RA 10586 (h) Motor vehicle refers to any land transportation vehicle
ANTI-DRUNK AND DRUGGED DRIVING ACT OF 2013 propelled by any power other than muscular power.
AN ACT PENALIZING PERSONS DRIVING UNDER THE
INFLUENCE OF ALCOHOL, DANGEROUS DRUGS, AND
SIMILAR SUBSTANCES, AND FOR OTHER PURPOSES
- This law makes it unlawful for any person to drive a
motor vehicle while under the influence of alcohol,
dangerous drugs and/or other similar substances
(Sec 5 – Punishable Act)
- the law does not require any specific level of alcohol
intoxication one has to be under in order that he can be
held liable for driving while in the influence of liquor.
- Under this law, law enforcement officers are authorized
to conduct “field sobriety test”
- Refusal to subject oneself to undergo the mandatory field
sobriety test and drug test is likewise punishable by
confiscation and automatic revocation of his or her
driver’s license, in addition to other penalties.
SEC. 3. Definition of Terms. – For purposes of this Act:
(a) Alcohol refers to alcoholic beverages classified into beer,
wine and distilled spirits, the consumption of which produces
intoxication.
(b) Breath analyzer refers to the equipment which can
determine the blood alcohol concentration level of a person
through testing of his breath.
(c) Chemical tests refer to breath, saliva, urine or blood tests
to determine the blood alcohol concentration level and/or
positive indication of dangerous drugs and similar substances
in a person’s body.
(d) Dangerous drugs and other similar substances refer to
drugs listed in the schedules annexed to the 1961 Single
Convention on Narcotics Drugs, as amended by the 1972
Protocol, and in the schedules annexed to the 1971 Single
Convention of Psychotropic Substances as enumerated in its
attachment which is an integral part of Republic Act No. 9165,
otherwise known as the “Comprehensive Dangerous Drugs
Act of 2002” and those that the Board may reclassify, add to or
remove from the list of dangerous drugs.
(e) Driving under the influence of alcohol refers to the act of
operating a motor vehicle while the driver’s blood alcohol
concentration level has, after being subjected to a breath
analyzer test, reached the level of intoxication, as established
jointly by the Department of Health (DOH), the National Police
Commission (NAPOLCOM) and the Department of
Transportation and Communications (DOTC).
(f) Driving under the influence of dangerous drugs and other
similar substances refers to the act of operating a motor
vehicle while the driver, after being subjected to a confirmatory
test as mandated under Republic Act No. 9165, is found to be
positive for use of any dangerous drug.
(g) Field sobriety tests refer to standardized tests to initially
assess and determine intoxication, such as the horizontal gaze
nystagmus, the walk-and-turn, the one-leg stand, and other
similar tests as determined jointly by the DOH, the
NAPOLCOM and the DOTC.
(i) Motor vehicles designed to carry hazardous materials refer
to those designed to carry or transport materials which may
endanger health and lives of the public.
(j) Public utility vehicles refer to motor vehicles for hire and
used to carry or transport passengers or goods.
SEC. 4. Driver’s Education. – Every applicant for a motor
vehicle driver’s license shall complete a course of instruction
that provides information on safe driving including, but not
limited to, the effects of the consumption of alcoholic
beverages on the ability of a person to operate a motor vehicle,
the hazards of driving under the influence of alcohol,
dangerous drugs and/or other similar substances, and the
penalties attached for violation thereof.
For professional drivers, every applicant for a driver’s license
or those applying for renewal thereof shall undergo the driver’s
education herein stated.
The driver’s license written examination shall include questions
concerning the effects of alcohol and drug intoxication on the
ability of a person to operate a motor vehicle and the legal and
pecuniary consequences resulting from violation of the
provisions of this Act.
SEC. 6. Conduct of Field Sobriety, Chemical and Confirmatory
Tests. – A law enforcement officer who has probable cause to
believe that a person is driving under the influence of alcohol,
dangerous drugs and/or other similar substances by apparent
indications and manifestations, including overspeeding,
weaving, lane straddling, sudden stops, swerving, poor
coordination or the evident smell of alcohol in a person’s breath
or signs of use of dangerous drugs and other similar
substances, shall conduct field sobriety tests.
If the driver fails in the sobriety tests, it shall be the duty of the
law enforcement officer to implement the mandatory
determination of the driver’s blood alcohol concentration level
through the use of a breath analyzer or similar measuring
instrument.
If the law enforcement officer has probable cause to believe
that a person is driving under the influence of dangerous drugs
and/or other similar substances, it shall be the duty of the law
enforcement officer to bring the driver to the nearest police
station to be subjected to a drug screening test and, if
necessary, a drug confirmatory test as mandated under
Republic Act No. 9165.
Law enforcement officers and deputized local traffic
enforcement officers shall be responsible in implementing this
section.
SEC. 7. Mandatory Alcohol and Chemical Testing of Drivers
Involved in Motor Vehicular Accidents. – A driver of a motor
vehicle involved in a vehicular accident resulting in the loss of
human life or physical injuries shall be subjected to chemical
tests, including a drug screening test and, if necessary, a drug
confirmatory test as mandated under Republic Act No. 9165,
to determine the presence and/or concentration of alcohol,
dangerous drugs and/or similar substances in the bloodstream
or body.
SEC. 8. Refusal to Subject Oneself to Mandatory Tests. – A
driver of a motor vehicle who refuses to undergo the
mandatory field sobriety and drug tests under Sections 6, 7
and 15 of this Act shall be penalized by the confiscation and
automatic revocation of his or her driver’s license, in addition
to other penalties provided herein and/or other pertinent laws.
SEC. 9. Acquisition of Equipment. – Within four (4) months
from the effectivity of this Act, the Land Transportation Office
(LTO) and the Philippine National Police (PNP) shall acquire
sufficient breath analyzers and drug-testing kits to be utilized
by law enforcement officers and deputized local traffic
enforcement officers nationwide giving priority to areas with
high reported occurrences of accidents. For purposes of
acquiring these equipment and for the training seminars
indicated in Section 10 hereof, the LTO shall utilize the Special
Road Safety Fund allotted for this purpose as provided under
Section 7 of Republic Act No. 8794, entitled: “An Act Imposing
a Motor Vehicle User’s Charge on Owners of All Types of
Motor Vehicles and for Other Purposes”. Additional yearly
appropriations for the purchase of breath analyzers and drug-
testing kits shall be provided annually under the General
Appropriations Act.
SEC. 10. Deputation. – The LTO may deputize traffic
enforcement officers of the PNP, the Metropolitan Manila
Development Authority (MMDA) and cities and municipalities
in order to enforce the provisions of this Act.
