicitation unless the consumer
signifies acceptance by using the card;
(c) discloses clearly the information described in
Section 4 of this Act in writing within thirty (30)
days after the consumer requests the card, but
in no event later than the date of delivery of the
card; and
(d) discloses clearly that the consumer is not
obligated to accept the card or account and the
consumer will not be obligated to pay any fees or
charges disclosed unless the consumer elects to
accept the card or account by using the card.
Section 7. Disclosure Prior to Renewal. – Except in
telephone solicitations a card issuer that imposes any fee
described in Section 4 shall transmit to a consumer's
credit card account a clear and conspicuous disclosure of:
2
(a) the date by which, the month by which, or
the billing period at the close of which, the
account will expire if not renewed;
(b) the information described in Section 4 which
shall be transmitted to a consumer at least thirty
(30) days prior to the scheduled renewal date of
the consumer's credit card account;
(c) the information described in Section 4 (a) (1)
which shall be transmitted to a consumer's credit
card account; and
(d) the method by which the consumer may
terminate continued credit availability under the
account: Provided, That the disclosures required
by this section must be made prior to posting a
fee described in Section 4 (b) (1) to the account,
or with the periodic billing statement first
disclosing that the fee has been posted to the
account subject to the condition that the
consumer is given thirty (30) day period to avoid
payment of the fee or to have the fee recredited
to the account in any case where the consumer
does not wish to continue the availability of the
credit.
Section 8. Failure to Disclose. – Credit card companies
which shall fail to disclose the information required under
Sections 4, 5 and 7 of this Act, after due notice and
hearing, shall be subject to suspension or cancellation of
their authority to issue credit cards by the Bangko Sentral
ng Pilipinas, Securities and Exchange Commission and
such other government agencies.
Section 9. Prohibited Acts. – The following acts shall
constitute access device fraud and are hereby declared to
be unlawful:
(a) producing, using, trafficking in one or more
counterfeit access devices;
(b) trafficking in one or more unauthorized
access devices or access devices fraudulently
applied for;
(c) using, with intent to defraud, an unauthorized
access device;
(d) using an access device fraudulently applied
for;
(e) possessing one or more counterfeit access
devices or access devices fraudulently applied
for;
(f) producing, trafficking in, having control or
custody of, or possessing device-making or
altering equipment without being in the business
or employment, which lawfully deals with the
manufacture, issuance, or distribution of such
equipment;
(g) inducing, enticing, permitting or in any
manner allowing another, for consideration or
otherwise to produce, use, traffic in counterfeit
access devices, unauthorized access devices or
access devices fraudulently applied for;
(h) multiple imprinting on more than one
transaction record, sales slip or similar
document, thereby making it appear that the
device holder has entered into a transaction
other than those which said device holder had
lawfully contracted for, or submitting, without
being an affiliated merchant, an order to collect
from the issuer of the access device, such extra
sales slip through an affiliated merchant who
 connives therewith, or, under false pretenses of
being an affiliated merchant, present for
collection such sales slips, and similar
documents;
(i) disclosing any information imprinted on the
access device, such as, but not limited to, the
account number or name or address of the
device holder, without the latter's authority or
permission;
(j) obtaining money or anything of value through
the use of an access device, with intent to
defraud or with intent to gain and fleeing
thereafter;
(k) having in one's possession, without authority
from the owner of the access device or the access
device company, an access device, or any
material, such as slips, carbon paper, or any
other medium, on which the access device is
written, printed, embossed, or otherwise
indicated;
(l) writing or causing to be written on sales slips,
approval numbers from the issuer of the access
device of the fact of approval, where in fact no
such approval was given, or where, if given, what
is written is deliberately different from the
approval actually given;
(m) making any alteration, without the access
device holder's authority, of any amount or other
information written on the sales slip;
(n) effecting transaction, with one or more
access devices issued to another person or
persons, to receive payment or any other thing
of value;
(o) without the authorization of the issuer of the
access device, soliciting a person for the purpose
of:
1) offering an access device; or
2) selling information regarding or an
application to obtain an access device;
or
(p) without the authorization of the credit card
system member or its agent, causing or
arranging for another person to present to the
member or its agent, for payment, one or more
evidence or records of transactions made by
credit card.
