Chapter 4

SUICIDE, KIDNAPPING, ROBBERY AND MOTOR

VEHICLE THEFT (CARNAPPING)

Introduction

The fear of "crime in the streets" is largely a fear of robbery. In many areas, this fear has
resulted in self-imposed imprisonment. The dread of becoming a robbery victim has driven the old
and young alike, the poor, inner city residents and the affluent urbanite, behind their own locked
doors. Robbery is usually misreported to the police. Many victims report what is really a theft, by
stating that they have been robbed.

Kidnapping constituted a crisis, the incidence of crime is investigated with reference to who
was being kidnapped and to regional variation, theories and facts about the perpetrators being
delineated before outlining the various ways in which, official agencies concerned, non-
governmental organizations and individuals have responded to the crisis.

When it comes to suicide, policy changes will not be immediately felt by service users, apart
from talking about the reality of suicide, it is just as important to examine our attitudes and beliefs
that may contribute towards the stigma against it. Based on 2015 data from Global Burden of
Disease Study, suicide rates in the country are up to 1.9 for females and 5.8 for males, and 3.8 for
both sexes for every100,000 of the general population.

Carnapping remained most prevalent in Metro Manila with the National Capital Region
(NCRPO) having eight cases, followed by Central Visayas Police Regional Office (PRO-7) with four
cases, Central Luzon (PRO-3) with three cases; Northern Mindanao (PRO-10) with two cases. With
the recent Law on Anti-Carnapping Act of 2016, the RA 10883 is a law which punishes car napping in
thePhilippines.

Learning Outcomes

At the end of the lesson, the students must have:

 Classified the suicide incidents which usually victimized teenagers.
 Comprehended the psychological autopsy in determining the state of mind of a person prior
to fatal act.
 Distinguished the elements of kidnapping for ransom.
 Identified the basic objectives during rescue operations.
 Comprehended the elements and patterns of robbery.
 Identified the importance of mode of operation in the investigation of robberies.
 Comprehended about the guidelines in car napping investigation; and
 Determined on how to recognize the stolen motor vehicle and motorcycle.

Learning Contents

Suicide Investigation

The rationale behind suicide, which is defined as the intentional taking of one’s own life, can
be as simple or as complex as life itself. Suicide may be viewed as a means of resolving a serious
medical or psychological problem by the person who commits suicide. A note suggesting that the
victim had undergone psychological torture or was deeply depressed is frequently discovered by a
police investigator. The absence may even imply that he or she considered suicide to be the absolute
last choice. Many suicide notes over the years have revealed that the people who have committed
suicide were suffering from severe depression. Depression doesn't care who you are or where you
come from. It has an impact on people of all ages. In 1990, 30, 906 people committed suicide,
according to Dr. Patrick Cacmur of the Atlanta-based Centers for Disease Control. The vast majority of
the occurrences (about 4800) occurred between the ages of 25 and 34. Between the ages of 5 and9,
158 pre-teens committed suicide. Ms. Sandy Smith, Public Affairs Officer at the National Center for
Health Statistics Office of Data Processing, reported 29,760suicides in 1992, making it the third most
common cause of death in the United States.

According to specialists, the rate of suicide among pre-teens and the elderly has considerably
grown in the 1990s. Suicides among teenagers have been regarded as epidemic in proportion to their
prevalence in society. Newspapers and media networks may occasionally cover this phenomenon by
reporting a series of occurrences, such as "Teenage Suicide." Surprisingly, media attention frequently
leads to more teen suicides. The best course of action would be to seek professional help and
develop programs inside the educational system to address this issue. There's a chance that suicide
notes were removed or destroyed. Furthermore, the weapon and/or other evidence may have been
taken before the police arrived. It's also not uncommon to come across misdirected grief and/or fury.
The surviving family mourns the loss of a loved one while also grappling with the psychological
question of whether they could have stopped the crime. These relatives typically experience a strong
sense of remorse as a result of their actions. Death, rage against the deceased, and humiliation at
the fact that Suicide has a social stigma associated to it.

Depression: A Clinical Perspective

The primary motivation for suicide is depression. Depression is a mood disturbance which is
characterized by feeling of sadness, despair, and discouragement resulting from and normally
proportionate to some personal loss or tragedy. Depression is an abnormal emotional condition in
which feelings of grief, despair, and discouragement are exaggerated as a result of, and generally
related to, a personal loss or catastrophe. Depression is an abnormal emotional condition in which
feelings of grief, despair, and discouragement are exaggerated beyond reality.

There are four major clusters of depressive symptoms: emotional, cognitive, motivational,
and somatic. Each of these groups of depression symptoms has a dependent and indecent effect on
the depressed person. In fact, as one set of clusters begins to damage the individual, another set of
clusters has an impact on the individual and amplifies the depressed effect. Eventually, the emotional
and cognitive clusters affect motivational symptoms, resulting in "paralysis of the will" and/or
psychomotor retardation (psychomotor pertaining to or causing voluntary movements usually
associated with neutral activity. 'In severe depression, the depressed person may actually experience
a slowing down of his or her movements and may even have difficulty walking and talking.

Emotional Symptoms

In depression, sadness is the most visible and common emotional sign. Depressed folks may
even express their sadness by saying things like "I'm sad." This emotional symptom is most
noticeable in the morning, usually as a result of a lack of sleep. Anxiety is also present, as in a lack of
enjoyment and the loss of almost everything the individual does (hobbies, recreational activities,
etc.). Even biological processes like eating and sex eventually lose their attraction.
Cognitive Symptoms

The term 'cognitive' refers to the mental process characterized by knowing thinking, learning,
and judging.

It is a mental process by which a person observes or comprehends something. A depressed

person believes or perceives oneself or herself in a bad light. Their future prospects are bleak. The
persons may believe they have failed in some way or are the source of their own difficulties. They
believe they are inadequate, incompetent, and inferior. They experience significant sentiments of low
self-esteem as a result of their poor cognitive performance. This will eventually lead to hopelessness
and pessimism. Depressed people believe that they are doomed and that there is no way out.

Motivational Symptoms

Those who are close to a sad individual are the first to recognize specific signs. "Getting
shocked" is difficult for depressed people. Most of us can get up in the morning, go to work, interact
with others, and go about our daily routines. Passivity or lack of activity characterizes the depressed
person. This lack of typical responsiveness and apathy undercuts a person's ability to engage in vital
daily duties and, in general, individuals don't even enjoy doing what is necessary for survival, such as
eating properly.

Symptoms of a disease

Depression can have physiological manifestations. These are possibly the most pervasive
symptoms: weight loss, loss of interest in sex and sexual desire, weight loss, and sleep difficulties. All
contribute to weakness and exhaustion as depression progresses. Because depression erodes
essential biological urges as it worsens, it is a physical sickness.

Other Motives of Suicide

1.Alcohol
2. Drugs
3. Stress
4. Frustration
5.Fear
6. Anger
7. Hostility
8. Guilt

The Investigation

In terms of inquiry, all deaths should be treated as homicide cases unless the evidence
indicate otherwise. The determination of suicide as the way of death is based on a number of
characteristics that rule out homicide, accidents, and other non-suicide causes of death.

Y. Gerbert stressed that suicide cases repeatedly cause more problems for the investigator
than homicide investigations.

M. Lyman contents, that once as apparent suicide has been discovered; the responding
officer should question his or her first impression at the scene. Indeed, homicide and suicide appear
to have many similarities, and the two are often difficult to distinguish. For example, if the case is
actually a suicide but appears to be a murder, the responding officer may waste valuable time
processing the scenes through it were a homicide. Conversely, if the scene is processed as a suicide
when it is actually a homicide, valuable evidence will be damaged or loss.

Certain questions should present themselves to the officer at a wreck death crime scene. For
example, did there appear to be struggle? Is death wounds present on the victim? This situation will
call on the investigators power of observation and common sense.

Suicide and Accidental Deaths

1. If death appears to be suicidal or accidental, handle as homicides, pending arrival of

investigators.
2. Secure immediate scene, detain witnesses.
3. Preserve all evidence, e.g., notes, weapons, pills, vials, drugs, etc.in their original position.
4. Notify investigators.
5. If vehicles are involved, do not allow removal until photos, have been taken by crime-
scene technicians.
6. If suicide is by hanging and death is evident, do not cut body down.
7. If body is cut down because death is not evident, make cut above the knot.
8. If relatives are present, get any background information which may assist investigators.

Considerations for Research

To determine if a death was suicide in nature, investigators need be aware of three key
considerations.
1. The weapon or means of death being present at the scene.
2. Self-inflicted or inflicted by the deceased injuries or wounds.
3. The existence of a motivation or intent on the victim's part to commit suicide.

Suicide mark in hanging using rope, investigation must check the presence of ligature mark in
the neck or throat. If “V" or inverted ligature marks present together with the “V" mark, it is
homicide.

After all the evidence have been considered, the medical examiner/coroner makes the
conclusion of suicide. However, the scene investigation and injury inquiry into the deceased's
background may reveal the presence of life-threatening behaviors or activities that show suicidal
intent. Of course, the medical examiner should have gotten the help of the investigators who were
on the scene and conducted the death investigation.

The Weapon

In the event of suicide, a weapon or means of death should be present. The absence of a
weapon, however, does not always imply that the death was caused by homicide.