SEC. 11. Law Enforcement Officer Education. – The LTO and
the PNP shall conduct training seminars for their law enforcers
and deputies with regard to the proper conduct of field sobriety
tests and breath analyzer tests every year. Within four (4)
months from the effectivity of this Act, the LTO shall publish the
guidelines and procedures for the proper conduct of field
sobriety tests, which guidelines shall be made available to the
public and made available for download through the official
LTO website.
SEC. 12. Penalties. – A driver found to have been driving a
motor vehicle while under the influence of alcohol, dangerous
drugs and/or other similar substances, as provided for under
Section 5 of this Act, shall be penalized as follows:
(a) If the violation of Section 5 did not result in physical injuries
or homicide, the penalty of three (3) months imprisonment, and
a fine ranging from Twenty thousand pesos (Php20,000.00) to
Eighty thousand pesos (Php80,000.00) shall be imposed;
(b) If the violation of Section 5 resulted in physical injuries, the
penalty provided in Article 263 of the Revised Penal Code or
the penalty provided in the next preceding subparagraph,
whichever is higher, and a fine ranging from One hundred
thousand pesos (Php100,000.00) to Two hundred thousand
pesos (Php200,000.00) shall be imposed;
(c) If the violation of Section 5 resulted in homicide, the penalty
provided in Article 249 of the Revised Penal Code and a fine
ranging from Three hundred thousand pesos (Php300,000.00)
to Five hundred thousand pesos (Php500,000.00) shall be
imposed; and
(d) The nonprofessional driver’s license of any person found to
have violated Section 5 of this Act shall also be confiscated
and suspended for a period of twelve (12) months for the first
conviction and perpetually revoked for the second conviction.
The professional driver’s license of any person found to have
violated Section 5 of this Act shall also be confiscated and
perpetually revoked for the first conviction. The perpetual
revocation of a driver’s license shall disqualify the person from
being granted any kind of driver’s license thereafter.
The prosecution for any violation of this Act shall be without
prejudice to criminal prosecution for violation of the Revised
Penal Code, Republic Act No. 9165 and other special laws and
existing local ordinances, whenever applicable.
SEC. 13. Direct Liability of Operator and/or Owner of the
Offending Vehicle. – The owner and/or operator of the
vehicle driven by the offender shall be directly and
principally held liable together with the offender for the fine
and the award against the offender for civil damages unless he
or she is able to convincingly prove that he or she has
exercised extraordinary diligence in the selection and
supervision of his or her drivers in general and the offending
driver in particular.
This section shall principally apply to the owners and/or
operators of public utility vehicles and commercial vehicles
such as delivery vans, cargo trucks, container trucks, school
and company buses, hotel transports, cars or vans for rent, taxi
cabs, and the like.
RA. 10591
FIREARMS AND AMMUNITION
NOTE: PD 1866 (as amended by RA 8294) has been
superseded by the new Firearms law (RA 10591).
- Deals exclusively with firearms and ammunition.
- Defines categorially a firearm as: “any handheld or portable
weapon, whether small arm or light weapon, that expels or
is designed to expel a bullet, shot, slug, missile, or any
projectile which is discharged by means of expansive force
of gases from burning gunpowder or other form of
combustion or any similar instrument or implement.”
PUNISHABLE ACTS:
1. Unlawful Acquisition, or Possession of Firearms and
Ammunition
2. Absence of Permit to Carry Outside of Residence
3. Unlawful Manufacture, Importation, Sale or Disposition of
Firearms or Ammunition or Parts Thereof, Machinery,
Tool or Instrument Used or Intended to be Used in the
Manufacture of Firearms, Ammunition or Parts Thereof
4. Arms Smuggling
5. Tampering, Obliteration or Alteration of Firearms
Identification
6. Use of an Imitation Firearm
7. Planting Evidence
8. Failure to Notify Lost or Stolen Firearm or Light Weapon
9. Illegal Transfer/Registration of Firearms.
10. Violating the procedure regarding firearms in custodia
legis
GROUNDS FOR REVOCATION, CANCELLATION OR
SUSPENSION OF LICENSE OR PERMIT
1. The Chief of the PNP or his/her authorized representative - if the crime committed with the use of a loose firearm is
may revoke, cancel or suspend a license or permit on the penalized by the law with a maximum penalty which is
following grounds: equal to that imposed for illegal possession of firearms,
2. Commission of a crime or offense involving the firearm, the penalty of prision mayor in its minimum period shall
ammunition, of major parts thereof; 
 be imposed in addition to the penalty for the crime
punishable under the Revised Penal Code or other special
3. Conviction of a crime involving moral turpitude or any
laws of which he/she is found guilty.
offense where the penalty carries an imprisonment of
more than six (6) years; 
 - if the violation of R.A. 10591 is in furtherance of, or
4. Loss of the firearm, ammunition, or any parts thereof incident to, or in connection with the crime of rebellion
through negligence; 
 of insurrection, or attempted coup d’etat, such violation
shall be absorbed as an element of the crime of rebellion
5. Carrying of the firearm, ammunition, or major parts
or insurrection, or attempted coup d’etat
thereof outside of residence or workplace without, the
proper permit to carry the same; 
 - if the crime is committed by the person without using the
6. Carrying of the firearm, ammunition, or major parts loose firearm, the violation of R.A. 10591 shall be
thereof in prohibited places; 
 considered as a distinct and separate offense.
7. Dismissal for cause from the service in case of
Under the old Firearms law (RA 8294)
government official and employee; 
  If homicide or murder is committed with the use of
8. Commission of any of the acts penalized under Republic unlicensed firearm, such use of unlicensed firearm shall
Act No. 9165, otherwise known as the “Comprehensive be considered as an aggravating circumstance.
Dangerous Drugs Act of 2002′′;  If an unlicensed firearm is used to commit a crime other
9. Submission of falsified documents or misrepresentation than homicide or murder, such as direct assault with
in the application to obtain a license or permit; 
 attempted homicide, the use of unlicensed firearm is
neither an aggravating nor a separate offense (People v.
10. Noncompliance of reportorial requirements; and 
 Walpan Ladjaamlam, G.R. No. 136149-51, September
11. By virtue of a court order. 19, 2000).
 when inherent in the commission of a crime punishable
SMALL ARMS under the Revised Penal Code or other special laws, shall
- refer to firearms intended to be or primarily designed for be considered as an aggravating circumstance.
individual use or that which is generally considered to
mean a weapon intended to be fired from the hand or Q: If an unlicensed firearm was used to kill a
shoulder which are not capable of fully automatic bursts person, can he be held guilty for a separate offense of illegal
of discharge. (e.g. Handgun, Rifle, Shotgun) possession of firearms aside from murder or homicide?