Section 10. Penalties. – Any person committing any of
the acts constituting access device fraud enumerated in
the immediately preceding section shall be punished with:
(a) a fine of Ten thousand pesos (P10,000.00) or
twice the value obtained by the offense,
whichever is greater and imprisonment for not
less than six (6) years and not more than ten
(10) years, in the case of an offense under
Section 9 (b)-(e), and (g)-(p) which does not
occur after a conviction for another offense under
Section 9;
(b) a fine of Ten thousand pesos (P10,000.00) or
twice the value obtained by the offense, and
imprisonment for not less than ten (10) years
and for not more than twelve (12) years, in the
case of an offense under Section 9 (a), and (f) of
the foregoing section, which does not occur after
a conviction for another offense under Section 9;
and
3
(c) a fine of Ten thousand pesos (P10,000.00) or
twice the value obtained by the offense, or
imprisonment for not less than twelve (12) years
and not more than twenty (20) years, or both, in
the case of any offense under Section 9, which
occurs after a conviction for another offense
under said subsection, or an attempt to commit
the same.
Section 11. Conspiracy to commit access device
fraud. – If two (2) or more persons conspire to commit
any of the offenses listed in Section 9 and one or more of
such persons does any act to effect the object of the
conspiracy, each of the parties to such conspiracy shall be
punished as in the case of the doing of the act, the
accomplishment of which is the object of such conspiracy.
Section 12. Frustrated and attempted access device
fraud. – Any person who performs all the acts of
execution which would produce any of the unlawful acts
enumerated in Section 9 of this Act, but which
nevertheless does not produce it by reason of causes
independent of the will of said person, shall be punished
with two-thirds (2/3) of the fine and imprisonment
provided for the consummated offenses listed in said
section. Any person who commences the commission of
any of the unlawful acts enumerated in Section 9 of this
Act directly by overt acts and does not perform all the acts
of execution which would produce the said acts by reason
of some cause or accident other than said person's own
spontaneous desistance, shall be punished with one-half
(1/2) of the fine and imprisonment provided for the
consummated offenses listed in the said section.
Section 13. Accessory to access device fraud. – Any
person who, with intent to gain for himself or for another,
buy, receives, possesses, keeps, acquires, conceals, sells,
or disposes of, shall buy and sell, or in any manner deal
in any article, item, object or anything of value which he
knows or should be known to him, to have been acquired
through the use of counterfeit access device or an
unauthorized access device or an access device known to
him to have been fraudulently applied for, shall be
considered as an accessory to an access device fraud and
shall be punished with one-half (1/2) of the fine and
imprisonment provided for the applicable consummated
offenses listed in Section 9 of this Act. Said person shall
be prosecuted under this Act or under the Anti-Fencing
Law of 1979 (Presidential Decree No. 1612) whichever
imposes the longer prison term as penalty for the
consummated offense.
Section 14. Presumption and prima facie evidence
of intent to defraud. – The mere possession, control or
custody of:
(a) an access device, without permission of the
owner or without any lawful authority;
(b) a counterfeit access device;
(c) access device fraudulently applied for;
(d) any device-making or altering equipment by
any person whose business or employment does
not lawfully deal with the manufacture, issuance,
or distribution of access device;
(e) an access device or medium on which an
access device is written, not in the ordinary
course of the possessor's trade or business; or
(f) a genuine access device, not in the name of
the possessor, or not in the ordinary course of
the possessor's trade or business, shall be prima
facie evidence that such device or equipment is
intended to be used to defraud.
A cardholder who abandons or surreptitiously leaves the
place of employment, business or residence stated in his
application or credit card, without informing the credit
card company of the place where he could actually be
found, if at the time of such abandonment or surreptitious
leaving, the outstanding and unpaid balance is past due
for at least ninety (90) days and is more than Ten
thousand pesos (P10,000.00), shall be prima facie
presumed to have used his credit card with intent to
defraud.
Section 15. Loss of access devices. – In case of loss of
an access device, the holder thereof must notify the issuer
of the access device of the details and circumstances of
such loss upon knowledge of the loss. Full compliance with
such procedure would absolve the access device holder of
any financial liability from fraudulent use of the access
device from the time the loss or theft is reported to the
issuer.
