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Qualified Car Theft

Primary Sources

Art. 310. Qualified theft. — The crime of theft shall be punished by the penalties next
higher by two degrees than those respectively specified in the next preceding article, if
committed by a domestic servant, or with grave abuse of confidence, or if the property
stolen is motor vehicle, mail matter or large cattle or consists of coconuts taken from the
premises of the plantation or fish taken from a fishpond or fishery, or if property is
taken on the occasion of fire, earthquake, typhoon, volcanic erruption, or any other
calamity, vehicular accident or civil disturbance. (As amended by R.A. 120 and B.P. Blg.
71. May 1, 1980).

An Act Revising the Penal Code and Other Penal Laws [REVISED PENAL CODE], Act No.
3815, art. 310 (1932).

REPUBLIC ACT No. 6539


AN ACT PREVENTING AND PENALIZING CARNAPPING

Section 1. This Act shall be known and may be cited as the "Anti-Carnapping Act of
1972."

Section 2. Definition of terms. The terms "carnapping", "motor vehicle", "defacing or


tampering with", "repainting", "body-building", "remodeling", "dismantling", and
"overhauling", as used in this Act, shall be understood, respectively, to mean

"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" 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.lawphi1™
"Defacing or tampering with" a serial number is the erasing, scratching, altering or
changing 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 motor engine, engine block or chassis which is different
from that which is listed in the records of the Bureau of Customs for motor vehicles
imported into the Philippines, that motor vehicle shall be considered to have a defaced
or tampered with serial number.

"Repainting" is changing the color of a motor vehicle by means of painting. There is


repainting whenever the new color of a motor vehicle is different from its color as
registered in the Land Transportation Commission.

"Body-building" is a job undertaken on a motor vehicle in order to replace its entire


body with a new body.

"Remodeling" is the introduction of some changes in the shape or form of the body of
the motor vehicle.lawphi1™

"Dismantling" is the tearing apart, piece by piece or part by part, of a motor vehicle.

"Overhauling" is 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 3. Registration of motor vehicle engine, engine block and chassis. Within one
year after the approval of this Act, every owner or possessor of unregistered motor
vehicle or parts thereof in knock down condition shall register with the Land
Transportation Commission the motor vehicle engine, engine block and chassis in his
name 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 or chassis. Thereafter, all
motor vehicle engines, engine blocks and chassis not registered with the Land
Transportation Commission shall be considered as untaxed importation or coming from
an illegal source or carnapped, and shall be confiscated in favor of the Government.

All owners of motor vehicles in all cities and municipalities are required to register their
cars with the local police without paying any charges.

Section 4. Permanent registry of motor vehicle engines, engine blocks and chassis. The
Land Transportation Commission shall keep a permanent registry of motor vehicle
engines, engine blocks and chassis of all motor vehicles, specifying therein their type,
make and 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 Philippine Constabulary and all Land Transportation Commission
regional, provincial and city branch offices: Provided, That all Land Transportation
Commission regional, provincial and city branch offices are likewise obliged to furnish
copies of all registration of motor vehicles to the main office and to the Philippine
Constabulary.

Section 5. Registration of sale, transfer, conveyance, substitution or replacement of a


motor vehicle engine, engine block or chassis. Every sale, transfer, conveyance,
substitution or replacement of a motor vehicle engine, engine block or chassis of a
motor vehicle shall be registered with the Land Transportation Commission. Motor
vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines,
engine blocks and chassis not registered with the Land Transportation Commission
shall not be issued certificates of registration and shall be considered as untaxed
imported motor vehicles or motor vehicles carnapped or proceeding from illegal
sources.

Section 6. 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 week after the completion
of the assembly or rebuilding job or the acquisition thereof from the registered owner,
apply to the Philippine Constabulary for clearance of the motor vehicle for registration
with the Land Transportation Commission. The Philippine Constabulary 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 that list, the Philippine Constabulary shall forthwith issue a
certificate of clearance. Upon presentation of the certificate of clearance from the
Philippine Constabulary and after verification of the registration of the motor vehicle
engine, engine block and chassis in the permanent registry of motor vehicle engines,
engine blocks and chassis, the Land Transportation Commission shall register the motor
vehicle in accordance with existing laws, rules and regulations.