Prior to the arrival of the authorities, the firearm could have been stolen or otherwise
disposed of (as seen in the case of the heirloom handgun). In order to collect an insurance policy,
family members have been known to conceal firearm sand/or suicide notes. Many incidents have
been documented in which a suicide victim had arranged for her death to look to be homicide for a
minute's cause.
 If the weapon is found in the deceased's hands, the investigator should inspect it to discover
if it is held strongly owing to cadaveric spasm (instantaneous rigor mortis). Due to a severe muscular
contraction of the hand, the firearms of knot may be tightly clasped in the victim's hand at the time
of death. Some sound victims died with their weapon clutched tightly in their hands. It's vital to note
such weapon death clutching. It's crucial to notice such weapon clutching since you can be sure the
person was holding his weapon at the moment of his or her death. Take note, a person' attempting
to reassemble a weapon in the deceased's hand would be unable to do so. This is especially true
when it comes to issues involving firearms. When someone shoots themself in the head with a
handgun, the firearm usually falls from the victim's grip. Depending on the victim's original position
when the firearm was discharged, long barrel rifles and shotguns may be found cradled in the arms
of the suicide victim.

An examination of the hands should be performed in all suspected suicide gunshot wound
cases to check for the presence of the shoot or power. If there are any blowbacks on the weapon, it
should be checked. If there are any blowback materials on the weapon, including the victims blood it
should be checked. A ballistics test should carry out as well.

A ballistics test should be carried out as well. It should be noted that the deceased's weapon
does not have to be in his or her hand for the death to be considered a suicide. The survival time
element, or the period between injury and death, is crucial because it may have allowed the
deceased to do a variety of things, such as dispose of the weapon or leave the original site where he
or she tried suicide.

Suicides may have injuries and wounds that are strikingly similar to those seen in killings.
Certain observations, however, should be made to determine whether the wounds seen on the
deceased are consistent with homicide or suicide. A person found dead with many knife wounds to
the back, for example, would not be deemed a suicide victim. Similarly, there appear to be
preferences and avoidance for certain regions of the body in suicide cases. If the suicide victim used
a knife, the cuts are frequently on the throat or wrist. If the wound is stabbed, it will almost always
go through the heart. The majority of suicidal stab wounds are numerous in nature and involve the
mid and left chest area. For signs of suicidal trepidation. An assailant with knowledge of these factors
might leave identical markings to cover up a homicide, therefore the investigator should not jump to
any conclusions solely on hesitation marks.

If the victim utilizes a handgun, the head, chest, and heart will most likely be the first targets,
followed by the abdomen. Handgun headshots are most commonly discovered in the temple
(associated with the victim's handedness), followed by the foreheads, or directly into the mouth. As
a result, the wounds will be limited in range. Evidence of powder burns and/or smudging should be
present.

There may even be evidence of hesitation gunshot wounds or other shots fired previous to
the fatal shot in some cases. Any signs of body or tissue splattering should be examined by the
investigator on the deceased's hands. The head, chest, and belly are the preferred targets in suicides
with rifles and shotguns (DiMaio, V.j).

It's crucial to realize that a person who is resolved to end his life will never suffer too much
suffering. A psychotic individual may inflict serious and extensive wounds on himself.
Motives and Intent

Suicidal intent may be determined in part by the manner of death. People who hang
themselves or jump to their deaths from dangerous heights, for example, have clearly expressed a
desire to end their life. In a similar vein, deaths involving a variety of ways (poisoning, shooting,
stabbing, breathing gas, etc.) demonstrate a strong wish to die.

In suicide cases, there are a variety of factors to examine. However, according to V.

Gerberth's personal experience, some people's intentions never surface; the motive died with the
corpse. The following are some of the more typical motivations:

Depression Marital or family crisis

Drugs Severe emotional trauma
Alcohol Psychological problems
Stress Physical problems
Frustration Loss of a loved one
Fear The death of a child.
Anger Financial situation
Hostility Teenage problems
Guilt Loss of employment
Terminal illness Despair
Illness in the Family General Inability to cope with life.

Background Information

It's worth noting that before to death, the dead may have expressed an intention to commit
suicide through actions and statements. The focus of the research should be on a previous mental
illness or defect. Was the deceased being treated by a medical professional?

If necessary, consider collecting this information through a subpoena. The therapist-client

connection ends when the client passes away. Is there a history of the dead committing suicide?
According to research, those who have attempted suicide in the past are more likely to do so again
under similar circumstances.

Is there anyone in your family who has attempted suicide? It's possible that there are
underlying pathological or psychological dynamics to take into account. Any journals, unmailed
letters, or other similar works should be scrutinized for clues to the death. Verbal threats of self-
destruction and other signs of despondency are common precursors to suicide deaths. In other
cases, modest behaviors such as buying life insurance, giving away valued things against doctor's
advice, or abusing alcohol or drugs demonstrate a rapid change in behavior.

Psychological Autopsy

The psychological autopsy is a joint effort by law enforcement and mental health experts to
establish a person's mental state prior to committing a lethal act. They evaluated if the death was
accidental or involved suicide by looking at the victim's lifestyle and interviewing the victim's
acquaintances and relatives.

Signs to be aware of
1. A shift in sleeping patterns. Sleeping in longer than usual or eating much later than usual,
followed by sadness.
 2. A shift in one's eating habits. Obesity or a lack of appetite.
3. A lack of desire for sex. Suffering from a lack of sex drive.
4. A sudden reduction in grades or attendance at school. Adults, young people, and the loss
of work interest
5. Favorite hobbies piqued his curiosity. sports, hobbies
6. Isolation from friends, family, and other people.
a. After a period of depression, a sudden euphoria, or a burst of activity can make
you feel happy or peaceful. This could indicate that the person has addressed an
inner issue by opting to end his or her life, or that the person has taken control of
the decision.
b. Giving away valued possessions is a risky business.
c. Saying things like "I've loved you" or "You've been a nice mother" in the past
tense.

Consideration for Research

The Wounds Are Being Evaluated

1. Is it possible that the deceased caused the injuries and death?
2. Was the person physically capable of carrying out the action?
3. Are the wounds within the deceased's reach?
4. Is there a pattern to the wounds?
5. Is death caused by more than one factor?
6. Describe the injuries' nature and location.
7.Is there anything that makes you pause?
8. Victim's psychological situation and information about the victim's past from family and
acquaintances. This background should include both medical and social data.
9. Did the victim give any indications that something was wrong?
10. Has somebody in the family recently died?
11. Is there any evidence of recent agitation or stress?
12.Were there any notes left by the victim? In the event that a note is later discovered, a
sample of the victim's handwriting, is requested for study. Do you have any intimate personal
relationships, friends, or acquaintances? As soon as possible, schedule an interview.
a. Any mental illnesses or defects in the past
b. Has the deceased received any medical attention?
c. Is there any evidence that the deceased attempted suicide in the past?
d. Was the persom who passed away a heavy drinker?
e. Was there any medication in the deceased's system?
f. Was there a drug-abuse history?
g. Was there a record of any physical or psychological exploitation?

"Final Exit" Suicidal Investigation

(V. Gebereth; Practical Homicide Investigation)

Final Exit to Commit Suicide

Mr. Derek Humphrey published Final Exit: The Practicalities of Self-Deliverance and Assisted
Suicide for the Dying in 1991, which was a highly contentious book (New York, Dell Publishing).
Surprisingly, despite the fact that it is about suicide and death, this book topped the New York Times
best seller list in 1991. It was written in various languages and made available as an information
assistance to end life in 1992. It truly gives the reader complete directions and guidance on how to
do in ending his or her life. The fervent disputes over whether or not this book should have been
released have died down since then. The moral ramifications of such a treatise should, of course, be
left to theology and personal religious convictions. However, Mr.Humphrey does make a statement
early in his book, and stated:"If you consider God the master of your fate, then read no further. Seek
the best pain management available and arranged for hospice care."(Humphrey,1991)
"If you want personal control and choice over your- destiny, it will require forethought,
planning, documentation, friends, and decisive, courageous action from you. This book will help.
"(Ibid, p.4)
Checklist for Investigating Final Exit Cases
1. Is the book Final Exit on the scene of the crime?
2. Look through the book for any entries, highlighting, or writing that pertains to what was
witnessed at the crime site and how it links to any evidence of "acts of self-deliverance."
3. Is there any evidence of "suicide notes" at the scene?
a. Take these notes to be analyzed for fingerprints and handwriting.
b. Obtain a sample of handwriting (writing of the deceased when she or he was still
alive). Compare and contrast the contents of the notes "The chapter Letters to be
Written will be recommended in the book Final Exit.
c. Take the deceased's "major case" prints, which include not only fingerprints but
also palmar (hand) prints.
d. Requirements "All people who were there or thought to be close to the dead were
asked to submit major-case prints.
e. The plastic bag: The presence of a plastic bag at the scene strongly suggests that
the crime is of the Final Exit variety.
f. Suicides are an issue. The following should be noted and documented by the
investigator: Is the victim wearing a plastic bag or is one present at the crime scene?

Suicide-By-Cop

The term "suicide-by-cop" is a police colloquialism used to describe the incidents in which
individual, bent to self-destruction, engage in life-threatening and criminal behavior on order to force
the police to kill them.

Separately armed individual who has threatened the officer of other with the immediate use
of deadly physical force. The subsequent who made the investigation, assessment, and review of the
circumstances reveal many of these events to be victim to be precipitated.

The dynamics of such dynamic precipitated homicide is that the police officer confronting an
individual who has a death wish and stance, force the police into a situation where the only
alternative for the police is to kill him. The motivation of these people bent on self-instruction range
from the clinical to the bizarre.