Section 16. Reporting requirements. – All companies
engaged in the business of issuing access devices,
including banks, financing companies and other financial
institutions issuing access devices, shall furnish annually,
on or before the 31st of March of the succeeding year, a
report to the Credit Card Association of the Philippines
regarding access device frauds committed against the
holders of such entities in the preceding calendar year, for
consolidation and submission to the National Bureau of
Investigation.
Notwithstanding this requirement, banks, financing
companies and other financial institutions, including their
subsidiaries and affiliates, issuing access devices shall
continue to be regulated and supervised by the Bangko
Sentral ng Pilipinas while other companies issuing access
devices shall continue to be regulated and supervised by
the Securities and Exchange Commission.
Section 17. Liability under the Revised Penal Code
and other laws. – Prosecution under this Act shall be
without prejudice to any liability for violation of any
provision of the Revised Penal Code or any other law.
Section 18. Separability clause. – If any separable
provision of this Act be declared unconstitutional, the
remaining provisions shall continue to be in force.
Section 19. Repealing clause. – Any law, presidential
decree or issuance, executive order, letter of instruction,
administrative order, rule or regulation contrary to, or
inconsistent with, the provisions of this Act is hereby
repealed, modified or amended accordingly.
Section 20. Effectivity clause. – This Act shall take
effect fifteen (15) days after its publication in at least two
(2) newspapers of general circulation.
Approved: February 11, 1998
4
Republic Act No. 9516
Amending Section 3 and 4 of PD 1866
AN ACT FURTHER AMENDING THE PROVISIONS OF
PRESIDENTIAL DECREE NO. 1866, AS AMENDED,
ENTITLED CODIFYING THE LAWS ON
ILLEGAL/UNLAWFUL POSSESSION,
MANUFACTURE, DEALING IN, ACQUISITION OR
DISPOSITION OF FIREARMS, AMMUNITION OR
EXPLOSIVES OR INSTRUMENTS USED IN THE
MANUFACTURE OF FIREARMS, AMMUNITION OR
EXPLOSIVES, AND IMPOSING STIFFER PENALTIES
FOR CERTAIN VIOLATIONS THEREOF, AND FOR
OTHER RELEVANT PURPOSES"
Section 1. Section 3 of Presidential Decree No. 1866, as
amended, is hereby further amended to read as follows:
"Section 3. Unlawful Manufacture, Sales,
Acquisition, Disposition, Importation or
Possession of an Explosive or Incendiary Device.
- The penalty of reclusion perpetua shall be
imposed upon any person who shall willfully and
unlawfully manufacture, assemble, deal in,
acquire, dispose, import or possess any
explosive or incendiary device, with knowledge
of its existence and its explosive or incendiary
character, where the explosive or incendiary
device is capable of producing destructive effect
on contiguous objects or causing injury or death
to any person, including but not limited to, hand
grenade(s), rifle grenade(s), 'pillbox bomb',
'molotov cocktail bomb', 'fire bomb', and other
similar explosive and incendiary devices.
"Provided, That mere possession of any
explosive or incendiary device shall be prima
facie evidence that the person had knowledge of
the existence and the explosive or incendiary
character of the device.
"Provided, however, That a temporary,
incidental, casual, harmless, or transient
possession or control of any explosive or
incendiary device, without the knowledge of its
existence or its explosive or incendiary
character, shall not be a violation of this Section.
"Provided, Further, That the temporary,
incidental, casual, harmless, or transient
possession or control of any explosive or
incendiary device for the sole purpose of
surrendering it to the proper authorities shall not
be a violation of this Section.
"Provided, finally, That in addition to the
instances provided in the two (2) immediately
preceeding paragraphs, the court may determine
the absence of the intent to possess, otherwise
referred to as 'animus possidendi", in accordance
with the facts and circumstances of each case
and the application of other pertinent laws,
among other things, Articles 11 and 12 of the
Revised Penal Code, as amended."
