Special Penal Laws

LEX CERVUS FRATERNITY SSC-R Probation law Probation- a disposition under which a defendant, after conviction and sentence, is released subject to conditions imposed by the court and under the supervision of a probation officer Purposes: rehabilitation, reformation and prevention of commission of offenses File in the court which convicted him within 15 days from date of promulgation of judgment The filing of the petition for probation shall be deemed a waiver of the right to appeal If appeal is made, the filing of the petition for probation shall be deemed a withdrawal of the appeal POST SENTENCE INVESTIGATION REPORT- by the Probation Officer with regard to the circumstances surrounding the offense for which the petitioner was convicted, then the recommendation to either deny or grant the probation. MANDATORY CONDITIONS OF THE PROBATION: (1) to present himself within 72 hours from receipt of order of the probation officer; (2) to report to the probation officer at least once a month during the period of the probation. In case of outside travel for more than 30 days, court approval is required Probation shall be denied if the court finds that: (a) the offender is in need of correctional treatment; (b) undue risk that the offender will commit another crime; (c) probation will depreciate the seriousness of the offense committed. DISQUALIFIED FOR PROBATION: (1) those sentenced to more than 6 yrs imprisonment; (2) offense against the security of the state; (3) those previously convicted by imprisonment of not less than 1 month and 1 day and/or fine of not less than P200. PERIOD OF PROBATION: < 1 yr imprisonment = the probation shall not exceed 2 years IN all other cases, it shall not exceed 6 yrs IN case of fine, the penalty shall not be less than the period of subsidiary imprisonment nor more than twice of the subsidiary imprisonment An order granting or denying probation is not appealable Those sentenced to DESTIERRO cannot apply for probation In case of MULTIPLE CONVICTIONS--- probationable if penalty for each conviction is probationable Probation does not obliterate the crime. One convicted of drug-pushing cannot justify his retention in the government despite the conviction. IN case of a serious violation of the conditions of probation, the probationer may be rearrested and the court will conduct a summary hearing of the violation. Bail is available. If the violation is established, the court may revoke the pardon or modify the conditions thereof. IF REVOKED, the probationer will serve the sentence originally imposed.

Anti-fencing law (PD 1612) A fence may either be prosecuted under the RPC or under the Anti-fencing law Mere possession of stolen article prima facie evidence of fencing PD 1612 Does not require the accused to have participation in the criminal design to commit robbery or theft ROBBERY OR THEFT Does not depend on an act of fencing in order that it be consummated

Bouncing Checks Law Any person who makes or draws and issues any check to apply on account or for value, knowing that at the time of issue that he does not have sufficient funds or credit with the drawee bank, for the payment of such check in full upon its presentment, which check is subsequently dishonored by the drawee bank for insufficiency of funds, or credit, or would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment. Any person who having sufficient funds in or credit with the drawee bank when he makes or draws and issues a check, shall fail to keep sufficient funds or to maintain a credit to cover the full amount of the check if presented within a period of 90 days from date appearing thereon, for which reason, it is dishonored by the drawee bank. Malum prohibitum, mere issuance punishable Issuing a check which is dishonored by the bank by reason of insufficient funds or credit or it would have been dishonored for the same reason had not the drawee, without any valid reason, ordered the bank to stop payment. Check should be presented within 90 days Drawer has 5 days within which to make arrangements for payment The bounced check should be presented in court as evidence, otherwise no conviction. It should also be stamped with the reason for the dishonor of the check, a duty by the drawee bank In case of stop payment, the bank should indicate whether the drawer had sufficient funds or not Agreement of parties regarding the check is not a defense BP 22 also applies to a dollar account so long as the check is issued or delivered or uttered in the Phil Prejudice and damage is not a prerequisite for conviction BP 22 is continuing in nature but the determinative factor is the place of issuance. As to venue, look in the allegations in the information to determine venue. BP 22 also applies to checks for guarantee or deposit only . The law does not distinguish Knowledge of insufficiency of funds from the fact of issuing or making a check. Lack of adequate notice of dishonor is a defense

Anti-Graft and Corrupt Practices Act (RA 3019) Using influence to commit an offense Bribery in contract or transaction in government Having a member of family accept employment in a private enterprise which has pending official business with him during the pendency thereof or within one year after its termination Favor or discriminate against a party Contract grossly disadvantageous to government Refusing to act for the purpose of obtaining some material or pecuniary benefit Prohibited interest Being interested in a transaction requiring approval of which he is a member of a board or panel even if he voted against or did not participate thereof. Divulging information of a confidential character Granting a license or permit to a person not qualified UNEXPLAINED WEALTH- amount of property or money manifestly out of proportion to his salary and to his other lawful income.