LIGHTS WEAPONS
a. Class A Light weapons – referring to self- loading
pistols, rifles, and carbines, submachine guns, assault
rifles and light machine guns not exceeding caliber
7.62MM which have fully automatic mode; and 
 considered as a separate crime but shall be appreciated as an
b. Class-B Light weapons - referring to weapons designed
for use by two (2) or more persons serving as a crew, or
rifles and machine guns exceeding caliber 7.62MM such
as heavy machine guns, handheld under barrel and
mounted grenade launchers, portable anti- aircraft guns,
portable anti-tank guns, recoilless rifles, portable
launchers of anti-tank missile and rocket systems,
portable launchers of anti- aircraft missile systems, and
mortars of a caliber of less than 100MM. 
 In Section 29 of RA 10591, the use of a loose firearm, when
LOOSE FIREARM
- refers to an unregistered firearm, an obliterated or altered
firearm, firearm which has been lost or stolen, illegally
manufactured firearms, registered firearms in the
possession of an individual other than the licensee and
those with revoked licenses in accordance with the rules
and regulations (par. (v), Sec. 3, RA 10591).
USE OF LOOSE FIREARM IN THE COMMISSION OF A
CRIME
- if the crime committed with the use of a loose firearm is
penalized by the law with a maximum penalty which is
lower than that prescribed for illegal possession of
firearm, the penalty for illegal possession of firearm shall
be imposed in lieu of the penalty for the crime charged
A: NO. Where murder or homicide results from the use of an
unlicensed firearm, the crime is no longer qualified illegal
possession, but murder or homicide, as the case may be. In
such a case, the use of the unlicensed firearm is not
aggravating circumstance. In view of the amendments
introduced by RA 8294 to PD 1866, separate prosecutions for
homicide and illegal possession are no longer in order.
Instead, illegal possession of firearms is merely to be taken as
an aggravating circumstance in the homicide case (People v.
Avecilla, G.R. No. 117033, February 15, 2001).
NOTE: Same ruling will be applicable in the new Firearms law.
inherent in the commission of a crime punishable under the
RPC or other special laws, shall be considered as an
aggravating circumstance.
Otherwise, the use or possession of loose firearms and
violation of other penal law shall be treated as distinct crimes
and will thus be punished separately.
Standards and requisites for issuance of and obtaining a
license to own and possess firearms
1. Applicant must be a Filipino citizen; 