This relatively new phenomena confronting law enforcement appears to have begun in the
mid-1980. Seemingly, these events are on the increased. However, since they are not classified as
suicide-by-cop the actual number of these accidents in unknown. To date, there has not been an
empirical study of these events. Historically, there have been may justifiable homicide events
resulting from the imminent use of deadly physical force against law enforcement officials. Most of
these shootings occur during the commission of a violent crime or in connection with an
independent police action resulting in confrontation between the offender and the police.

However, more recently, there has been a growing number of justifiable homicides, in which
police officers have shot and killed.
Clinical Interpretations

"Why do people select police officers as aside of their own death?" Dr. Schlossberg stated,
"It's the most obvious and easiest way to die. Suicide by jumping from the building, aside from
running your car into a tree and suicide by blowing your own brain requires a decision on the part of
the person bent on self-destruction. If you can get someone else do it for you, you are operating
"dash-of the sin'" or avoiding the stigma or social taboos associated with suicide, The police are a
good object for this. Police symbolically represent the social conscience. Sometimes, suicidal people
feel guilty about something real or imagined. They seek punishment. To others, they just don't have
the guts to end it all.

1.Suicide-by-Cop Scenarios and their Psychopathology.

2. Suicide-by-cop scenarios can take numerous different forms, according to Dr. Ronald Turco, M.D., a
psychiatrist and police detective from Beaverton, Oregon.

3. People are simply depressed to the point where they want to die, but they do not want to commit
suicide. It's possible that anything will happen. Degree of grandiosity connected with making a big
spectacle of their distress and having a supreme authority figure kill them.

4. In other cases, and possibly at the base of all such events, the individual's identification with a
rejecting and critical father figure or substitute is an issue. For example, the father may have
harbored an unconscious desire to destroy the offspring. It's as if the person is pleading with the cop
to kill him or her since this is the ultimate expression of anger toward the original parent. "You want
me dead. Go ahead and murder me. This is what you want. To hell with you," they seem to be saying.

5. "In some cases of terrorist activity, the individual has identified with a "super cause" and wishes to
die in a shadow of defiance at the hands of the hatred enemy; usually, this type of suicide-by-cop
occurs at the end of a sour hostage negotiation or under circumstances in which the member or
members of the terrorist group do not wish to capitulate to the enemy and instead choose to be
blown-up, shut, etc., and go down "in a blaze of glory."

According to Dr. Turco, the most common situation in which a mentally ill person is assisted
in suicide by a police officer is when a mentally ill person who is simply depressed is acting out in
rage toward a parent or parent substitute (in psychiatric terms, an introjected object) and has
effectively cast the police officer in the role of depressed parent. As a result, the individual brings
about his own demise while flaunting authority. In such cases, police officers may feel guilty to
varying degrees, demanding treatment.

Hostage Situations

1. Hostage taking is common in officer suicide scenarios. This necessitates police officers on the
scene being able to properly diffuse the situation and/or persuade the hostage taker not to hurt the
hostages or himself. As a result of such occurrences, hostage negotiation abilities are crucial. In order
to build a negotiating plan and cooperative team effort with the tactical unit, detailing with hostage
events, necessitates setting up cost, establishing a command post and support people for the
negotiator, and good intelligence gathering.

2. The following are some suicide warnings, signs: The individual determines when he or she will die.
3. Mentioning the names of persons who have died and speaking about them as if they were still
alive or implying that he or she will be with them soon.

4. Making verbal comments of preparations for the disposition of "worldly commodities" by giving up
"prized possessions," such as wrist watches, rings, and other items he or she holds at the time of the
discussions.

5. The subject may adopt a hostile bargaining posture with the cops.

6. Making a public confession of one's desire to die.

7. Making biblical allusions, particularly to the Book of Revelations and the resurrection.

"The resolve to commit suicide many times fades or is diminished if the person is contained
and allowed to articulate and ventilate his or her problems," according to Bolz, a recognized
authority on hostage negotiations. Many times, in hostage barricade situations, tactical people
inadvertently contribute to the perpetrator committing suicide by police, because they do not
understand the situation.

Investigative Considerations

Suicide-by-cop incidents should be investigated in both homicide and suicide cases. The
procedures used in the investigation should not just focus on the homicide component, but also on
therapeutic issues and suicide dynamics. The reality of police-related shootings is that the burden of
proof is on the investigating agency to identify and explain exactly how and why the occurrence
occurred. Furthermore, most police-related shootings will result in civil lawsuits. As a result, it is
critical that the police investigation consider not just only the legal aspects of the shooting, but also
whether or whether the incident and police conduct were compatible with that agency's department
policy. The elements and facts show the victim precipitation in other places.

Kidnapping for Ransom Investigation

Kidnapping has become a serious and increasing risk to expatriates and travelers in several
parts of the world. It is particularly prevalent in states where Western governments or corporations
are perceived as the enemy, where large disparities in wealth occur, and where corrupt and
inefficient law enforcement acts as enabler and incentive to crime. Criminally motivated kidnap - for
money-is usually over relatively quick, often in a matter of days or weeks. Political and terrorist
kidnaps undertaken for a myriad of reasons, can be more complex and continue unresolved tor
months or even years. Most are settled peacefully, almost all for a ransom.

Victims are selected for a number of reasons: perceived monetary worth or political value,
media profile, case of access and general target 'softness'. Bear in mind that in certain scenarios a
captive student backpacker can have just as much value to terrorist kidnappers as a well-guarded
multimillionaire businessman.

Think through the risks and research the aims, profiles and histories of the active local
groups (James H. Jackson).

Kidnap for Ransom Investigation

 Kidnap-for-Ransom is a criminal act more particularly described as the unlawful taking and
carrying away of a person by force or fraud and against his will or in any manner, depriving him or
her of his or her liberty the purpose of extorting ransom as payments for this release.

Legal Definition

Article 267 of the Revised Penal Code, as amended, covers the crimes of kidnapping and
serious illegal detention. It provides that any private individual who shall kidnap or detain another, or
in any other manner deprive him of his liberty, shall suffer the penalty of reclusion Perpetua to
death:
1. If the kidnapping or detention shall have lasted more than five days.
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have Been made.
4. If the person kidnapped or detained shall be a minor, female, or a public officer.

The penalty shall be death where the kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even if none of the circumstances
above-mentioned were present in the commission of the offense.

Section 8 of Republic Act No. 7659 Amended Article 267 of the same Code to read as
Follows:

Art. 267. Kidnapping and serious illegal detention. Any private individual who shall kidnap
or detain another, or in any other manner deprive him of his liberty, shall suffer the penalty of
reclusion Perpetua to death:
1. If the kidnapping or detention shall have lasted more than three days;
2. If it shall have been committed simulating public authority.
3. If any serious physical injuries shall have been inflicted upon the person kidnapped or
detained; or if threats to kill him shall have been made:
4. If the person kidnapped or detained shall be a minor, except when the accused is any of
the parents, female, or a public officer.

The penalty shall be death penalty where kidnapping or detention was committed for the
purpose of extorting ransom from the victim or any other person, even I of the circumstances above-
mentioned were present in the commission of the offense.

When the victim is killed or dies as a consequence of the detention or is raped or is

subjected to torture or dehumanizing acts, the maximum penalty shall be imposed (F.G. Montojo
2007).

Kidnapping has come to mean any illegal capture (and Detention) of persons against their
will, regardless of age, as for ransom. When two countries are at war, enemy soldiers may be taken in
another country and held as prisoners of war under the laws of the capturer's country, and
suspected war criminals, genocide suspects, and those accused of crimes against humanity may be
arrested.

Kidnapping can also occur in the case of deprogramming, a common method used to
persuade someone to abandon their allegiance to a new religious organization (described by
opponents as a cult or sect) that the deprogrammer believes is detrimental.
 Kidnapping is now considered a terrorist act. For example, in the 1980s, certain U.S. Citizens
have been targeted.

Terrorist militants in Lebanon abducted and held him captive. In Afghanistan and Iraq, in
particular.

It would be impossible to kidnap someone without also committing false imprisonment,

which is defined as confining someone without their consent or knowledge. It will also be illegal to
use force to take and detain anyone, and sexual offenses may be committed while they are being
held.

The abduction of a woman for the purpose of prostitution in concubinage is known as

abduction. In most jurisdictions, abduction also includes the taking of a female under the age of a
certain age for the purpose of marriage. Kidnapping is often confused with abduction.

Purpose of Kidnapping

Kidnapping is resorted to in order to accomplish any of the following:

1. Slaves were often kidnapped and sold in the slave market.
2. Sailors were shanghaied, or kidnapped, and forced to work on ships.
3. During the early 1800's, ships were occasionally stopped and entire crew forced, to work
on other ships.
4. An illegal arrest is actually a form of kidnapping.
5.Fleeing criminals often kidnap one or more people and hold them as hostages to reduce
the chance of being captured.
6. Kidnapping has also been used by political terrorists seeking to force governments to meet
their demands.
7. Kidnapping is resorted to for ransom or reward (F.G. Montojo 2007).

Kidnapping in the Philippines

In the Philippines, "acts of terrorism “have been resorted to by the so-called domestic threat
groups in furthering their respective causes. These are the local communist movement, the
secessionist movement, and the Abu Sayyaf Group. Overtime, their guerilla/criminal activities have
acquired adherents, to a certain extent, to their cause by exposing popular and critical issues against
the duly constituted government. Bombings, bus burning, and kidnappings are just some of their
major "acts of terrorism."