Section 7. Duty of Collector of Customs to report arrival of imported motor vehicle, etc.
The Collector of Customs of a principal port of entry where an imported motor vehicle,
motor vehicle engine, engine block chassis or body is unloaded, shall, within seven
days after the arrival of the imported motor vehicle or any of its parts enumerated
herein, make a report of the shipment to the Land Transportation Commission,
specifying the make, type and serial numbers, if any, of the motor vehicle engine,
engine block and chassis or body, and stating the names and addresses of the owner or
consignee thereof. If the motor vehicle engine, engine block, chassis or body does not
bear any serial number, the Collector of Customs concerned shall hold the motor
vehicle engine, engine block, chassis or body until it is numbered by the Land
Transportation Commission.

Section 8. 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 his 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 were sold, and shall render an accurate
monthly report of his transactions in motor vehicles to the Land Transportation
Commission.

Section 9. Duty of manufacturers of engine blocks, chassis or body to cause numbering


of engine blocks, chassis or body manufactured. Any person engaged in the
manufacture of engine blocks, chassis or body shall cause the numbering of every
engine block, chassis or body manufactured in a convenient and conspicuous part
thereof which the Land Transportation Commission may direct for the purpose of
uniformity and identification of the factory and shall submit to the Land Transportation
Commission a monthly report of the manufacture and sale of engine blocks, chassis or
body.

Section 10. Clearance and permit required for assembly or rebuilding of motor vehicles.
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
Philippine Constabulary: 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.

In the case of motor vehicle engines to be mounted on motor boats, motor bancas and
other light water vessels, the applicant shall secure a permit from the Philippine Coast
Guard, which office shall in turn furnish the Land Transportation Commission the
pertinent data concerning the motor vehicle engines including their type, make and
serial numbers.

Section 11. Clearance required for shipment of motor vehicles, motor vehicle engines,
engine blocks, chassis or body. Any person who owns or operates inter-island shipping
or any water transportation with launches, boats, vessels or ships shall within seven
days submit a report to the Philippine Constabulary on all motor vehicle, motor vehicle
engines, engine blocks, chassis or bodies transported by it for the motor vehicle, motor
vehicle engine, engine block, chassis or body to be loaded on board the launch, boat
vessel or ship.

Section 12. 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 13. Penal Provisions. Any person who violates any provisions of this Act shall
be punished with imprisonment for not less than two years nor more than six years and
a fine equal in amount to 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 or 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 government 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 act shall, in addition to the penalty prescribed
in the preceding paragraph, be dismissed from the service with prejudice to his
reinstatement and with disqualification from voting or being voted for in any election
and from appointment to any public office.

Section 14. Penalty for Carnapping. Any person who is found guilty of carnapping, as
this term is defined in Section two of this Act, shall, irrespective of the value of motor
vehicle taken, be punished by imprisonment for not less than fourteen years and eight
months and not more than seventeen years and four months, when the carnapping is
committed without violence or intimidation of persons, or force upon things; and by
imprisonment for not less than seventeen years and four months and not more than
thirty years, when the carnapping is committed by means of violence against or
intimidation of any person, or force upon things; and the penalty of life imprisonment
to death shall be imposed when the owner, driver or occupant of the carnapped motor
vehicle is killed in the commission of the carnapping.

Section 15. Aliens. Aliens convicted under the provisions of this Act shall be deported
immediately after service of sentence without further proceedings by the Deportation
Board.

Section 16. Reward. Any person who voluntarily gives information leading to the
recovery of carnapped vehicles and for the conviction of the persons charged with
carnapping shall be given as reward so much reward money as the Philippine
Constabulary may fix. The Philippine Constabulary is authorized to include in its
annual budget the amount necessary to carry out the purposes of this section. Any
information given by informers shall be treated as confidential matter.