Section 2. Section 4 of Presidential Decree No. 1866, as
amended, is hereby further amended to read as follows:
"SEC 3-A. Unlawful Manufacture, Sales,
Acquisition, Disposition, Importation or
Possession of a Part, Ingredient, Machinery, Tool
or Instrument Used or Intended to be Used for
the Manufacture, Construction, Assembly,
Delivery or Detonation. - The penalty of reclusion
perpetua shall be imposed upon any person who
shall willfully and unlawfully manufacture,
assemble, deal in, acquire, dispose, import or
possess any part, ingredient, machinery, tool or
 instrument of any explosive or incendiary device,
whether chemical, mechanical, electronic,
electrical or otherwise, used or intended to be
used by that person for its manufacture,
construction, assembly, delivery or detonation,
where the explosive or incendiary device is
capable or is intended to be made capable of
producing destructive effect on contiguous
objects or causing injury or death to any person.
"Provided, That the mere possession of any part,
ingredient, machinery, tool or instrument
directly used in the manufacture, construction,
assembly, delivery or detonation of any
explosive or incendiary device, by any person
whose business activity, or employment does not
lawfully deal with the possession of such article
shall be prima facie evidence that such article is
intended to be used by that person in the
unlawful/illegal manufacture, construction,
assembly, delivery or detonation of an explosive
or incendiary device.
"Provided, however, That a temporary incidental,
casual, harmless or transient possession or
control of any part, machinery, tool or
instrument directly used in the manufacture,
construction, assembly, delivery or detonation of
any explosive or incendiary device, without the
knowledge of its existence or character as part,
ingredient, machinery, tool or instrument
directly used in the manufacture, construction,
assembly, delivery or detonation of any
explosive or incendiary device, shall not be a
violation of this Section.
"Provided, Further, That the temporary,
incidental, casual, harmless, or transient
possession or control of any part, ingredient,
machinery, tool or instrument directly used in the
manufacture, construction, assembly, delivery or
detonation of any explosive or incendiary device
for the sole purpose of surrendering it to the
proper authorities shall not be a violation of this
Section.
"Provided, finally, That in addition to the
instances provided in the two (2) immediately
preceeding paragraphs, the court may determine
the absence of the intent to possess, otherwise
referred to as 'animus possidendi', in accordance
with the facts and circumstances of each case
and the application of other pertinent laws,
among other things, Articles 11 and 12 of the
Revised Penal Code, as amended."
Section 3. Insert a new Section 3-B, 3-C, 3-D, 4, 4-A, 4-
B, 4-C, 4-D, 4-E, 4-E and 4-F in Presidential Decree No.
1866 to read as follows:
"SEC. 3-B. Penalty for the Owner, President,
Manager, Director or Other Responsible Officer of
Any Public or Private Firm, Company,
Corporation or Entity. - The penalty of reclusion
perpetua shall be imposed upon the owner,
president, manager, director or other responsible
officer of any public or private firm, company,
corporation or entity, who shall willfully or
knowingly allow any explosive or incendiary
device or parts thereof owned or controlled by
such firm, company, corporation or entity to be
used by any person or persons found guilty of
violating the provisions of the preceding
paragraphs.
"SEC. 3-C. Relationship of Other Crimes with a
Violation of this Decree and the Penalty Therefor.
- When a violation of Section 3, 3-A or 3-B of this
Decree is a necessary means for committing any
of the crimes defined in the Revised Penal Code
5
or special laws, or is in furtherance of, incident
to, in connection with, by reason of, or on
occassion of any of the crimes defined in the
Revised Penal Code or special laws, the penalty
of reclusion perpetua and a fine ranging from
One hundred Thousand pesos (P100,000.00) to
One million pesos (P1,000,000.00) shall be
imposed.
"SEC. 3-D. Former Conviction or Acquittal;
Double Jeopardy. - Subject to the provisions of
the Rules of Court on double jeopardy, if the
application thereof is more favorable to the
accused, the conviction or acquittal of the
accused or the dismissal of the case for violation
of this Decree shall be a bar to another
prosecution of the same accused for any offense
where the violation of this Decree was a
necessary means for committing the offense or
in furtherance of which, incident to which, in
connection with which, by reason of which, or on
occasion of which, the violation of this Decree
was committed, and vice versa.