Of late, kidnapping activities perpetrated by criminal groups, became quite sophisticated,

including obtaining inside information about net worth of assets and knowing which families were
holding large sums of cash. Their targets include local and foreign tourists, and Chinese Filipino
nationals.

There are strong indications that the Southern parts of the Philippines are being utilized by
the ASG kidnappers to hide their victims while negotiations are going on. Authorities believed that
these kidnappers are somewhat connected with some domestic threat groups such as the MBG and
the MILF.

The Secessionist Movement

 The Philippines is an ethnically diverse nation with Muslim "problem”. The Americans and
Spanish both had difficulties understanding and controlling the Muslims. Islam first came to the
southern islands courtesy of Arab Traders sometime in the 15th century, and has been part or the
fabric of this place ever since. Large portions of Mindanao and the Sulu and Tawi- Tawi archipelago
are predominantly Muslim. At least 10 other provinces have their own imams, and there are about
half a million Muslims in Metro Manila. Shortly after World II, the Philippines government began
encouraging Christians to settle in Mindanao, and there has been sporadic conflict in the region since
the early 1970's. The three major Muslim groups are:

1. Moro National Liberation Front (MNLF). This Islamic separatist group in the Philippines had high
visibility in the early 1990s, with an estimated 15,000 heavily armed troops. The MNLF was led by
Nur Misuari, who had studied in the Middle East. The MNLF's negotiated settlement with the
government in 1996 led to the creation of the Autonomous Regions of Muslim Mindanao (ARMM),
of which Misuari was promptly elected governor.

2. Moro Islamic Liberation Front (MILF). Until the emergence of Abu Sayyaf Group, the MILF was the
most violent of the Islamic anti-government groups. The MILF was probably behind the mall
bombings in Manila, and explicitly claimed responsibility for bombing the Philippine Embassy in
Jakarta. MILF forces are believed to be strongest in Lanao del Norte, Lanao del Sur, Maguindanao,
and North Cotabato. The MILF has just reached a negotiated settlement with the Philippines
government.

3. Abu Sayyaf Group. Although still relatively small, this group is the one that got everybody worried.
Heavily armed, thanks to scads of ransom money, the Abus are having no problem getting new
recruits in poverty-stricken Mindanao. The group was formed by Abdurajak Abubakar Janjalani, an
Islamic scholar who had received military training in Libya and fought in Afghanistan. After he was
killed in 1998, his younger brother Khaddafi took over the reins. Abu Sayyaf, more or less openly
supported by Libya and (less openly) by certain other Middle Eastern regimes, was responsible for
the series of kidnappings in the Philippines and few countries within the Asia Pacific Region, (F.G.
Montojo 2007).

Organized Crime and Various Criminal Syndicates (F.G.Montojo 2007)

There are numerous criminal groups that resort to kidnappings for ransom. To name a few of these
groups.
1. Kuratong Baleleng Gang in Luzon
2. Kidnap for Ransom Gang under Benifredo Acabal in Luzon
3.Waray-Waray Kidnap for ransom group in Visayas
4. Digma Kidnap Gang under Larry Santiago, alias Ka Peter in Mindanao
5. Pentagon Kidnap for Ransom Gang under Kurato Tapuyak in Mindanao
6. Kidnap for Ransom Gang under Allan Niegas in Visayas

Quiet Ransom Payments

It appeared increasingly likely that, despite blanket denials, several Filipino hostages who
either "escaped" or were released by Abu Sayyaf guerillas actually met rebel ransom demands. Ten
million pesos transferred to a Manila bank (the rebels maintain back accounts in proxy names and
coordinate deposits via cellphone) reportedly led to the escape of one businessman, Reghis Romero
Another Filipino, 50-year-old Frances Ganzon was released along with 13years old, Kimberly Jao Uy
Both had family member who allegedly escaped earlier during the ordeal to negotiate. Again,
hundreds to thousands of pesos were reportedly moved between bank accounts in private cash-for-
hostage deals. The government has refused to comment.

Roger Yeo was released on June 10 by common criminals after his wife, Ng Yiong Hua, paid a
reported 8.3 million pesos ransom. He is the fourth Singapore businessman to be kidnapped in
Manila. And, as with many kidnappings here Yeo is free, and the criminals are long gone (F.G.
Montojo 2007).

Elements of Kidnap for Ransom

The following must be proved in order that one may be held liable under Article 267 of the Revised
Penal Code:
1. That offender is a private individual.
2. That kidnaps or detains another or, in any other manner, deprive the latter of his liberty.
3. That the act of detention or kidnapping must be illegal.
4.That, in commission of the offense, any of the circumstances as enumerated under Article
267 of the Revised Penal Code is present.

Essential Elements of Kidnapping

The essential element or act which makes the offense of kidnapping is the deprivation of an
offended party's liberty under, any of the four instances enumerated in Article 267, paragraph 1, of
the Revised Penal Code, the illegal detention of the victim for more than three days being one of the
instances.

Definition of Ransom

The last paragraph of Article 267 having been deprived from statutes of the United States,
particularly the Lindbergh Law, American Jurisprudence has application. Under American rulings,
ransom is money, price or consideration paid or demanded for redemption of a captured person or
persons, a payment that releases from captivity.

Motive for Kidnap for Ransom

Although kidnap-for-ransom is punishable by death, the proposed to tremendous amounts

of money which could be amassed from the ransom paid by the victim or her family offsets the risk
involved on the party of the perpetrator.

Modus Operandi used by Kidnappers.

These organized groups of perpetrators usually operate in three's or more. Normally, they
don't live together in the same place. They only group together when they are about to hold their
activity. First, they survey their would-be victim from the residence to the place or work or school
and back. After a careful surveillance and planning, they would kidnap the victim at an opportune
time and place. This is done by blocking the latter's vehicle with their own. The victim is then brought
to a pre-designated place, usually outside urban areas where their own companions are waiting.

Essential Steps in Dealing with Kidnap-for Ransom Situation

 If, despite precautions, you are forced to deal with a kidnap situation wherein a loved one is
abducted for ransom, maintain composure and use quick thinking, especially when receiving a
kidnap call before the police authorities arrive.

1. Follow the Cardinal Rule

a. The cardinal rule is "never deal with kidnappers alone" for this will lessen chances of
apprehending the perpetrators and will also gravely affect the chances of safely recovering the
victim.
b. Stay calm by keeping in mind that the kidnappers have two compelling reasons for keeping their
victims alive:
 No victim, No ransom. Most kidnappers even make it a point that the victim communicate
with his or her family through the phone to tell them that he or she is alive and is being
treated well.
 The captors know that murder and /or rape are punishable with death, compared to
relatively lighter sentences for kidnapping.

2. Negotiate Effectively

Affected family members cannot effectively negotiate with kidnappers due to stress; anxiety
and fear for the loved one. On the other hand, kidnappers are hard to deal with because of their
agitated, warped state of mind and their fear of being caught or killed. Any negotiation must,
therefore, be conducted with help of the police authorities for they have more experience in dealing
with these types of persons and situations.

3. Cooperate with Police Authorities

Upon the police authorities' response, give information of the following:

a. Victim's complete name, including the maiden name of the married woman;
b. Subject's address, including all residence he or she has kept:
c. Telephone numbers.
d. Complete physical 'description, including birthmarks and other distinguishing features.
e. Names and description of spouse and children.
f. Names, addresses and phone numbers of children's school.
g. Names, addresses and phone numbers of the victim's physician.
h. Names, addresses and phone numbers of family members and relatives who are to be
contacted in emergency cases.
i. List of hobbies and activities of the family.
j. Make, model, color, and tag of plate numbers of each vehicle owned, including cars, boats
and recreational vehicles.
k. Credit cards and their numbers.
l. banks and other financial institutions that the family deals with.

4. Use of Code Words

a. Identification Code

This is a key word known only to executive and security director or, security director or, in
general application, known only to victim and one trusted person. The victim must give this word to
the kidnappers who, in turn, will say this to the family in order to determine the genuineness of the
kidnapping. This will also prove that the subject is still alive when he divulges the word to his captors.
b. Negative Code

This offers a way for the victim to make known what says or writes is not true. For example,
if the word is "Wow", they are treating me well" actually means the opposite.

Kidnapping Identification Code

This word identifies the kidnappers. If other persons claiming to be the kidnappers call but
not say this word, then the call should be dismissed as a prank.

5. Observe Life Saving Measures

a. Do not publicize the kidnapping. Full media coverage might panic the kidnappers and
imperil the victim's life.
b. Make sure that the family members do not mention the kidnapping toothers.
C. Guard the victim's kin because the kidnappers might try to reinforce their demands by
taking other members of the victim's family.
d. Make sure that the police authorities have a quick access to the affected family.
e. Preserve the scene of the crime and keep everything as at the time of kidnapping.

Basic Objectives during Rescue Operations

By priority, the basic objectives of the police special operating units handling kidnap-for-
ransom cases are the following:
1. To ensure the safety of the victim is a paramount consideration that take precedence over all
other. Utmost care is, therefore, exercised in the conduct to rescue operations.
2. To understand and minimize the mental anguish and agony of the victim’s family and friends.
3. To achieve the early liberation/salvation of the kidnapped victim.
4. To ensure the recovery and return of the ransom money intact.
5. To ensure successful case build-up and prosecution of cases against suspected kidnappers.
6. To prepare for any similar eventually that may ultimately endanger the preservation of internal
peace and order.

