People vs. Calabroso, 340 SCRA 332, are as follows:
1.) Actual taking of the vehicle.
2.) The offender intends to gain from taking the vehicle.. 3.) The vehicle belongs to another person, not the offender. 4.) The taking was either without the owner's consent, by means of violence or intimidation or the use of force on things. The taking of a vehicle is completed the moment the carnapper is in possession of it, even if he has the opportunity to dispose of it (People vs. Ellasos, 411 Phil 139.)
"Gain" doesn't necessarily mean profit; even if
the taking was for a joyride it's still considered carnapping (Villacorta vs. Insurance Commission, GR 54171, October 28, 1980.) Definition of Terms. (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; (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. Three amendments have been made to the original Section 14 of the Anti-Carnapping Act: (1) the penalty of life imprisonment was changed to reclusion perpetua, (2) the inclusion of rape, and (3) the change of the phrase “in the commission of the carnapping” to “in the course of the commission of the carnapping or on the occasion thereof.” This third amendment clarifies the law’s intent to make the offense a special complex crime, by way of analogy vis-a-vis paragraphs 1 to 4 of the Revised Penal Code on robbery with violence against or intimidation of persons.(PEOPLE v. FABIAN URZAIS Y LANURIAS) R.A. No. 6539 Penalties:
1.) Carnapping itself, regardless of the vehicle's
value:
a.) Without violence or intimidation -14 years and
8 months to 17 years and 4 months b.) With violence, intimidation or force on things - 17 years and 4 months to 30 years c.) If the owner, driver occupant of the vehicle was killed when the carnapping was committed -life imprisonment R.A. No. 10883 Penalties:
1.) Carnapping itself, regardless of the vehicle's
value:
a.) When the carnapping is committed without
violence against or intimidation of persons, or force upon things - not less than twenty (20) years and one (1) day but not more than thirty (30) years b.) When the carnapping is committed by means of violence against or intimidation of persons, or force upon things - imprisonment for not less than thirty (30) years and one (1) day but not more than forty (40) years
c.) 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. 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. The Duties imposed by RA 10883 are the following: 1.) All unregistered motor vehicles must be registered with the LTO and other pertinent government agencies. 2.) The LTO must keep a permanent registry of motor vehicle engines, engine blocks and chassis with their type, make and serial numbers as well as the names of their present and previous owners. 3.) Every sale, transfer, conveyance, substitution or replacement of a motor vehicle engine, engine block or chassis shall be registered with the LTO.Unregistered vehicles and parts will not be given certificates of registration and will be considered untaxed imported vehicles or stolen or coming from illegal sources. 4.) If somebody wants a vehicle registered for the first time (original registration) he has to apply with the LTO and the NBI. If the NBI clears the application, that's a go-ahead signal to the LTO to register the vehicle. 5.) The collector of customs is required to make a report of the arrival of imported vehicles, engines, engine block chassis and bodies to the LTO. If the items in question have no serial numbers, the collector of customs will hold the items in question until they are numbered by the LTO. 6.) Importers, distributors and sellers of motor vehicles are required to keep records of their stocks, including the serial numbers and the names and addresses of those who sold the vehicles to them as well as the buyers and must submit a monthly report of their transactions to the LTO. 7.) Manufacturers are required to put serial numbers on their merchandise and submit a monthly report on their production and sales to the LTO. 8.) Anyone who wants to assemble or rebuild a motor vehicle (or cause its assembly or rebuilding) must secure a clearance certificate from the NBI. For that, he has to prepare a statement under oath containing the type, make and serial numbers of the engine, chassis and body and a complete list of spare parts as well as the names and addresses of their sources. If the vehicle is a boat or any other water-going vehicle, a permit must be secured from the coast guard as well. 9.) Inter-island shipping companies, if they're going to ship vehicles and parts, must submit a report to the NBI of such transactions within 7 days of loading. This will include serial numbers and other pertinent data. 10.) Defacing of serial numbers, whether original or registered, is prohibited. 11.) Any person, office or entity to transfer or use a vehicle plate from one vehicle to another with securing the proper authority from the LTO. 12.) Any person, office or entity to buy and/or sell any second hand spare parts taken from a carnapped vehicle should not be done. - 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.
- 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. PEOPLE v. FABIAN URZAIS Y LANURIAS Facts: That on or about the 13th day of November, 2002, or prior thereto, in the City of Cabanatuan, Fabian Lanurias, together with co-accused Alex Bautista and Ricky Bautista, conspiring, confederating with and abetting one another, with intent to gain and by means of force, violence and intimidation, did then and there, wilfully, unlawfully and feloniously take, steal and carry away, a Isuzu Highlander car, colored Forest Green, with Plate No. UUT-838 of one MARIO MAGDATO, valued at FIVE HUNDRED THOUSAND PESOS (P500,000.00) Philippine Currency, owned by and belonging to said MARIO MAGDATO, against his will and consent Issue: Whether or not there is violation of the Anti- Carnapping law. Held: In the instant case, the Court finds the charge of carnapping unsubstantiated for failure of the prosecution to prove all its elements. For one, the trial court’s decision itself makes no mention of any direct evidence indicating the guilt of accused- appellant. Indeed, the CA confirmed the lack of such direct evidence.Both lower courts solely based accused-appellant’s conviction of the special complex crime on one circumstantial evidence and that is, the fact of his possession of the allegedly car napped vehicle. The Court notes that the prosecution’s evidence only consists of the fact of the victim’s disappearance, the discovery of his death and the details surrounding accused-appellant’s arrest on rumors that the vehicle he possessed had been carnapped. Theres is absolutely no evidence supporting the prosecution’s theory that the victim’s vehicle had been carnapped, much less that the accused-appellant is the author of the same. 2008 BAR Question: While Carlos was approaching his car, he saw it being driven away by Paolo, a thief. Carlos tried to stop Paolo by shouting at him, but Paolo ignored him. To prevent his car from being carnapped, Carlos drew his gun, aimed at the rear wheel of the car and fired. The shot blew the tire which caused the car to veer out of control and collide with an oncoming tricycle, killing the tricycle driver.
What is the criminal liability of Paolo, if any?
Explain. Answer: The elements of carnapping, as mentioned in People vs. Calabroso, 340 SCRA 332, are as follows:
1.) Actual taking of the vehicle
2.) The offender intends to gain from taking the vehicle 3.) The vehicle belongs to another person, not the offender 4.) The taking was either without the owner's consent, by means of violence or intimidation or the use of force on things - The taking of a vehicle is completed the moment the carnapper is in possession of it, even if he has the opportunity to dispose of it (People vs. Ellasos, 411 Phil 139.)
- "Gain" doesn't necessarily mean profit; even if
the taking was for a joyride it's still considered carnapping (Villacorta vs. Insurance Commission, GR 54171, October 28, 1980.)