2. He must be at least 21 years old; 

3. Has gainful work, employment, occupation or 
 business
or has filed an Income Tax Return for the preceding year
as proof of income, profession, business or occupation;
and 

4. He shall submit the following certification issued by
appropriate authorities attesting the following: Necessity to present the firearm to consider illegal
a. The applicant has not been convicted of any crime possession of firearm as an aggravating circumstance
involving moral turpitude; 
 - It is not necessary to present the firearm before the court
in order for illegal possession of firearm to be appreciated
b. The applicant has passed the psychiatric test
as an aggravating circumstance. It can be appreciated
administered by a PNP-accredited psychologist or
even though the firearm used was not recovered. The
psychiatrist; 
 actual firearm itself need not be presented if its existence
c. The applicant has passed the drug test conducted by can be proved by the testimonies of witnesses or by other
an accredited and authorized drug testing laboratory evidence presented (People v. Agcanas, G.R. No.
or clinic; 
 174476, October 11, 2011).
d. The applicant has passed a gun safety seminar which
Instances required to be proven in cases of illegal
is administered by the PNP or a registered and
possession of firearms
authorized gun club; 
 - In crimes involving illegal possession of firearm, the
e. The applicant has filed in writing the application to prosecution has the burden of proving the elements
possess a registered firearm which shall state the thereof, viz:
personal circumstances of the applicant; 

f. The applicant must present a police clearance from a. The existence of the subject firearm; and 

the city or municipality police office; and 
 b. The fact that the accused who owned or possessed it
does not have the license or permit to possess the
g. The applicant has not been convicted or is currently same. The essence of the crime of illegal possession is
an accused in a pending criminal case before any the possession, whether actual or constructive, of the
court of law for a crime that is punishable with a subject firearm, without which there can be no
penalty of more than 2 years. (Sec. 4, RA 10591).
conviction for 
 illegal possession. 