Investigation of Kidnapping for Ransom (PNP Investigation Manual 1992)

Here are important things to be considered in dealing with the kidnap for ransom case, not
only by the investigators, but also the families and relatives for the kidnap victim:

1. Precautions
a. Avoid any indication that police authorities have been informed of the kidnapping.
b. Avoid publicity of any kind.
c. Contacts by the police authorities with relatives of the victim should be in a neutral place
to avoid detection of police to avoid detection of police investigation.
d. If police authorities are positive that the case in question is kidnapping and not an
ordinary missing person case investigation.

2. When Demand for ransom is made by telephone

a. Steps should immediately be taken to legally record all telephone conversations with any
member of the kidnappers.

b. Make necessary legal arrangements to trace cell made by the kidnappers.

 c. Convert surveillance of all places where telephone calls were made should be conducted.

d. In receiving a kidnap call, the following must likewise be observed.

1. try to signal someone to listen on another extension
2. Keep the caller online for as long as possible.
3. Do not antagonize the kidnapper.
4. Give the kidnappera code word later identification.
5. Ask the victim's name, where and when he or she was seized.
6. Make written record of the caller's age and sex, mental state,peculiarity of speech.
7. Notify security office at once.
8. Tell no one else about the call.

3. When Demand for Ransom is in Writing

Demands for ransom in writing call for careful handling of the written communications for
possible lifting of latent fingerprints. Hold the letter by its edges and save the envelope in which note
was placed.

Negotiation. Ransom demand may range from PhP1 million to PhP100 million, depending on
the paying capacity of the victim and the operational capability of the group. The weakest member
of the victim's family is usually selected by the syndicate to act as negotiator, warning the latter not
to report the incident to the concerned police authorities.

Collection of ransom. After the ransom has been negotiated, the group will design a pay-off
procedure. The ransom is usually brought to a pre-designated site. In some pay-off situations
however, the ransom courier is usually instructed to bring along cellular phone for ease of
communication during the actual pay-off. There were couriers given a round-the-bush before
reaching the final pay-off venue. Professional groups normally release the victims after the pay-off
had been secured (F.G. Montojo 2007).

4. When Contact is made with the Kidnappers

Instruct the relatives of the victim to request the kidnappers to show proof that the victim is
still alive.

The victim's relatives may ask the kidnappers to reduce the amount of the ransom.

Even with the "no ransom policy" of the government, it was noted that the victim's family
easily gives in to the demands of the kidnappers, with minimum negotiations. Usually, kidnapping
victims are released in 3 to 6days, after ransom money has been paid.

5. Agreement: Amount, Place, Manner of delivery

a. Denomination and serial numbers of the bills must be recorded.

b. The designated place for the delivery of the ransom should as much as possible be placed
under surveillance in such a way to avoid possible detection.
The purposes of the surveillance are:
 To be able to tail the suspects in the hope that they will lead thepolice authorities to
the hide out.
 To identify the kidnappers for the follow up investigation.
 c. The kidnapper's demands and instructions as to the time place and manners should be
strictly followed.

6. If the Victim has been Returned

a. Conduct the necessary investigation for the identification and arrest of the kidnappers.
b. All investigative techniques likely to lead to the identification and arrest of the kidnappers
should be utilized.

7. The Kidnap Victim’s Conduct

There are no rules of conduct the kidnap victim can follow which will assure his or her
release or human treatment. However, there are somethings that a kidnap victim may do which will
help to protect him or her:
a. It is generally best to do what the kidnappers say.
b. Stay calm.
c. Try to establish a dialogue with the kidnappers.
d. Observe and feel about your surroundings.
e. Leave your fingerprints around the room where you are held.
f. Carefully listen to all conservations between the kidnappers.
g. If the police assault the building in which you are held, drop to the floor and use any cover
you may find.
h. Never tell the kidnappers that you can identify them later.
i. Try to delay matters, as much as possible without making the kidnapper suspicions.

Robbery

The historical view of robbery is somewhat paradoxical. Early English literature is filled with
accounts of the bold and daring, highwaymen or the Robin Hood genre. In the United States, literally
hundreds of robbers - from Jesse James to John Dillinger have been portrayed as true folk heroes.
Yet, despite the traditional fascination with this offense, robbery has had a tremendous negative
impact on the public. The fear has resulted in self- imposed imprisonment. The dread of becoming a
robbery victim has driven the old and young alike, the poor, inner-city resident, and the affluent
suburbanite, behind their own locked doors.

Article 293 of the Revised Penal Code defines robbery as: Any person who, with intent to
gain, shall take personal property belonging to another, by means of violence or intimidation of any
person, or using force upon anything shall be guilty of robbery.

Elements of the Crime of Robbery:

1. Intent to gain.
2. Take property belonging to another.
3. Use violence or intimidation on persons.
4. Use force upon things.

Article 295 to 305 of the same Code list the circumstances that robbery is committed and prescribe
the corresponding penalties.

Patterns of Robbery (Mc Clintock and Gibson)

1. Robbery of persons employed in positions placing them in charge of money or goods. Examples
are robberies of banks, stores, offices, jewelry stores, or other sites where money change hands.
2. Robbery in open areas. This includes muggings, street robberies, and purse snatchings.
3. Robbery on private premises. This represents crimes in which robbers break into homes and rob
residents.
4.Robbery after preliminary association of short duration. These types of robberies typically occur as
a consequence of a chance meeting at night spots party, or a sexual encounter.

5. Robbery after precious association of some duration between victim and offender. These are
considerably less common than strangers, stranger robberies, which account for an estimated 75
percent that total.

Robbery Types (J. Gilbert,2004)

Street Robbery

Street robberies are those offenses occurring on public streets, thoroughfares, or other
outdoor localities that are not obstructed from public view. Fifty percent of all robberies fall into this
category. The typical street attack involves as a young suspect and an obviously vulnerable victim. A
substantial proportion of strong-arm robberies occurs in the street, as do those purse snatches
classified as robberies.

Residential Robbery

Residential robbery takes place whenever an offender forcefully, or by deceit, enters the
domicile of a victim, while the victim is present, for the purpose of taking that person's possessions
and valuables. Fortunately, individuals who enter a residence for the purpose of committing a
robbery are relatively rare. Communities that have experienced true residential robberies are
understandably alarmed, and demand prompt action by their police agencies. Although the majority
of residential robberies involve burglars who are surprised by returning residents, the true residential
robbery also known as home invasion robbery, involves an offender who is aware that the home is
occupied and gains entry by force or false pretense.

Vehicle-Related Robbery

In the business vehicle robbery, the operator of some commercial type of vehicle is
victimized. Taxicab drivers and delivery van operators are particularly prone to this type of offense. It
has been found that the geographic area in which a driver works affects the likelihood of
victimization. For example, taxicab robberies occur with great frequency in inner-city areas. Most
vehicle robberies occur during the evening, except for delivery van robberies, which are common
during the afternoon hours. The taxicab driver is victimized more often than delivery drivers and also
runs the risk of serious physical injury. A common method of operation is for the robber to give the
driver an address in a quiet, secluded area and, upon reaching the destination commit the offense.
Taxicab drivers are primarily selected as victims because of the cash they carry. Since vehicle robbers
tend to be violent, many cab drivers are assaulted, even murdered, following the robbery. The
frequency of violence associated with taxi robbery is extremely serious, as taxi drivers have the
highest proportional rate of on- the-job homicide of any occupation in the United States.

Commercial Robberies

Robberies perpetrated against any type of profit-oriented operation (e.g., banks, jewelry
stores, or grocery stores) are classified as commercial robberies is that the looted structure normally
contains cash or other valuables and is not a residence. Majority of commercial robberies are of
small businesses and stores, with the chain store and convenience operation frequently selected for
victimization. Commercial robberies often occur in stores that are located in out-of-the-way places
and/or are run by lone or elderly clerks.

Payroll Robbery

The large payroll is usually taken from a plant or factory and entrusted for transport to an
officer or paymaster, this type or robbery is taken by criminals numbering from four to six men. The
small payroll may be entrusted' to cashier who draws it from the bank. The small payroll may be
taken by a lone robber or robbers who operate in pairs. (F.G. Montojo, 2007)

Armored Vehicle Robbery

The criminals who commit this type of robbery are thoroughly experienced. They go to the
greatest pains in preparing plans for its commission. They are known to use two or more modes of
transportation, to include motorcycles, cars, vans, speedboats, and even airplanes.

As part of their strategy, they even use a hearse, a pushcart, and other types of business
vehicles. They disguise as peddlers, mechanics, street cleaners, construction workers, policemen, etc.
Armed with sophisticated firepower to include tear gas, they work rapidly and in precision.
Sometimes they operate on tips furnished by dishonest employees. (F.G. Montojo, 2007)

Gambling Games Robbery

The professional criminals or the hardened criminal mob commit this type of robbery. They
target clubs or private homes where gambling is held. They also operate on crap and other gambling
games conducted in lofts, garages, cellars, poolrooms, piers at construction sites on payday
conducted by the workers. (F.G. Montojo,2007)

Types of Robbers (M. Lyman, 2002)

Conklin developed another well-known typology of robbers. Rather than focusing on the
nature of robbery incidents, Conklin organized robbers in the following types:

1. Professional Robber. The professional robber is characterized as having long-term commitment to

crime as a source of livelihood, planning and organizing crimes before committing them, and
pursuing money to support a particular lifestyle. Professionals may be robbers exclusively or may be
involved in other types of crime as well. The professional robber recognizes robbery as a type of
crime that is quick, direct, and profitable. The "pro" might typically effect three or tour "big scores a
year to support himself, all well-planned, and sometimes While working in groups withs pecifically
assigned tasks for all group members.