"SEC. 4. Responsibility and liability of Law
Enforcement Agencies and Other Government
Officials and Employees in Testifying as
Prosecution Witnesses. - Any member of law
enforcement agencies or any other government
official and employee who, after due notice, fails
or refuses, intentionally or negligently, to appear
as a witness for the prosecution of the defense in
any proceeding, involving violations of this
Decree, without any valid reason, shall be
punished with reclusion temporal and a fine of
Five hundred Thousand pesos (P500,000.00) in
addition to the administrative liability he/she
may be meted out by his/her immediate superior
and/or appropriate body.
"The immediate superior of the member of the
law enforcement agency or any other
government employee mentioned in the
preceding paragraph shall be penalized with
prision correccional and a fine of not less than
Ten Thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from
public office if despite due notice to them and to
the witness concerned, the former does not exert
reasonable effort to present the latter to the
court.
"The member of the law enforcement agency or
any other government employee mentioned in
the preceding paragraphs shall not be
transferred or reassigned to any other
government office located in another territorial
jurisdiction during the pendency of the case in
court. However, the concerned member of the
law enforcement agency or government
employee may be transferred or reassigned for
compelling reasons: Provided, That his/her
immediate superior shall notify the court where
the case is pending of the order to transfer or
reassign, within twenty-four (24) hours from its
approval: Provided, further, That his/her
immediate superior shall be penalized with
prision correccional and a fine of not less than
Ten thousand pesos (P10,000.00) but not more
than Fifty thousand pesos (P50,000.00) and in
addition, perpetual absolute disqualification from
public office, should he/she fail to notify the court
of such order to transfer or reassign.
"Prosecution and punishment under this Section
shall be without prejudice to any liability for
violation of any existing law.
"SEC 4-A. Criminal Liability for Planting of
Evidence. - Any person who is found guilty of
 'planting' any explosive or incendiary device or
any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device,
whether chemical, mechanical, electronic,
electrical or otherwise, shall suffer the penalty of
reclusion perpetua.
"Planting of evidence shall mean the willful act
by any person of maliciously and surreptitiously
inserting, placing, adding or attaching, directly or
indirectly, through any overt or covert act,
whatever quantity of any explosive or incendiary
device or any part, ingredient, machinery, tool or
instrument of any explosive or incendiary device,
whether chemical, mechanical, electronic,
electrical or otherwise in the person, house,
effects or in the immediate vicinity of an innocent
individual for the purpose of implicating
incriminating or imputing the commission of any
violation of this Decree.
"SEC. 4-B. Continuous Trial. - In cases involving
violations of this Decree, the judge shall set the
case for continuous trial on a daily basis from
Monday to Friday or other short-term trial
calendar so as to ensure speedy trial. Such case
shall be terminated within ninety (90) days from
arraignment of the accused.
"SEC. 4-C. Authority to Import, Sell or Possess
Chemicals or Accessories for Explosives. - Only
persons or entities issued a manufacturer's
license, dealer's license or purchaser's license by
the Philippine National Police (PNP)-Firearms and
Explosives Division may import any of the
chemical or accessories that can be used in the
manufacture of explosives or explosive
ingredients from foreign suppliers, or possess or
sell them to licensed dealers or end users, as the
case may be.
"SEC. 4-D. Types of Chemicals/Accessories
Covered. - The chemicals and accessories
mentioned in the preceding Section shall
exclusively refer to chlorates, nitrates, nitric acid
and such other chemicals and accessories that
can be used for the manufacture of explosives
and explosive ingredients.
"SEC. 4-E. Record of Transactions. - Any person
or entity who intends to import, sell or possess
the aforecited chemicals or accessories shall file
an application with the chief of the PNP, stating
therein the purpose for which the license and/or
permit is sought and such other information as
may be required by the said official. The
concerned person or entity shall maintain a
permanent record of all transactions entered into
in relation with the aforecited chemicals or
accessories, which documents shall be open to
inspection by the appropriate authorities.
"SEC. 4-F. Cancellation of License. - Failure to
comply with the provision of Section 4-C, 4-D
and 4-E shall be sufficient cause for the
cancellation of the license and the confiscation of
all such chemicals or accessories, whether or not
lawfully imported, purchased or possessed by
the subject person or entity."