ACQUISITION OR PURCHASE AND SALE OF FIREARMS
AND AMMUNITION After possession is established by the prosecution, it would
- Firearms and ammunition may only be acquired or only be a matter of course to determine whether the accused
purchased from authorized dealers, importers or local has a license to possess the firearm. Possession of any firearm
manufacturers and may be transferred or sold only from becomes unlawful only if the necessary permit or license is not
a licensed citizen or licensed juridical entity to another first obtained. The absence of license and legal authority
licensed citizen or licensed juridical entity. constitutes an essential ingredient of the offense of illegal
- During election periods, the sale and registration of possession of firearm and every ingredient or essential
firearms and ammunition and the issuance of the element of an offense must be shown by the prosecution by
corresponding licenses to citizens shall be allowed on the proof beyond reasonable doubt (People v. Agcanas, G.R. No.
condition that the transport or delivery thereof shall 174476, October 11, 2011).
strictly comply with the issuances, resolutions, rules and
regulations promulgated by the Commission on Good faith is not a valid defense against prosecution for
Elections. illegal possession of firearm
- Illegal Possession of Firearm is malum prohibitum.
CARRYING OF FIREARMS OUTSIDE OF RESIDENCE OR
PLACE OF BUSINESS Illustration: The accused was apprehended for carrying a cal.
- A permit to carry firearms outside of residence shall be 9mm firearm and ammunitions without the proper license to
issued by the Chief of the PNP or his duly authorized possess the same. He claimed to be a confidential agent of the
representative to any qualified person whose life is under AFP and in that capacity received the said firearm and
actual threat or his/her life is in imminent danger due to ammunitions, which are government property duly licensed to
the nature of his/her profession, occupation or business. the Intelligence Security Group (ISG) of the AFP and so could
- The burden is on the applicant to prove that his/her life is not be licensed under his name.
under actual threat by submitting a threat assessment
certificate from the PNP. Although the accused had a Memorandum Receipt and A
Mission Order issued by ISG, whereby he was entrusted with
PROFESSIONALS that are considered to be in imminent such firearm and ammunitions which he was authorized to
danger due to the nature of their profession, occupation carry around, he was nevertheless convicted for the subject
or business violation for a Memorandum Receipt and Mission Order cannot
take the place of a duly issued firearm license. The accused
1. Members of the Philippine Bar; 
 cannot invoke good faith as a defense against a prosecution
2. Certified Public Accountants; 
 for illegal possession of firearm, as this is a malum prohibitum
(Sayco v. People, G.R. 159703, March 3, 2008).
3. Accredited Media Practitioners; 

4. Cashiers, Bank Tellers; 
 Penalty
- The use of a loose firearm when inherent in the
5. Priests, Ministers, Rabbi, Imams; 
 commission of a crime punishable by the Revised Penal
6. Physicians and Nurses; 
 Code or other special laws shall be considered as an
aggravating circumstance (par. 1, Sec. 29, RA 10591).
7. Engineers; and 