2. Opportunistic Robber. The opportunist will steal to obtain small amounts of money when he or
she identifies what seems to be a vulnerable target. Examples of opportunist targets are cab drivers,
drunks, and the elderly. The opportunist is typically a younger perpetrator who does not plan the
crime well (e.g., use of weapons, getaway car). Typically, he or she operates in the environment of a
juvenile gang.
3. Drug addict Robber. The drug addict robs to support his or her drug habit. Unlike the professional,
he or she has a low commitment to robbery because of its danger but a high commitment to theft
because it supplies much-needed funds. Although the addict is less likely to use weapon, he or she
will be less careful in selecting victims and carrying out the crime.

4. Alcoholic Robber. Excessive consumption of alcohol may cause persons to enter robbery as a
criminal alternative. Alcoholic robbers plan their crimes randomly and give little consideration to
victim selection, escape, or circumstances under which the crime will be committed.

INVESTIGATION PROCEDURES (J. Gilbert,2004)

The investigation of robbery poses many of the problems inherent in person-to-person

crime. When victims and witnesses are confronted by an armed suspect, their perceptive abilities are
diminished. The presence of a weapon further limits perception, as will any violent action. Since the
typical robbery involves a dangerous weapon and an emotionally disturbing atmosphere, the inquiry
cannot rely on descriptions as the primary tracing means.

Method of Operation (MO)

Because the suspect's identity is almost always unknown to the victim, the investigator's first
and foremost goal is to find it out. Modus operandi has always been considered a strong tracing
element in the robbery investigation. Many criminal groups have fixed methods of operation, and
robbers tend to develop a methodology early in their careers from which they rarely deviate. Unless
a robbery offender becomes aware that a method of operation may provide a tracing clue to uncover
the offender will conform to the actions naturally developed during initial robbery attempts.
Regardless of the specific category of the robbery, certain method of-operation traits prevail. The
great majority of robberies involve the following elements:

Selection procedure
1. Entry method.
2.Initial actions prior to the display of force.
3. Display of force.
4. Method of acquiring the object of the robbery.
5. Actions prior to escape; and
6. Escape method.

The criminal investigator constantly investigates occurrences after the fact to develop leads
and subsequently learn the offender's movements from initial to post robbery. If the robbery is other
than a typical street mugging, the perpetrator will have utilized some selection process. Such
procedure ranges from sophisticated surveillance of a bank to a two-minute observation of a gas
station. The question the investigator must attempt to answer is why and how did the robber select
his victim or the establishment? Resolution is often difficult, and the question may remain
unanswered unless additional information-is developed or the offender is arrested. It may be that
the victim was selected for his or her appearance or that the store was selected for its locality. If it is
believed that a pre-robbery surveillance was conducted, a careful neighborhood inquiry should
follow. Neighbors, shopkeepers, or any person who is usually in the area at the time the robbery took
place should be questioned regarding the observation of suspicious persons or automobiles. The
success of such neighborhood canvasses will depend on the accuracy of the descriptions given.

Following the selection procedure inquiry, the officer attempts to reconstruct the method of
entry. Did the suspect walk into the store without obviously displaying a weapon? Or did the suspect
run through the door with a disguise or mask in place? Next, the perpetrator's actions immediately
prior to announcement of the robbery should be determined. Was some stalling type of action
involved? Generally, food store robbers pose as customers, waiting for the store to empty out. Bank
robbers often walk to a table in the center of the lobby and pretend to write a deposit slip or feign
some other activity. Such actions are quite fixed and will be repeated in successive robberies.
The display of force is very important to the modus operandi of the offense. Fortunately, this
event in the robbery sequence is one of the most memorable in the mind of the victim. The
investigator needs to know how the offender indicated that a robbery was in progress. Did the
suspect shove a weapon at the victim and yell "This is a holdup! or did the suspect hand a note to
the victim, remaining silent? The manner in which money or property was acquired can normally be
described to the investigating officer by the victim. In. some instances, however, the suspect forces
the victim and witnesses to turn away, or to lie face down while the object of the offense is acquired.
Generally, the suspect either directs the victim to hand the money from victim, or personally
acquiring it. Did the suspect walk toward the door and threaten the victim to stay inside and make no
attempt to follow? Finally, a very important method of operation factor and tracing clue must be
determined: How did the offender flee the immediate scene and neighborhood? The victim and/or
witnesses may be able to provide information in this regard, or information may be gained through
the initial neighborhood inquiry.

It is unlikely the investigator will determine complete answers relative to all seven of the
modus operandi elements. However, any information can help to connect the offense to past or
future robberies. By comparing and contrasting the modus operandi information gained in a
particular case to similar robbery methods, the names of prior offenders can be checked as possible
suspect in the case in question. The use or the computer has fortunately reduced the time required
for such checks in many agencies.

The treatment of the victim(s) could also have a bearing on the investigation. For example,
was violence used? If so, what were the damages? Was the victim kicked, beaten, shot, or struck
with the weapon? Other actions might also be Significant, such as:

1. Did the suspect cut the telephone wires?

2. Were the victims locked up?
3. Were the victims tied up?

Typical "Mo" Information for Robbery

1. Type of location robbed
2. Time and day of week
3. Type of weapon used
4. Use or threatened use of force
5. Verbal statements made
6. Vehicle used
7. Object(s) stolen
8. Number of suspects
9. Use of disguises
10. Other peculiarities

The First Officer on the Scene (M. Lyman, 2002).

After receiving a radio call, the first officer's initial responsibility is to arrive at the scene as
quickly and safely as possible. Of the two, safety should be emphasized more than swiftness. The
decision to use equipment such as emergency lights and siren is left to the officer's judgment and
may depend on several considerations. Factors influencing the decision to use emergency equipment
include:

1. Distance to be traveled to the crime scene

2. Amount of traffic
3. Time of day of the call
4. Inability to clear traffic
5. Need to halt assault on a victim

Next, the officer should summon assistance and be prepared to wait for backup before
attempting, to enter the robbery location. When approaching the scene, he or she should be on the
lookout for fleeing suspect.

The Crime Scene (J. Gilbert,2004)

The crime scene is an important starting point in all felony investigations and the robbery
inquiry is no exception. The value of a given robbery crime scene depends on the actions of the
perpetrator before, during, and after the offense. Physical traces and clues may be numerous, or they
may be virtually nonexistent.

Investigators should remember that because of a lack of abundant physical evidence,

robbery scenes may suggest other types of evidence. MOs in connection with any available physical
evidence may help identity the perpetrator and ultimately prove a case.

Physical Evidence

The crime scene should be processed as soon as possible after physical evidence has been
identified. Evidence in robberies may take several forms, including fingerprints, binding material, and
fired cartridges. The value of fingerprints at a robbery crime scene is immense, so it is essential to
conduct a thorough search of all surfaces in or near the scene that the robbers might have touched.
These surfaces include countertops, in doors and door handles, cash registers and computers, and
any furniture encountered by the suspects. In particular, if the robbers handled any paper products
(e.g., notes to bank tellers), such surfaces are particularly good for preserving latent prints and
should be protected and processed.

Binding material, if located, can include strips of tape, such as duct or masking tape, cloth
strips, wire, rope, or any material used to incapacitate the victim. In the event that rope is used as a
restraining device, care should be taken not to destroy any knots. These can be used to a link the
suspect with any specialized technique of tying knots. Such items can be used as comparison items in
the event that similar material is later found in the possession of suspects.

Shell casings or cartridges may also provide important evidence of a robbery. Such items may
bear latent prints of perpetrators or identify the type of weapon used for the crime. In fact, rifling
(impressions) on the sides of casings might be used in linking specific gun with a crime.

In the case of bank robberies, some banks might use bait money to and in capture of the
robbery suspect. When used, bait money is placed in a specially designated bin in a teller's cash
drawer. This cash has its serial numbers prerecorded in the event that it is later found in a suspect's
possession. In other cases, when bait money is removed from a drawer, a silent alarm will be set oft,
notifying local police that a robbery is in progress.
 If it is determined that the suspect posed as a customer and handled merchandise prior to
the display of force, the items handled should be located and processed. If it is determined that the
suspect took money from the cash register r was near a showcase, these items must also be
protected and processed. It is unusual that items will be touched by a robber during the escape, yet
the victim and witnesses should be carefully questioned to determine that all items having even a
remote possibility of contact with the robber’s person should be examined and processed to
determine the presence of the following type of evidence:

1. Fingerprints,
2. Hairs and fibers,
3.Blood or other bodily fluids if indicated, and
4. Soil and footprints.

Certain robbery crime scenes indicate special evidence-processing procedures, a scene in

which a firearm has been discharged or a victim was bound.

Robbery Investigation Outline (F.G. Montojo,2007)

1. Exact location, date and hour of offense. Names of all persons with victim, number of
robbers.

2. Conditions-weather, light, houses, trees, and obstruction in vicinity.

3. Description of perpetrators by all eyewitnesses. Get statements of each person out of the
presence of the others. Get all possible details as to clothing, head coverings, masks,
descriptions of characteristic actions, manner of speech, tone or voice, height, weight, color
of hair, scars, etc.