Section 17. Separability clause. If any provisions of this Act is declared invalid, the
provisions thereof not affected by such declaration shall remain in force and effect.
Section 18. Repealing clause. All laws, executive orders, rules and regulations, or parts
thereof, inconsistent with the provisions of this Act are hereby repealed or amended
accordingly.

Section 19. Effectivity. This Act shall take effect upon its approval.
Approved: August 26, 1972

An Act Preventing and Penalizing Carnapping [Anti-Carnapping Act of 1972], Republic


Act No. 6539, § _ (1972).

An Act Providing for a New Anti-Carnapping Law of the Philippines [New Anti-
Carnapping Act of 2016], Republic Act No. 10883, § _ (2016).

Republic of the Philippines

Congress of the Philippines

Metro Manila

Sixteenth Congress

Third Regular Session

Begun and held in Metro Manila, on Monday, the twenty-seventh day of July, two
thousand fifteen.

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 “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
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 cause the numbering of every
engine block, chassis or body manufactured in a convenient and conspicuous part
thereof which the LTO may direct for the purpose of uniformity and identification of
the factory and shall submit to the LTO a monthly report of the manufacture and sale of
engine blocks, chassis or body.

Section 12. Clearance and Permit Required for Assembly or Rebuilding of Motor
Vehicles.— 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.

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.
Section 13. Clearance Required 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 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 of this
section. Any information given by informers shall be treated as confidential matter.

Section 20. Implementing Rules and Regulations.— The PNP together with the
Department of Transportation and Communications, LTO, Philippine Coast Guard,
Maritime Industry Authority, Bureau of Customs and relevant motorists and
automotive sectors shall, within sixty (60) days from the effectivity of this Act, after
unanimous approval, promulgate the necessary implementing rules and regulations to
effectively carry out the provisions of this Act, including the setting up of a coordinated
online access and the effective clearance system mentioned in Section 12 of this Act to
expedite motor vehicle data and details verification.

Section 21. Separability Clause.— If any provision of this Act is declared invalid, the
remainder of this Act or any provision not affected thereby shall remain in full force
and effect.

Section 22. Repealing Clause.— Republic Act No. 6539, otherwise known as the “Anti-
Carnapping Act of 1972”, is hereby repealed. All laws, executive orders, rules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
amended or repealed accordingly.

Section 23. Effectivity.— This Act shall take effect fifteen (15) days after its publication
in the Official Gazette or in two (2) newspapers of general circulation, whichever comes
earlier.

Secondary Sources

LUIS B. REYES, THE REVISED PENAL CODE BOOK TWO 752 (17th ed.).

Theft is qualified -

1. If theft is committed by a domestic servant


2. If committed with grave abuse of confidence
3. If the property stolen is a motor vehicle, mail matter, or large cattle
4. If the property stolen consists of coconuts taken from the premises of plantation
5. If the property stolen is fish taken from a fishpond or fishery
6. If property is taken on the occasion of fire, earthquake, typhoon, volcanic
eruption, or any other calamity, vehicular accident or civil disturbance

LUIS B. REYES, THE REVISED PENAL CODE BOOK TWO 756 (17th ed.).

When the accused considered the deed of sale a sham and he had intent to gain, his
absconding with the jeep is qualified theft.

LUIS B. REYES, THE REVISED PENAL CODE BOOK TWO 758 (17th ed.).

The unlawful taking of motor vehicles is now covered by the anti-carnapping law, and
not by the provisions on qualified theft or robbery.

A motor vehicle is said to have been carnapped when it has been taken, with intent to
gain, without the owner's consent, whether the taking was done with or without the use
of force upon things. Without the anti-carnapping law, such unlawful taking of a motor
vehicle would fall within the purview of either theft or robbery which was certainly the
case before the enactment of said statute in People vs Lobitania Case (People vs.
Lobitania, 388 SCRA 417, 432 (2002).)

Estafa

Primary Sources

An Act Revising the Penal Code and Other Penal Laws [REVISED PENAL CODE], Act
No. 3815, art. 315 (1932).