Unsolicited gifts of small or insignificant value are exempted from the provisions of this Act SANDIGANBAYAN to suspend the public officer against whom an information has been filed Doctrine of condonation refers to administrative misconduct and not to criminal cases Public officer may be suspended from his present position even if the crime which he is being charged with related to a past position Re-election to public office extinguishes only his administrative liability but not his criminal liability. Why? (1) grounds for extinction of criminal liability does not include re-election to office; (2) it is only the President who can grant pardon of a criminal offense. Before a public officer may be suspended, however, a valid information must first be filed. Preventive suspension is not automatic or self-operative. The duty of the court is to make a finding that the accused stands charged under a valid information for the crimes alleged for the purpose of granting or denying the sought for suspension. Once the validity of the information has been ascertained after proper hearing , it becomes the ministerial duty of the court to issue the order of suspension. Suspension of local elective official under the LGC shall not extend beyond 60 days Under RA 3019, preventive suspension will last for less than 90 days only if the case is decided within that period, otherwise, it will continue for 90 days. Undue delay in the preliminary investigation is violative of the right to due process and is a ground for motion to dismiss Approval of leave absence is not a bar to suspension because a public officer charged under a valid information shall be suspended under the law.

Illegal possession of firearms (RA 8294) If homicide or murder is committed with the use of unlicensed firearm, such use of an unlicensed firearm shall be considered an aggravating circumstance (this will now be considered in imposing the proper penalty; also remember that the separate penalty for illegal possession will no longer be imposed) Use of unlicensed firearm is absorbed as an element in the crimes of rebellion, sedition, insurrection, or attempted coup detat. The owner, manager, president, director, or other responsible officer of the firm, company or other entity will be liable for willfully or knowingly allowing the use of the firearms owned by such entity for any violation of RA 8294. Unlawful acts: (1) Unlawful manufacture, sale, acquisition, disposition or possession of firearms or ammunition or instruments used or intended to be used in the manufacture thereof. (2) carrying of licensed firearm outside his residence without legal authority. (3) Unlawful manufacture, sale, disposition or possession of explosives. (4) tampering of firearms serial number. (5) repacking or altering the composition of lawfully manufactured explosives. Lex Cervus Fraternity-- SSC-R Present meaning of illegal possession: (1) firearm with expired license; (2) unauthorized use of licensed firearm in the commission of the crime.

Ownership is not an essential element of illegal possession, however, intent to possess or animus possidendi is required.

Anti-wire tapping law (RA 4200) It shall be unlawful for any person, not being authorized by all the parties to any private communication or spoken word, to tap any wire or cable, or by using any other device or arrangement, to secretly overhear, intercept, or record such communication or spoken word, by using a device, commonly known as dictaphone, or dictagraph, or detectaphone or walkie-talkie or tape recorder, or however otherwise described. Listening to conversation in extension line of telephone is not wire tapping Mere act of listening not punishable Take note of crimes where RA 4200 does not apply . Ex: as evidence used in crimes against security of the state, rebellion, sedition, espionage, piracy, kidnapping, mutiny in the high seas etc. Proper application with the court for the recording of communication of the crimes mentioned above should be made stating the reasonable grounds for the grant thereof and in case of rebellion and acts of sedition, that prior proof is presented. The period of authorization shall not exceed 60 days All recordings made under proper court authorization shall, within 48 hours after the expiration of the period fixed in the order, be deposited with the court.

Rape (RA 8353) Crime against persons Kinds: (1) traditional (2) sexual assault (1) By a man who shall have carnal knowledge of a woman under any of the following circumstances: (a) through force, threat or intimidation; (b) when the offended party is deprived of reason or otherwise unconscious; (c) by means of fraudulent machination or grave abuse of authority; and, (d) when the offended party is under 12 years of age or is demented even though none of the circumstances mentioned above are present. (2) By any person who, under any of the circumstances mentioned in paragraph 1 hereof, shall commit any act of sexual assault by inserting his penis into another persons mouth or anal orifice, or any instrument or object, into the genital or anal orifice of another person. Intimidation is sustained by moral ascendancy in rape Dwelling aggravating in rape Present indemnity: P75, 000 if the rape is qualified by the penalty of death Force and intimidation not needed in rape of retardate Use of force or intimidation not an element of statutory rape A medical examination of victim is not an element of rape RA 7659 DEATH PENALTY LAW - - QUALIFIED RAPE: (1) when the victim is under 18 and the offender is a parent or ascendant or relative by consanguinity or affinity within the 3rd civil degree or the common-law spouse of the parent or victim; (2) when the victim is under the custody of the police or military; (3) when the rape is committed in full view of the husband, parent, any of the children, or other relatives within the 3 rd civil degree of consanguinity; (4) when the victim is a religious or a child below 7 years old; (5) when the

offender knows that he is afflicted with the AIDS virus; (6) when committed by any member of the AFP or PNP; (7) when the victim suffers permanent physical mutilation. DEATH PENALTY ALSO: (1) rape with homicide (2) when the victim becomes insane Relationship is no longer an alternative circumstance under Art. 15 of the RPC. RA 7659 mandates the death penalty for father-daughter relationship in cases of rape