4. What the victims were doing when the robber first appeared.

5. Exact words used by robber and victim.

6. How many robbers participated, part taken by each? Were they on toot? If robbers used
automobiles, get description of car, color, make, type, number, distinguishing characteristics.

7. Examine roadway for tire tracks of car used.

8.Weapons used ascertain whether victim is familiar with weapons of that type or drawing
on his imagination, manner weapons were hold and which hand was used.

9. Were victims tied or gagged? Get accurate details, particularly manner of tying knots.

10. Weapons found where, when, in whose possession, now were they located, loaded or
unloaded when found.

11. Stolen property found by whom, when and where, how traced.

12. Pay special attention to "modus operandi (the mode of operation).

Theft
 The most commonly committed crime of personal gain is theft. Article 308 of the Revised
Penal Code defines theft as a crime committed by any person who, with intent to gain but without
violence against or intimidation of persons nor force upon things shall take personal property of
another without the latter's consent. Theft is likewise committed by:
1. Any person who, having found to possess lost property, shall fail to deliver the same to the
local authorities or to its owner.

2. Any person who, after having maliciously damaged the property of another, shall remove
or make use of the fruits or object of the damage caused by him; and

3. Any person who shall enter an enclosed estate or a field where trespass is forbidden or
which belongs to another and without the consent of its owner shall hunt or fish upon or
shall gather, cereals, or other forest or farm products.

The following are examples of theft:

1. Pocket picking
2. Breaking into the coin machine
3.Purse snatching
4. Shoplifting
5. Stealing bicycles
6. Stealing motor vehicles
7. Stealing valuables left in unattended buildings
8. Stealing motor vehicle accessories

Elements of Theft

1. Takes and carries away

2. The personal property
3. Of another
4. Without consent and with the intent to steal

Motor Vehicle Theft (Carnapping)

Since the turn of the century, the advent of the automobile has either directly or indirectly
changed the lives of all people. Its impact has inspired both positive and negative uses. Indeed, it has
not only enhanced private lives, business and public organization but has offered criminals innovative
ways of transportation to transportation to and from their crimes. The value and utility of the motor
vehicle has, therefore, become deeply ingrained in today's society.

The volume of carnapping in the country from 1991 to 1997 has raised up to a total of
12,840 motor vehicles of different type but usually the latest model and the police recovery
efficiency was just only 54, 24%,

Carnapping (PNP Investigative Manual)

What is meant by the term "carnapping"? How is it committed?

"Carnapping" is the taking, with intent to gain, of a motor vehicle belonging to another without the
latter's consent, or by another without the latter's consent, or by means of violence against or
intimidation of person, or by using force upon, things (Sec 2, RA 6538).

What are the elements of carnapping?

 1. Unlawful taking
2. Intent to gain
3. Motor vehicle belonging to another
4. Lack of owner's consent
5. Use of violence against or intimidation of persons, or force upon things

What is a Motor Vehicle?

"Motor vehicle" is propelled by means other than muscular power using public highways, but
excepting rollers, trolley cars, street sweepers, sprinkles, lawnmowers, bulldozers, graders, forklifts,
amphibian trucks and cranes if not used on public highways; also, vehicles which run only in rails or
tracks, and tractors, trailers and traction engines of all tractors, trailers and traction engines of all
kinds used exclusively for agriculture purposes. Trailers having any number of wheels, when
propelled or intended to be propelled by attachments to any motor vehicles, shall be classified as
separate motor vehicles with no power rating (Sec. 2RA 6538).

How can one detect a stolen motor vehicle?

1. Lack of license plate number
2. Sporting improvised plate
3. If the vehicle appears to be abandoned
4. Sporting a fake license plate or stickers
5. Having no sticker for the current year
6. If the vehicle appears to be haphazardly painted
7. If the plate number does not correspond' with the year/model of the vehicle

What are the possible signs of fraud in transactions relating to the transfer of motor vehicles?
1. When the seller offers to register the motor vehicle on behalf of the buyer.
2. When the price is inconceivably below the prevailing market price.
3. If the seller cannot present original copies of supporting documents, i.e., CR, OR Deed of
Sale, regarding his ownership of the motor vehicle.
4. Obviously falsified supporting a third party rather than the actual owner appearing in the
CR.

How does one obtain a motor vehicle clearance?

Applicants for clearance are required to bring the vehicle desired to be cleared to HPG
Headquarters in the regions/provinces for stenciling/macro-etching of its motor chassis numbers. At
the same time, the applicant must present the following:

Clearance for Transfer of Ownership:

1. Xerox copies of the vehicle's Certificate of Registration
2. Deed of Sale
3. If the vehicle is covered by an existing mortgage, a xerox copy of the Chattel Mortgage release
or, in the proper case, the deed of sale with assumption of the mortgage obligation which must
bear the conformity of the mortgagee.

Clearance for original registration:

1. Xerox copy of the dealer's receipt
2. Xerox copy of the LTO' certificate of dealer's report

Clearance for change of motor/chassis/color:

 1. Xerox copy of the vehicle's CR and latest OR of payment of LTO fees
2. Affidavit stating the change of motor/ chassis/color and the circumstancesthereof

Clearance to rebuild/assemble:
1. Affidavit stating the circumstances of rebuilding of a unit from knockdown parts
2. Dealer's receipt of all the parts involved
3. The LTOs certificate of dealer's report to LTO covering the chassis/engine

(Qualified) Theft of Motor Vehicles. Consider the following:

1. Where the motor vehicle was stolen
2. Time when it was parked
3. Time the car theft was discovered
4. How was the car possibly taken
5. Complete description of car (Get the registration papers, if possible.)
6. If car was stolen from residence, look for footprints, tire marks of vehicles used by suspects,
tools or implements left behind.

Follow-up Investigation
1.Surveillance of known fences and car repair shops, and exchanges known to be storage
places tor stolen (carnapped), vehicles.

2. Identification of the suspect by victim from mug shots in your rouges' gallery or those
being kept by other agencies.

3. Gathering of information from informers and informants about past, present and future
activities and plans of known carnappers and carnapping gangs; number of carnappers
belonging to the gang and their names, aliases, physical description, weakness (drug-addicts,
fondness fora certain type of gun, fondness for alcoholic drinks and beverages, etc.) their
hangouts. (Clubs, barbeque plazas, cafeteria, etc.)

4.Gathering of information of favorite storage places and garage of carnappers and

carnapping gangs.

5. Follow-up investigation of recovered cars and other motor vehicles

6. Check registration papers deed of sale and other papers (Customs records if car is
imported) concerning the recovered car presented by the possessor of the car with the LTO,
etc.

7. Requests Forensic Chemistry Division to have the motor and chassis numbers and paints
examined (to find out whether motor and chassis numbers have been tampered with and
whether it was repainted, and if so, for their restoration and determination of the original
color).

8. If engine and chassis numbers have not been tampered with, trace the owner from whom
the said car was carnapped or stolen.

9.Request the owner to present his papers of ownership and conduct an interview as to the
circumstances of the loss; take sworn statement, show mug shots of the suspects themselves
 if they have been arrested; include in the interview questions as to whether the victim has
means of identifying the motor vehicle other than, through the motor and chassis numbers.

10. If motor and chassis numbers have been tampered with, bring the motor vehicle to the
plant of the company which assembled the vehicle to identify the owner by secret numbers
the plant has placed in the car.

11. If the owner has been identified this method and by going through the records in the
office or the car company, contact the owner, bring him to the office and follow the
procedure above.

12. Interview the possessor as to the person(s) from whom he acquired the motor vehicle
recovered from him.

13. Trace this person(s) for questioning and investigation.

14. It suspect(s) have been arrested, question them regarding the 5 "W’s" and 1 "H” not only
regarding the recovered car but also past robberies or threats committed their knowledge of
other carnappers and gangs of carnappers, their cares of operation, physical description,
names, aliases, hangouts, residence, etc.

15. Check the records of arrested suspects.

Motives of Motor Vehicle Theft (M. Lyman,2002)

1. Joyriding. For years, joyriding has ranked as the premier criminal motivation for motor vehicle
theft, committed primarily by juvenile's offenders. Since the mid-1970s, however, the average age of
the auto-theft criminals has risen steadily. Which typically in the company of friends, the juvenile
auto theft steals a car for enjoyment for short periods. When the ride is over, the vehicle is
sometimes stripped of certain resalable items, such as cellular telephones, radio equipment, and so
on. Tracing personal effects left in a vehicle is difficult because frequently the identification numbers
of the items have not been prerecorded by the victim.

2. Theft for Resale. Hard criminals have found motor vehicle theft for resale to be highly profitable
with minimal risk. Many methods are used to dispose of stolen vehicles. For example, many are
transported to foreign countries for resale. Although this involves elaborate transportation- schemes,
once the vehicle makes it into the hands of the foreign car buyer, its chances of being recovered are
minimal. Included in this category are luxury cars and heavy equipment, both of which will
frequently bring much higher illicitprices than the vehicle is actually worth.

3. Transportation for Other Crimes. In addition to the profit motive, stolen automobiles have been
stolen for the use in the commission of other crimes. Here the vehicle may either be used as
transportation to and from various crimes or used in the crime itself. This helps insulate the criminal
from detection by not having to use his or her own vehicle in the perpetration of the crime. The
availability of potential target vehicles and the opportunity to steal them will typically dictate which
type of vehicles is chosen, one of the greatest problems in investigating stolen vehicles is the ability
of the law enforcement officers to "read” a vehicle properly as one that has been stolen.