Subsequent: REVISED PENAL CODE, arts. 315-317.

Article 315. Swindling (estafa). - Any person who shall defraud another by any of the
means mentioned hereinbelow shall be punished by:

1st. The penalty of prision correccional in its maximum period to prision mayor in its
minimum period, if the amount of the fraud is over 12,000 pesos but does not exceed
22,000 pesos, and if such amount exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year for each additional
10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years.
In such cases, and in connection with the accessory penalties which may be imposed
under the provisions of this Code, the penalty shall be termed prision mayor or
reclusion temporal, as the case may be.

2nd. The penalty of prision correccional in its minimum and medium periods, if the
amount of the fraud is over 6,000 pesos but does not exceed 12,000 pesos;

3rd. The penalty of arresto mayor in its maximum period to prision correccional in its
minimum period if such amount is over 200 pesos but does not exceed 6,000 pesos; and

4th. By arresto mayor in its maximum period, if such amount does not exceed 200
pesos, provided that in the four cases mentioned, the fraud be committed by any of the
following means:

1. With unfaithfulness or abuse of confidence, namely:

(a) By altering the substance, quantity, or quality or anything of value which the
offender shall deliver by virtue of an obligation to do so, even though such obligation
be based on an immoral or illegal consideration.

(b) By misappropriating or converting, to the prejudice of another, money, goods, or


any other personal property received by the offender in trust or on commission, or for
administration, or under any other obligation involving the duty to make delivery of or
to return the same, even though such obligation be totally or partially guaranteed by a
bond; or by denying having received such money, goods, or other property.

(c) By taking undue advantage of the signature of the offended party in blank, and by
writing any document above such signature in blank, to the prejudice of the offended
party or of any third person.
2. By means of any of the following false pretenses or fraudulent acts executed prior to
or simultaneously with the commission of the fraud:

(a) By using fictitious name, or falsely pretending to possess power, influence,


qualifications, property, credit, agency, business or imaginary transactions, or by means
of other similar deceits.

(b) By altering the quality, fineness or weight of anything pertaining to his art or
business.

(c) By pretending to have bribed any Government employee, without prejudice to the
action for calumny which the offended party may deem proper to bring against the
offender. In this case, the offender shall be punished by the maximum period of the
penalty.

(d) By post-dating a check, or issuing a check in payment of an obligation when the


offender therein were not sufficient to cover the amount of the check. The failure of the
drawer of the check to deposit the amount necessary to cover his check within three (3)
days from receipt of notice from the bank and/or the payee or holder that said check
has been dishonored for lack of insufficiency of funds shall be prima facie evidence of
deceit constituting false pretense or fraudulent act. (As amended by R.A. 4885,
approved June 17, 1967.)

(e) By obtaining any food, refreshment or accommodation at a hotel, inn, restaurant,


boarding house, lodging house, or apartment house and the like without paying
therefor, with intent to defraud the proprietor or manager thereof, or by obtaining
credit at hotel, inn, restaurant, boarding house, lodging house, or apartment house by
the use of any false pretense, or by abandoning or surreptitiously removing any part of
his baggage from a hotel, inn, restaurant, boarding house, lodging house or apartment
house after obtaining credit, food, refreshment or accommodation therein without
paying for his food, refreshment or accommodation.

3. Through any of the following fraudulent means:


(a) By inducing another, by means of deceit, to sign any document.

(b) By resorting to some fraudulent practice to insure success in a gambling game.

(c) By removing, concealing or destroying, in whole or in part, any court record, office
files, document or any other papers.

Article 316. Other forms of swindling. - The penalty of arresto mayor in its minimum
and medium period and a fine of not less than the value of the damage caused and not
more than three times such value, shall be imposed upon:

1. Any person who, pretending to be owner of any real property, shall convey, sell,
encumber or mortgage the same.

2. Any person, who, knowing that real property is encumbered, shall dispose of the
same, although such encumbrance be not recorded.

3. The owner of any personal property who shall wrongfully take it from its lawful
possessor, to the prejudice of the latter or any third person.