Sec. 4. Separability Clause. - If, for any reason, any
provision of this Act is declared to be unconstitutional or
invalid, the other Sections or provisions thereof which are
not affected thereby shall continue to be in full force and
effect.
Sec. 5. Repealing Clause. - All laws, decrees, orders,
rules and regulations or parts thereof inconsistent with the
provisions of this Act are hereby repealed, amended, or
modified accordingly.
6
Sec. 6. Effecfivity. - This Act shall take effect after
fifteen (15) days following its publication in the Official
Gazette or in two (2) newspapers of general circulation.
Approved: DEC 22, 2008
REPUBLIC ACT NO. 10883
AN ACT PROVIDING FOR A NEW ANTI-
CARNAPPING LAW OF THE PHILIPPINES
Section 1. Short Title.— This Act shall be known as the
“New Anti-Carnapping Act of 2016”.
Section 2. Definition of Terms.— As used in this Act:
(a) Body building refers to a job undertaken on a motor
vehicle in order to replace its entire body with a new body;
(b) 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;
(c) Dismantling refers to the tearing apart, piece-by-piece
or part-by-part, of a motor vehicle;
(d) 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;
(e) 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;
(f) 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;
(g) 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);
(h) Remodeling refers to the introduction of some changes
in the shape or form of the body of the motor vehicle;
(i) Second hand spare parts refer to the parts taken from
a carnapped vehicle used in assembling another vehicle;
(j) 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; and
(k) 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 3. Carnapping; Penalties.— 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.
Any person who is found guilty of carnapping shall,
regardless of the value of the motor vehicle taken, be
punished by imprisonment for not less than twenty (20)
years and one (1) day but not more than thirty (30) years,
when the carnapping is committed without violence
against or intimidation of persons, or force upon things;
and by imprisonment for not less than thirty (30) years
and one (1) day but not more than forty (40) years, when
the carnapping is committed by means of violence against
or intimidation of persons, or force upon things; and the
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.
Section 4. Concealment of Carnapping.— Any person
who conceals carnapping shall be punished with
imprisonment of six (6) years up to twelve (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; Provided, That if the person
violating any provision of this Act 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.
Any public official or employee who directly commits the
unlawful acts defined in this Act or is guilty of gross
negligence of duty or connives with or permits the
commission of any of the said unlawful acts shall, in
addition to the penalty prescribed in the preceding
paragraph, be dismissed from the service, and his/her
benefits forfeited and shall be permanently disqualified
from holding public office.
Section 5. Original Registration of Motor Vehicles.— 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. The PNP shall, upon receipt of the application, verify
if the motor vehicle or its numbered parts are in the list
of carnapped motor vehicles or stolen motor vehicle parts.
If the motor vehicle or any of its numbered parts is not in
the list, the PNP shall forthwith issue a certificate of
clearance. Upon presentation of the certificate of
clearance from the PNP and after verification of the
registration of the motor vehicle engine, engine block and
chassis in the permanent registry of motor vehicle engine,
engine block and chassis, the LTO shall register the motor
vehicle in accordance with existing laws, rules and
regulations within twenty (20) working days.
Section 6. Registration of Motor Vehicle, Motor Vehicle
Engine, Engine Block and Chassis.— Within one (1) year
upon approval of this Act, every owner or possessor of
7
unregistered motor vehicle or parts thereof in knock down
condition shall register before the LTO 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.
Section 7. 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. Copies of the registry
and of all entries made thereon shall be furnished the PNP
and all LTO regional, provincial and city branch offices:
Provided, That all LTO regional, provincial and city offices
are likewise obliged to furnish copies of all registrations of
motor vehicles to the main office and to the PNP:
Provided, Further, That the original copy of the certificate
of registration shall be given to the registered owner, the
second copy shall be retained with the LTO and the third
copy shall be submitted to the PNP. Moreover, 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 8. 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 9. Duty of Collector of Customs to Report.—
Within seven (7) days after the arrival of an imported
vehicle, motor vehicle engine, engine block, chassis or
body, the Collector of Customs of a principal port of entry
where the imported vehicle or parts enumerated above
are unloaded shall report the shipment to the LTO,
specifying the make, type and serial numbers, if any, of
the motor vehicle, motor vehicle engine, engine block,
chassis or body, and stating the names and addresses of
the owner or consignee thereof. If the motor vehicle,
motor vehicle engine, engine block, chassis or body does
not bear any serial number, the Collector of Customs
concerned shall hold the motor vehicle, motor vehicle
engine, engine block, chassis or body until it is numbered
by the LTO: Provided, That a PNP clearance shall be
required prior to engraving the engine or chassis number.