4. Stripping and Chop-shop Operations. The high profitability of stolen motor vehicles has created a
secondary market for sorts for auto thieves. This commonly markets the parts of certain stolen autos.
The term chop shop and stripping operations refer to locations where stolen vehicles are disposed of.
In a typical stripping operation, a stolen vehicle is taken to a location, typically a private garage in an
unpopulated residential area of town. Such garages are usually rented by people using fictitious
names to avoid detection by authorities.
The strip location can sometimes be spotted as buildings with covered windows in areas of
frequent deliveries. In addition, people who are seen loading large items into vans in residential
garages would be worthy of further investigation. In contrast, chop shop operations vary in of size
and represent a growing business in which market entry is fairly easy. Anyone with a truck garage,
backyard, or a price of secluded land can get into the business.

Although similar to strip locations, a chop-chop usually involves larger garages and deals in
larger quantities of goods. They are sometimes large enough to house both the stolen vehicle and
the tin truck (the auto parts transport vehicle) inside the building, where detection is much more
difficult. Another difference between trip and chop-shop locations is that chop-shops will usually
remove any identifying numbers from remains of vehicles left behind after the valued parts have
been removed. Many salvage yards readily accept parts from auto thieves. Such parts are easily
made of the existing inventory.

Once inside the garage, the stolen vehicle is disassembled. It is here where the prime body
parts are removed. These include bumpers, front-end, assemblies, trunk lids, and doors. Interior
parts, tires, and radios are also of great value to the thief.

The Rip-Off. Typically, vehicles are stolen because of carelessness on the part of the owner. This
carelessness takes the form of drivers who leave their keys in the unattended car or motorist who
leave their cars running while they enter an establishment for a short period. Vehicle thieves
commonly watch these locations to wait for the most opportune time to make their steal.

When keys are not left in the ignition, many thieves have traditionally resorted to entry
techniques ranging from the classic "smash-and grab" technique to unobtrusive use of a screwdriver
and flat iron. Today, entry into vehicles is becoming more innovative. One such innovation includes
the use of porcelain chips broken from spark-plugs. This technique involves attaching the clips to a
wire, string, or other handle, and simply hitting them against the vehicle glass for quick entry. This
method rescues time, noise, and chances of detection but may leave microscopic fragments of glass
on the intruders clothing. These fragments are excellent evidence and can hopefully be located
shortly after the theft by seizing the suspects clothing for examination.

Another technique commonly used by thieves is to observe or case a parking lot where cars
are parked while people are at work. In this case the thief has several hours leeway from the time the
vehicle is stolen to the time the theft is discovered. Thus, the vehicle may be transported far from the
thief location by the time of discovery.

Many motorists invest in antitheft devices in their vehicles. Although many of these devices
have proved to be effective, thieves have learned methods of defeating them in many cases. The
level of expertise's in disabling an anti-theft device depends on several variables: the thieves' degree
of mechanical experience, the quality and effectiveness of the device, and the location of the vehicle
when stolen.

Motor Vehicle Theft: Tools of the Trade

1. Slim-jim. This is a thin, easily obtainable piece of metal or aluminum, notched at both ends. This
toll enables easy entry by the thief, who slides the tool in the small crevice between the door and the
door frame. Once the lock is manipulated, the door is easily opened.
2. Slide Hammer. This tool is also referred to as a dent-puller or slam-puller. Once the thief removes
the lock cap 'of the ignition, 'the slam-puller is inserted by screwing the tip into the keyway. Force us
then applied to the slide mechanism, away from the steering column, and the lock is removed. The
vehicle can then be started by inserting a screwdriver, which is twisted just like a car key.

3. Ignition Extractor. Once in the stolen auto, the lock cap is removed. The extractor is attached and
turned to remove the lock. The device can then easily be started with a screwdriver.

4. Force Tool. After removing the lock cap, the force tool is placed over the lock and tapped. The
ratchet is turned, thus destroying the locking mechanism.

5. Key Cutter, Codebook, and Blank Keys. These tools enable entry into a single-key vehicle and are
widely used. A door lock is pulled, and the code number from that lock can be obtained and a new
key made. This gives the thief a new key that he can use at a time of his choosing.

Recognizing the Stolen Vehicle. As much as routine plays an important role in many aspects of
criminal investigation, recognizing a stolen or "hot" auto is a task for which there is no set method.
Indeed, the desire to identify stolen automobiles is always present within the law enforcement
community; however, the expertise typically is not. Recognition of a stolen vehicle requires attention
to detail. These details must then be evaluated properly so that appropriate action can be taken. No
single point may identify a stolen auto as stolen, but subtle signals typically in the form of
circumstances, will alert officers to the presence a stolen vehicle.

1. Missing Locks. If vehicle locks are observed missing, further investigation might be warranted.
Certainly, a former victim might be driving his or her vehicle, but the driver might also be the thief.

2. Vehicles Parked Away from the Main Flow of Traffic. Vehicles such as these could be stolen
vehicles that were abandoned after serving a thief's purpose. Such an area could also be a drop
location where the vehicle could be picked up and taken to a strip location or chop shop. If located,
the vehicle should be photographed and searched tor evidence such as personal papers or
documents left behind by the thieves.

3. Accumulation of Dirt or Old Parking Tickets. Vehicles so distinguished might also be stolen
vehicles that have been dumped.

4.Missing License Plates or Parts. This may also be an indicator that the vehicle has been
abandoned.

5. License Plates or Lack of License Plates. This is usually one of the first tip-odds to a stolen vehicle,
a simple piece of carefully placed tape can change appearance of a number on a license plate.

Prevention Key: Auto Theft

1. Never leave your car running and unattended, even to dash into a business.
2.Never leave your keys in the car or ignition, even inside a locked garage.
3. Always roll up your window and lock the car, even if it is in front of your home.
4. Never leave valuables in plain view, even if your car is locked. Put them in the trunk.
5. Always park in a high-traffic, well-lighted area, if possible.
6. Install a mechanical device that locks to the steering wheel, column, or brake to prevent
the wheel from being turned more than a few degrees. Commonly called clubs, collars, or j-
bars, these devices can act as a highly visible physical deterrent if installed properly.
 7. Investigate the purchase of an auto security system if you live in a high-theft area or drive
a theft-prone vehicle.
8. Display an alarm decal near the door handle.
9. If you park in a fee garage, take the pay ticket with you. It's the thief's ticket out of the
garage, too. If you use valet parking, leave just the ignition key with the attendant. Make sure
no identifying information is attached to the key. Do the same when you take your car
repairs.
10. Carry your driver's license, registration, and insurance car with you. Don't leave personal
identification documents or credit cards in your vehicle.

Prevention Key: Carjacking

1. Lock car doors.
2. If someone approaches your car, carefully drive away.
3. Be aware of your surroundings.
4. While driving, stay in the center lane; don't get blocked into the curb lane.
5. If confronted by a carjacker, don't resist.
6. The greatest protection is staying alert.

Stolen Motorcycles

The rate of recovery for stolen automobiles has been much higher than in stolen
motorcycles. This indicates that expertise and proficiency in investigating motorcycle theft requires
special training. The average police officer tends to overlook the problem of motorcycle thefts
because he doesn't know what specifically to look for.

Methods of Motorcycle Theft

As with automobiles, different techniques are used to steal motorcycles. For example, the
thief may obtain a lock number from the. ignition, go to a dealer to report that his key was lost or
stolen, and gives the lock number. A key can be made from the lock number given by the thief,
providing him what with the motorcycle can drive away at his leisure. Some motorcycles are
obtained by the thief acquiring a fake driver' s license and going to a motorcycle dealer a test drive.
The dealer might hold the driver's license and security while the thieves are out on a test drive. The
thief of course, doesn't return. In some other cases, trucks are used as antitheft devices. Two or
three thieves may easily pick up the motorcycle and place it into the truck for transportation. This
technique commonly employed by gangs who "shop tor unattended motorcycle.

Modus Operandi of Carnappers

1. Selection of car make or model which is easily marketable due to high demand such as
Honda, Pajero.
2. Collusion of carnappers with sales agents of car dealers who furnished a copy of key and
the address of buyers.
3. Use of false key while parked unattended.
4. Carnappers sporting as a police officer who will check and confiscate purposedly
carnapped vehicle.
5. By the use of firearms to intimidate or exact violence on the driver.
6. Going around early morning where they will drive away cars being, washed and while the
ignition key is on the switch.
7. Waiting at the gate for the car to arrive or leave where carnappers use violence or
intimidation to driver.
 8. Owners make a fictitious report of their vehicles being carnapped. The vehicle then is
hidden stripped and dismantled for sale to automotive parts outlets. Meantime, the
insurance is collected.

REPUBLIC ACT No.10883

An Act Providing for a New Anti-Carnapping Law of the Philippines

Be it enacted by the Senate and House of Representatives of the Philippine 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 tails 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 vehicle1used 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 in operational 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. Itis 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 of 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
holdingpublic 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 vehicles, motor vehicle engines, engine
blocks, and chassis of all lotor vehicles, specifying therein their type, make, serial number, and stating
there in 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 PŃP. 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 à 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.1awphi1

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 motorboats, motor banca’s,

watercrafts 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 inter-island 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.