8. Businessmen, who by the nature of their business or Provided, that if the crime committed with the use of a loose
undertaking, are exposed to high risk of being targets firearm is penalized by the law with a maximum penalty which
of criminal elements. is lower than that prescribed in Sec. 28 of RA 10591 for illegal
possession of firearms, the penalty for illegal possession of What is punished is the under the RPC or other
firearms shall be imposed in lieu of the penalty for the crime “other crime” regardless if special laws, shall be
charged (par. 1, Sec. 29, RA 10591). the use or possession of considered as an
firearms is inherent or aggravating circumstance.
Provided further, that if the crime committed with the use of a necessary in the
loose firearm is penalized by the law with maximum penalty commission of that “other Otherwise, the use or
which is equal to that imposed under the preceding section for crime.” possession of loose
illegal possession of firearms, the penalty of prision mayor in firearms and violation of
its minimum period shall be imposed in addition to the penalty If homicide or murder is other penal law shall be
for the crime punishable under the RPC or other special laws committed with the use of treated as distinct crimes
of which he/she is found guilty (par. 1, Sec. 29, RA 10591). unlicensed firearm, such and will thus be punished
use of an unlicensed firearm separately.
NOTE: If the crime is committed by the person without using shall be considered as an
the loose firearm, the violation of this Act shall be considered aggravating circumstance.
as a distinct and separate offense (par. 3, Sec. 29, RA 10591). If there was no other crime If the crime committed with
committed, the penalty the use of a loose firearm is
DEATH OR DISABILITY of the holder of a firearm licensee under Section 1 shall be penalized by the law with a
- Upon the death or legal disability of the holder of a firearm imposed. maximum penalty which is
license, it shall be the duty of his/her next of kin, nearest lower than that prescribed
relative, legal representative, or other person who shall in the new law for illegal
knowingly come into possession of such firearm or possession of firearm, the
ammunition, to deliver the same to the FEO of the PNP penalty for illegal
or Police Regional Office, and such firearm or possession of firearm shall
ammunition shall be retained by the police custodian be imposed in lieu of the
pending the issuance of a license and its registration in penalty for the other crime
accordance, with RA 10591. charged.

LIABILITY for failure to deliver firearm or ammunition If the crime committed with
- The failure to deliver the firearm or ammunition within six the use of a loose firearm is
(6) months after the death or legal disability of the penalized by the law with a
licensee shall render the possessor liable for illegal maximum penalty which is
possession of the firearm. equal to that imposed
under the new law for
USE OF EXPLOSIVES illegal possession of
- When a person commits any of the crimes defined in the firearms, the penalty of
RPC or special laws with the use of hand grenade(s), rifle prision mayor in its
grenade(s), and other explosives, including but not minimum period shall be
limited to 'pillbox,' 'molotov cocktail bombs,' 'fire bombs,' imposed in addition to the
or other incendiary devices capable of producing penalty for the crime
destructive effect on contiguous objects or causing injury punishable under the RPC
or death to any person, which results in the death of any or other special laws of
person or persons, the use of such explosives, which s/he is found guilty.
detonation agents or incendiary devices shall be The acts penalized are as Acts punishable:
considered as an aggravating circumstance (Sec. 2, RA follow: a. Unlawful acquisition,
8294).
a. Unlawful 
 manufacture, 
 or possession of
PUNISHABLE ACT: sale acquisition, firearms, and
- Unlawful manufacture, sale, acquisition, disposition or disposition or possession ammunition; 

possession of explosives. of firearms or ammunition
b. Use of loose firearm in
or instruments used or
the commission of a
AS AN AGGRAVATING CIRCUMSTANCE intended to be used in the
manufacture of firearms crime; 

- When a person uses of explosives, detonation agents or
incendiary in committing any of the crimes defined in the of ammunition; 
 c. Absence of permit to
Revised Penal Code or special laws and which results in carry outside of
b. Unlawful manufacture,
the death of any person or persons. sale, acquisition, residence; 

disposition or possession d. Unlawful manufacture,
- However, when a person uses of explosives, detonation importation, sale or
of explosives; 

agents or incendiary in furtherance of, or incident to, or in disposition of firearms
connection with the crime of rebellion, insurrection, sedition c. Tampering of firearm’s
or ammunition or parts
or attempted coup d'etat, such shall be absorbed as an serial number; 

thereof; 

element of the crimes of rebellion, insurrection, sedition or d. Repacking or altering the
attempted coup d'etat composition of lawfully e. Arms smuggling; 

manufactured explosives; f. Tampering,
PD 1866, as amended by RA 10591 
 
 obliteration, or
RA 8294
In Section 1, a person is not In Section 29, the use of a e. Unauthorized issuance of alteration of firearms
liable for the violation of the loose firearm, when authority to carry firearm identification; 

old firearms law if he also inherent in the commission and/or ammunition
outside of residence.
committed another crime. of a crime punishable
 g. Use of imitation firearm; traction engines of all kinds used exclusively for