Section 10. Duty of Importers, Distributors and Sellers
of Motor Vehicles to Keep Record of Stocks.— Any person
engaged in the importation, distribution, and buying and
selling of motor vehicles, motor vehicle engines, engine
blocks, chassis or body shall keep a permanent record of
one’s stocks, stating therein their type, make and serial
numbers, and the names and addresses of the persons
from whom they were acquired and the names and
addresses of the persons to whom they are sold, and shall
render accurately a monthly report of his/her transactions
in motor vehicles to the LTO.
Section 11. Duty of Manufacturers of Engine Blocks,
Chassis or Body to Cause the Numbering of Engine Blocks,
Chassis or Body Manufactured.— Any person engaged in
the manufacture of engine blocks, chassis or body shall of this section. Any information given by informers shall
cause the numbering of every engine block, chassis or be treated as confidential matter.
body manufactured in a convenient and conspicuous part
thereof which the LTO may direct for the purpose of
Section 20. Implementing Rules and Regulations.— The
uniformity and identification of the factory and shall
PNP together with the Department of Transportation and
submit to the LTO a monthly report of the manufacture
Communications, LTO, Philippine Coast Guard, Maritime
and sale of engine blocks, chassis or body.
Industry Authority, Bureau of Customs and relevant
motorists and automotive sectors shall, within sixty (60)
Section 12. Clearance and Permit Required for Assembly days from the effectivity of this Act, after unanimous
or Rebuilding of Motor Vehicles.— Any person who shall approval, promulgate the necessary implementing rules
undertake to assemble or rebuild or cause the assembly and regulations to effectively carry out the provisions of
or rebuilding of a motor vehicle shall first secure a this Act, including the setting up of a coordinated online
certificate of clearance from the PNP: Provided, That no access and the effective clearance system mentioned in
such permit shall be issued unless the applicant shall Section 12 of this Act to expedite motor vehicle data and
present a statement under oath containing the type, make details verification.
and serial numbers of the engine, chassis and body, if
any, and the complete list of the spare parts of the motor
Section 21. Separability Clause.— If any provision of this
vehicle to be assembled or rebuilt together with the
Act is declared invalid, the remainder of this Act or any
names and addresses of the sources thereof.
provision not affected thereby shall remain in full force
and effect.
In the case of motor vehicle engines to be mounted on
motor boats, motor bancas, water crafts and other light
Section 22. Repealing Clause.— Republic Act No. 6539,
water vessels, the applicant shall secure a permit from the
otherwise known as the “Anti-Carnapping Act of 1972”, is
PNP, which office shall in turn furnish the LTO pertinent
hereby repealed. All laws, executive orders, rules and
data concerning the motor vehicle engines including their
regulations or parts thereof inconsistent with the
type, make and serial numbers.
provisions of this Act are hereby amended or repealed
accordingly.
Section 13. Clearance Required for Shipment of Motor
Vehicles, Motor Vehicle Engines, Engine Blocks, Chassis or
Section 23. Effectivity.— This Act shall take effect fifteen
Body.— The Philippine Ports Authority (PPA) shall submit
(15) days after its publication in the Official Gazette or in
a report to the PNP within seven (7) days upon boarding
two (2) newspapers of general circulation, whichever
all motor vehicles being boarded the “RORO”, ferry, boat,
comes earlier.
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 14. 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 15. 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 16. 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 17. 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 18. Foreign Nationals.— Foreign nationals

convicted under the provisions of this Act shall be
deported immediately after service of sentence without
further proceedings by the Bureau of Immigration.

Section 19. Reward.— Any person who voluntarily gives

information leading to the recovery of carnapped vehicles
and for the apprehension of the persons charged with
carnapping shall be given monetary reward as the PNP
may determine. The PNP shall include in their annual
budget the amount necessary to carry out the purposes