TO DETER the growing commission of the crime of carnapping in the country, lawmakers are proposing the penalty of reclusion perpetua or life sentence, irrespective of the value of the motor vehicle taken.
HB 6909, a consolidation of 13 separate bills, has been approved on second reading by the House of Representatives even before the election break. However, it was not able to get the final approval due to time constraints.
But since many of the principal proponents of the consolidated measure have won their respective seats in the incoming 16th Congress, they are eager to author the bill to amend Republic Act 6539 or the Anti-Carnapping Act of 1972.
R.A. 6539 states that any person who is found guilty of carnapping shall, (as defined) irrespective of the value of motor vehicle taken, be punished by imprisonment of not less than 14 years and eight months and not more than 17 years and four months, when carnapping is committed without violence or intimidation of persons, or force upon things.
The law also provides a penalty of imprisonment of not less than 17 years and four months and not more than 30 years, when the carnapping is committed by means of violence against or intimidation of any person, or force upon things.
Furthermore, the same section provides the penalty of reclusion perpetua when the owner, driver or occupant of the carnapped motor vehicle “is killed or raped in the course of the commission of the carnapping or on the occasion thereof.”
As defined in the proposed amendatory measure, 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.”
The bill provides that when the carnapping is committed by means of violence against or intimidation of any person, or force upon things resulting in the death of the owner, driver or occupant, the penalty of reclusion perpetua without the benefit of parole shall be imposed.
Likewise, any person who violates any (other) provision of the proposed amendatory Act shall be punished with imprisonment of not less than prision mayor in its maximum period (12 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.
However, if the violator is a juridical person, the penalty 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.
Other violations include defacing or tampering with serial numbers of motor vehicles, engine blocks and chassis; identity transfer of a motor vehicle total wreck or beyond economic repair; transfer of vehicle plates; sale of second hand spare parts from carnapped vehicle shipment without clearance from the PNP; and assembly or rebuilding of motor vehicles without clearance and permit, among others.
Likewise, all owners of motor vehicles in all cities and municipalities are required to register their cars with the local police without any charges.