Carjacking now non-bailable offense

MANILA, Philippines – The proposed measure imposing stiffer penalties against carjacking and making it a non-bailable offense if evidence of guilt is strong is now a law.

House Bill 4544  lapsed into law under the Duterte administration. The new Anti-Carnapping Act or Republic Act 10883 repealed RA 6539 that was passed in 1972.

The bill was transmitted to Malacañang before former president Benigno Aquino III stepped down last June 30 and under the Constitution, the chief executive has 30 days to sign or veto a measure approved by Congress or it would lapse into law.

Sen. Grace Poe, the chairperson of the Senate committee on public order and dangerous drugs in the 16th Congress and sponsor of the measure, said the new law was expected to help deter commission of the crime.

“It is our hope that this new and comprehensive anti-carnapping law imposing much stiffer penalties, alongside strict implementation by our law enforcers, will hinder the commission of this crime and give vehicle owners peace of mind,” Poe said.

Under the new law, a person found guilty of carjacking would be penalized with 20 to 30 years imprisonment.

RA 6539 or the existing Anti-Carnapping Act imposes the penalty of imprisonment ranging from 14 years and eight months to 17 years and four months only.

If violence, intimidation or use of force is used in the commission of the crime, the person found guilty will be imprisoned for 30 years and one day to 40 years under the new law.

It also states the following: When the owner, driver or occupant of the carjacked motor vehicle is killed or raped, the perpetrator will be sentenced to life imprisonment.

Any person involved in the concealment of the crime of carjacking will be imprisoned from six to 12 years and fined with the acquisition cost of the motor vehicle, engine or any other part involved in the violation.

Public officials involved in carjacking also face dismissal from service and perpetual disqualification from public office.

The Land Transportation Office will also be required to keep a permanent registry of motor vehicles, motor vehicle engines, engine blocks and chassis of all motor vehicles stating the type, make, serial numbers as well as the names and addresses of the vehicles’ present and previous owners.

Tampering of serial numbers and transfer of vehicle plates without approval from the LTO will also be considered a criminal act under the new law.

The sale of used spare parts obtained from a carjacked vehicle is now also a prohibited act.

Citing data from the Philippine National Police (PNP), Poe noted that there were 3,170 carjacking cases from January to June 2014.