 agricultural purposes.
- Trailers having any number of wheels, when propelled or
h. Violation of the
intended to be propelled by attachment to a motor
procedure for firearms
vehicle, shall be classified as separate motor vehicle with
in custodia legis; 
 no power rating (Sec. 2(e), RA 10883).
i. Planting evidence;
j. Failure to notify lost or DEFACING OR TAMPERING WITH A SERIAL NUMBER
stolen firearm or light - the altering, changing, erasing, replacing, scratching of
weapon the original factory-inscribed serial number on the motor
k. Illegal transfer/ vehicle engine, engine block or chassis of any motor
registration of firearms. vehicle.
- Whenever any motor vehicle is found to have a serial
IN BOTH LAW, if the violation is in furtherance of or incident number on its motor engine, engine block or chassis
to or in connection with the crime of rebellion or insurrection, which is different from that which is listed in the records
or attempted coup d’etat, such violation shall be absorbed as of the Bureau of Customs for motor vehicles imported into
an element of the crime of rebellion or insurrection or the Philippines, that motor vehicle shall be considered to
attempted coup d’etat. have a defaced or tampered with serial number (Sec.
2(b), RA 10883).
RA 10883
ANTI-CARNAPPING LAW REPAINTING
- changing the color of a motor vehicle by means of
NOTE: The old Anti-Carnapping law, RA 6539 as amended by painting. There is repainting whenever the new color of a
RA 7659, has been superseded by RA 10883 otherwise known motor vehicle is different from its color as registered in
as the New Anti- Carnapping Act of 2016. the Land Transportation Commission (Sec. 2(g), RA
10883).
Carnapping is the taking, with intent to gain, of a motor vehicle
belonging to another without the latter’s consent, or by means BODY BUILDING
of violence against or intimidation of persons, or by using force - a job undertaken on a motor vehicle in order to replace
upon things (Sec. 3, RA 10883). its entire body with a new body (Sec. 2(a), RA 10883).
PUNISH
PUNISHABLE ACTS REMODELING
- the introduction of some changes in the shape or form of
1. Carnapping 
 the body of the motor vehicle (Sec. 2(h), RA 10883).
2. Concealment of Carnapping 

DISMANTLING
3. Defacing or Tampering with Serial Numbers of 
 Motor - the tearing apart, piece by piece or part by part, of a motor
Vehicle Engines, Engine Blocks and 
 Chassis (Sec 14, vehicle (Sec. 2 (c), RA 10883).
RA 10883) 
 OVERHAULING
4. Identity Transfer (Sec 15, RA 10883) 
 - the cleaning or repairing of the whole engine of a motor
vehicle by separating the motor engine and its parts from
5. Transfer of Vehicle Plate (Sec 16, RA 10883) 
 the body of the motor vehicle (Sec. 2(f), RA 10883).
6. Sale of Second Hand Spare Parts (Sec 17, RA 
 10883)
Q: When is carnapping committed?
Penalties:
It can be committed in two ways:
a. Carnapping without violence or intimidation – 20 yrs
and 1 day to 30 yrs
b. Carnapping by means of violence – 30 yrs and 1 day 1. When the subject matter is a motor vehicle and the motor
to 40 yrs vehicle is unlawfully taken through violence, threat or
c. Carnapping with rape or homicide or murder – Life intimidation; and 

Imprisonment
Illustration: Pedro is about to leave from UST. Upon
- Any person charged with carnapping or when the crime of boarding his car, he was poked by X with a gun. X
carnapping is committed by criminal groups, gangs or subsequently, took Pedro’s car. 

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 2. Through any other unlawful means. 

or raped in the course of the carnapping shall be denied bail
when the evidence of guilt is strong. Illustration: Pedro, a law student parked his car
somewhere. While attending his Criminal 2 class, Pedro’s
MOTOR VEHICLE car was taken. 