4. Any person who, to the prejudice of another, shall execute any fictitious contract.

5. Any person who shall accept any compensation given him under the belief that it was
in payment of services rendered or labor performed by him, when in fact he did not
actually perform such services or labor.

6. Any person who, while being a surety in a bond given in a criminal or civil action,
without express authority from the court or before the cancellation of his bond or before
being relieved from the obligation contracted by him, shall sell, mortgage, or, in any
other manner, encumber the real property or properties with which he guaranteed the
fulfillment of such obligation.
Article 317. Swindling a minor. - Any person who taking advantage of the inexperience
or emotions or feelings of a minor, to his detriment, shall induce him to assume any
obligation or to give any release or execute a transfer of any property right in
consideration of some loan of money, credit or other personal property, whether the
loan clearly appears in the document or is shown in any other form, shall suffer the
penalty of arresto mayor and a fine of a sum ranging from 10 to 50 per cent of the value
of the obligation contracted by the minor.

Article 318. Other deceits. - The penalty of arresto mayor and a fine of not less than the
amount of the damage caused and not more than twice such amount shall be imposed
upon any person who shall defraud or damage another by any other deceit not
mentioned in the preceding articles of this chapter.

Any person who, for profit or gain, shall interpret dreams, make forecasts, tell fortunes,
or take advantage of the credulity of the public in any other similar manner, shall suffer
the penalty of arresto mayor or a fine not exceeding 200 pesos.

Increasing the penalty for certain forms of Swindling or Estafa, Presidential Decree No.
1689, § 1 (1980)

PRESIDENTIAL DECREE No. 1689 April 6, 1980

INCREASING THE PENALTY FOR CERTAIN FORMS OF SWINDLING OR ESTAFA

WHEREAS, there is an upsurge in the commission of swindling and other forms of


frauds in rural banks, cooperatives, "samahang nayon (s)", and farmers' associations or
corporations/associations operating on funds solicited from the general public;

WHEREAS, such defraudation or misappropriation of funds contributed by


stockholders or members of such rural banks, cooperatives, "samahang nayon(s)", or
farmers' associations, or of funds solicited by corporations/associations from the
general public, erodes the confidence of the public in the banking and cooperative
system, contravenes the public interest, and constitutes economic sabotage that
threatens the stability of the nation;

WHEREAS, it is imperative that the resurgence of said crimes be checked, or at least


minimized, by imposing capital punishment on certain forms of swindling and other
frauds involving rural banks, cooperatives, "samahang nayon(s)", farmers' associations
or corporations/associations operating on funds solicited from the general public;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by


virtue of the powers vested in me by the Constitution, do hereby decree and order as
follows:

Section 1. Any person or persons who shall commit estafa or other forms of swindling
as defined in Article 315 and 316 of the Revised Penal Code, as amended, shall be
punished by life imprisonment to death if the swindling (estafa) is committed by a
syndicate consisting of five or more persons formed with the intention of carrying out
the unlawful or illegal act, transaction, enterprise or scheme, and the defraudation
results in the misappropriation of money contributed by stockholders, or members of
rural banks, cooperative, "samahang nayon(s)", or farmers association, or of funds
solicited by corporations/associations from the general public.

When not committed by a syndicate as above defined, the penalty imposable shall be
reclusion temporal to reclusion perpetua if the amount of the fraud exceeds 100,000
pesos.

Section 2. This decree shall take effect immediately.

DONE in the City of Manila, this 6th day of April, in the year of Our Lord, nineteen
hundred and eighty.

--

Jurisprudence

Remo vs. Devanadera, 813 SCRA 610 (2016).

Estafa under Article 315 (1) (b) of the RPC has the following elements:

1. That money, goods or other personal property is received by the offender in trust, or
on commission, or for administration, or under any other obligation involving the duty
to make delivery of, or to return the same;

2. That there be misappropriation or conversion of such money or property by the


offender or denial on his part of such receipt;

3. That such misappropriation or conversion or denial is to the prejudice of another; and

4. That there is a demand made by the offended party on the offender.


The terms misappropriation or conversion, in the context of the article on point,
connotes "an act of using or disposing of another's property as if it were one's own or of
devoting it to a purpose or use different from that agreed upon."

Ison vs. People 792 SCRA 606 (2016).

Estafa by Means of Deceit; Elements of.—The elements of estafa by means of deceit as


defined under Article 315(2)(a) of the RPC are as follows: (1) that there must be a false
pretense, fraudulent act or fraudulent means; (2) that such false pretense, fraudulent act
or fraudulent means must be made or executed prior to or simultaneously with the
commission of the fraud; (3) that the offended party must have relied on the false
pretense, fraudulent act or fraudulent means, that is, he was induced to part with his
money or property because of the false pretense, fraudulent act or fraudulent means;
and (4) that as a result thereof, the offended party suffered damage.

It is still estafa if: (criminal)

Garcia vs. People 410 SCRA 582 , (2003).

Elements of Estafa under art. 315, para 2(a)

(1) the accused defrauded another by means of deceit; and

(2) damage or prejudice capable of pecuniary estimation is caused to the offended party
or third party.

Whether petitioner was charged under either paragraph 2(a) or 2(d) of Article 315 of the
Revised Penal Code, she would still be guilty of estafa because damage and deceit,
which are essential elements of the offense, have been established with satisfactory
proof.

It is only Civil if:

Castro vs. Mendoza, 226 SCRA 611 , (1993).

The essential requirements of estafa under Article 315, paragraph 2 (d) of the Revised
Penal Code, as amended by Republic Act No. 4885, for which the petitioners have been
charged and convicted are that (1) a check is drawn or postdated in payment of an
obligation contracted at the time the check was issued; (2) there are no funds sufficient
to cover the check; and (3) the payee sustains damage thereby.
Is there deceit and damage when a bad check is issued in payment of a pre-existing
obligation? It is clear that under the law, the false pretense or fraudulent act must be
executed prior to or simultaneously with the commission of the fraud. To defraud is
to deprive some right, interest, or property by deceitful device. In the issuance of a
check as payment for a pre-existing debt, the drawer derives no material benefit in
return as its consideration had long been delivered to him before the check was issued.
In short, the issuance of the check was not a means to obtain a valuable consideration
from the payee. Deceit, to constitute estafa should be the efficient cause of the
defraudation. Since an obligation has already been contracted, it cannot be said that the
payee parted with his property or that the drawer has obtained something of value as a
result of the postdating or issuance of the back check in payment of a pre-existing
obligation. Finally, considering the absence of an express provision in the law, the
postdating or issuance of a bad check in payment of a pre-existing obligation cannot be
penalized as estafa by means of deceit, otherwise, the legislature could have easily
worded the amendatory act to that effect.

Secondary Sources

LUIS B. REYES, THE REVISED PENAL CODE BOOK TWO 776 (17th ed.).

ELEMENTS in general

1. That the accused defrauded another by (a) abuse of confidence, or (b) by means
of deceit
2. That damage or prejudice capable of pecuniary estimation is caused to the
offended party or third persons

LUIS B. REYES, THE REVISED PENAL CODE BOOK TWO 777 (17th ed.).

Estafa under Art. 315 of the RPC has three subdivisions classifying three forms of estafa
acording to the means by which fraud is committed.

Thus estafa is committed by -

a) with unfaithfulness or abuse of confidence


b) by means of false pretences or fraudulent acts; or
c) through fraudulent means

Estafa under 315 (1) is known as estafa with abuse of confidence and 315 (2) and (3)
covers estafa by means of deceit.

Deceit is not an essential requisite of estafa with abuse of confidence


Q. If you purchase a car, does the buyer need to physically possess the vehicle in order
for one to say that there is delivery?

Article 1498. When the sale is made through a public instrument, the execution thereof
shall be equivalent to the delivery of the thing which is the object of the contract, if from
the deed the contrary does not appear or cannot clearly be inferred.