- any vehicle propelled by any power other than muscular
power using the public highways, but excepting road
rollers, trolley cars, street-sweepers, sprinklers, lawn NOTE: In either case, the taking is always unlawful from the
mowers, bulldozers, graders, fork-lifts, amphibian trucks, beginning.
and cranes if not used on public highways, vehicles,
which run only on rails or tracks, and tractors, trailers and
Even if the car was taken by means of violence or intimidation
the crime is carnapping (RA 6539) and not robbery (People v.
Bustinera, G.R. No. 148233, June 8, 2004).
Q: Pedro is a taxi driver under the boundary system. One day,
the owner of the taxis did not permit Pedro to take out one of
his taxis. However, Pedro still went out with a taxi and did not
return the taxi on the same day. Is Pedro liable for carnapping
under the Anti-carnapping Act?
A: YES. The taking of the vehicle is not unlawful from the
beginning because the driver was authorized to use the
vehicle. The crime is violation of RA 6539, no longer Qualified
Theft (People v. Bustinera, G.R. No. 148233, June 8, 2004).
NOTE: Qualified theft of a motor vehicle is the crime if only the
material or physical possession was yielded to the offender;
otherwise, if juridical possession was also yielded, the crime is
estafa.
ELEMENTS of carnapping
1. That there is an actual taking of the vehicle; 
 from holding public office.
2. That the vehicle belongs to a person other than 
 the
offender himself; 

3. That the taking is without the consent of the 
 owner
thereof; or that the taking was committed by means of
violence against or intimidation of persons, or by using
force upon things; and 

4. That the offender intends to gain from the taking of the
vehicle (People v Gawan, G.R. No. 187044, September
14, 2011). 
 thereof in knock down condition shall register with the Land
UNLAWFUL TAKING
- In People v. Bustinera, this Court defined unlawful
taking, or apoderamiento, as the taking of the motor
vehicle without the consent of the owner, or by means of
violence against or intimidation of persons, or by using
force upon things; it is deemed complete from the
moment the offender gains possession of the thing, even
if he has no opportunity to dispose of the same (People
v. Gawan, ibid.).
PRESUMPTION OF UNLAWFULLY TAKING OF THE
MOTOR VEHICLE
- In Litton Mills, Inc. v. Sales, we said that for such
presumption to arise, it must be proven that: (a) the
property was stolen; (b) it was committed recently; (c) that
the stolen property was found in the possession of the
accused; and (d) the accused is unable to explain his
possession satisfactorily (People v Gawan, id.).
INTENT TO GAIN
- In Bustinera, we elucidated that intent to gain or animus
lucrandi is an internal act, presumed from the unlawful
taking of the motor vehicle. Actual gain is irrelevant as the
important consideration is the intent to gain. The term
“gain” is not merely limited to pecuniary benefit but also
includes the benefit which in any other sense may be
derived or expected from the act which is performed.
Thus, the mere use of the thing which was taken without
the owner’s consent constitutes gain (People v. Gawan,
ibid.).
NOTE: While RA 10883 has superseded RA 6539, the relevant
jurisprudence promulgated during the effectivity of RA 6539 is
still controlling. The Supreme Court has not yet decided a case
based on RA 10883. Furthermore, RA 10883 defines
carnapping the same as in RA 6539.
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
REQUIREMENT OF REGISTRATION
1. Registration of motor vehicle engine, engine block and
chassis 

NOTE: Within one year after the approval of this Act, every
owner or possessor of unregistered motor vehicle or parts
Transportation Commission the following:
a. Motor vehicle engine 

b. Engine block 

c. Chassis 

2. Registration of sale, transfer, conveyance, substitution or
replacement of a motor vehicle engine, engine block or
chassis. 

Effect if the motor vehicle engines, engine blocks and
chassis are not registered
It shall be considered as:
1. Untaxed importation 

2. Coming from an illegal source 

3. Carnapped 

It shall be confiscated in favor of the Government.
Duty of collector of customs
- 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 7
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 (Sec 9, RA 10883).

Duty of importers, distributors and sellers

- Any person engaged in the importation, distribution, and
buying and selling of motor vehicles, motor vehicle
engines, engine blocks, chassis or body, shall:

1. Keep a permanent record of his stocks, stating therein:

a. Their type, make and serial numbers, and the names
and 

b. Addresses of the persons from whom they were
acquired and 

c. The names and addresses of the persons to whom
they were sold, and 


2. Render an accurate monthly report of his transactions in

motor vehicles to the Land Transportation Commission (Sec
10, RA 10883)

REQUIREMENT OF CLEARANCE AND PERMIT

1. 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 National Police

NOTE: 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 National
Police, 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 (Sec 12, RA 10883)

2. 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 7 days, submit a report to the
Philippine Constabulary on all motor vehicles, 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 (Sec 13, RA 10883).