With regard to movable property, its delivery may also be made by the delivery of the
keys of the place or depository where it is stored or kept. (1463a)

Article 1499. The delivery of movable property may likewise be made by the mere
consent or agreement of the contracting parties, if the thing sold cannot be transferred
to the possession of the vendee at the time of the sale, or if the latter already had it in his
possession for any other reason.

Q. When will a person charged with a crime be arrested or imprisoned pending


litigation of a criminal case?

Q. When will offense be non-bailable? Is estafa a bailable crime? What about car theft?
Will it depend on the amount of PENALTIES for each crime?

"(...) in estafa under Art. 315 2(d), as amended by PD 818, and Qualified Theft, the bail
to be recommended shall be governed by the following rules:

a) Where the amount of fraud involved does not exceed P22,000.00, bail shall be
computed based on the applicable provisions of the 2000 Bail Bond Guide.
b) Where the amount of fraud involved is more than P22,000.00 but less than
P32,000.00, bail shall be based on the maximum period of the imposable penalty
of reclusion temporal multiplied by P2,000.00.
c) Where the amount of fraud is P32,000.00 or over in which the imposable penalty
is reclusion temporal to reclusion perpetua, bail shall be based on reclusion
temporal maximum, pursuant to Par. 2(a) of the 2000 Bail Bond Guide,
multiplied by P2,000.00, plus an additional of P2,000.00 for every P10,000.00 in
excess of P22,000.00; Provided, however, that the total amount of bail shall not
exceed P60,000.00.
Cenzon vs. Abad Santos 493 SCRA 376, 391 (2006)

---

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.

An Act Providing for a New Anti-Carnapping Law of the Philippines [New Anti-
Carnapping Act of 2016], Republic Act No. 10883, § 3, para. 3 (2016).

---

2. Where bail is a matter of right and the imposable penalty is imprisonment and/or
fine, the bail shall be computed on the basis of the penalty of imprisonment, a fraction
of a year shall be rounded-off to one year, applying the following formulae: to wit:

(...)

b.3 For Estafa under par 2 (D) up to P 1.2 M, bail shall be based on the maximum of the
penalty, the number of years in its maximum period to be multiplied by P2,000.00. Any
amount exceeding P 1.2 M, bail shall be based on the maximum of the penalty, the
number of years in its maximum period to be multiplied by P6,000.00

(...)

4. For violations of special laws, bail shall be computed based on the maximum penalty
imposable, the number of years in its maximum period multiplied by P 6,000.00 except
for the the following laws, bail shall be computed based on the maximum penalty
imposable, thenumber of years in its maximum period multiplied by P 10,000.00 to wit:

m. RA 10883 (New Anti Carnapping Act of 2016 (repealing RA 6539);

Department of Justice, The 2018 New Bail Bond Guide, Department Circular No. 013,
now therefore cl. (2 b.3) & (4 m).
Bail:

SECTION 13. All persons, except those charged with offenses punishable by reclusion
perpetua when evidence of guilt is strong, shall, before conviction, be bailable by
sufficient sureties, or be released on recognizance as may be provided by law. The right
to bail shall not be impaired even when the privilege of the writ of habeas corpus is
suspended. Excessive bail shall not be required.

PHIL. CONST. art. III, § 13.

There is no arguing that the anti-carnapping law is a special law, different from the
crime of robbery and theft included in the Revised Penal Code. It particularly addresses
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. But a careful comparison of this special law with the crimes of
robbery and theft readily reveals their common features and characteristics, to wit:
unlawful taking, intent to gain, and that personal property belonging to another is
taken without the latter's consent. However, the anti-carnapping law particularly deals
with the theft and robbery of motor vehicles. Hence a motor vehicle is said to have been
carnapped when it has been taken, with intent to gain, without the owner's consent,
whether the taking was done with or without the use of force upon things. Without the
anti-carnapping law, such unlawful taking of a motor vehicle would fall within the
purview of either theft or robbery which was certainly the case before the enactment of
said statute.

People vs. Bustinera 431 SCRA 284, 292-293 (2004)