Sexual Harassment law (RA 7877) KINDS: (1) Work, (2) education or (3) training-related sexual harassment Work-related- - (a) sexual favor made as a condition for hiring or in the grant of compensation or promotion etc.; (b) impairment of employees rights under labor laws; (c) resulting in a hostile environment for the employee. Education-related- - (a) committed against one who is under the care or custody of the offender; (b) or whose education is entrusted to the offender; (c) when the sexual favor is made as a condition for a passing grade or the granting of honors; (d) when the sexual advances result in an intimidating environment for the student, trainee or apprentice Degree of participation considered; a person who induces or who cooperates in the commission thereof is also punished under the law Administrative sanctions are not a bar for prosecution in the proper courts for unlawful acts of sexual harassment Solidary liability of the head of the establishment for damages arising from acts of sexual harassment which he is informed of and he fails to take immediate action thereon. The victim may also file for a separate and independent action for damages

Child Abuse Law (RA 7610) Any child, male or female, who for money or other consideration indulge in sexual intercourse or lascivious conduct or coerced or influenced by any adult thereof shall be considered exploited in prostitution and other sexual abuse When the victim is below 12, the offender will be prosecuted instead under the RPC for the rape or acts of lasciviousness committed against the child. The owner of the establishment where prostitution takes place or any other person who profits therefrom will be held liable. Also those who engage the child in prostitution, procurer of a child prostitute, using violence against the child to engage him as a prostitute. Attempt to commit prostitution : when a person who is not relative of the child is found alone with said child inside a room or cubicle of a house, motel, hotel pension house etc. which would lead a reasonable person to believe that the child is about to be exploited in prostitution and other sexual abuse. CHILD TRAFFICKING: engaging in buying and selling children for money or other consideration. ATTEMPT TO COMMIT CHILD TRAFFICKING: (1) when a child travels alone to a foreign country without consent of the parents or legal guardian; (2) recruiting women or couples to bear children for the purpose of child trafficking; (3) simulation of birth for the purpose of child trafficking; (4) act of recruiting children from low-income families for the same purpose. Obscene publications and indecent shows punishable OTHER ACTS: (1) any other act of child abuse, cruelty or exploitation; (2) any person who shall keep a minor, 12 yrs or under or who is 10 yrs or more his junior in any public or private place, hotel, motel, beer joint, sauna or tourist spot; (3) any person or manager who will allow a person to bring a minor to any private or public place of accommodation; (4) any person who shall induce a street child to beg or use begging as a means of living, drug trafficking, or any other illegal activity

CHILDREN AS ZONES OF PEACE IN PLACES OF ARMED CONFLICT: (1) separate detention from adults; (2) free legal assistance (3) notice given to parents of the arrest (4) release of the child to the care and custody of the DSWD Prohibition against undue and sensationalized publicity

RA 7659- death penalty law HEINOUS CRIME- it is a grievous, odious, and hateful offense which by reasons of its inherent or manifest wickedness, viciousness, atrocity and perversity, is regarded as seriously outrageous to the common standards or norms of decency and morality in a just and civilized world. (RA 7659) Crimes punishable by reclusion perpetua to death o Treason, Qualified piracy o Parricide, Murder, Infanticide o Kidnapping and serious illegal detention o Robbery with homicide o Destructive arson o RAPE (a) with a deadly weapon; (2) committed by 2 or more; or (3) the rape is attempted or frustrated and committed with homicide o Plunder: 50M o Drug cases, maintenance of den, dive, resort etc., possession of regulated drug in specified amounts, misappropriation of drugs by the arresting officer, cultivation of plants which are sources of prohibited drugs o planting evidence of dangerous drugs o carnapping where the owner, driver or occupant of the carnapped motor vehicle is raped or killed. MANDATORY death penalty: o Qualified bribery o Kidnapping and serious illegal detention for ransom resulting in the death of the victim or the victim is raped, tortured or subjected to dehumanizing acts o Qualified rape (note the enumeration/circumstances above; see RAPE LAW) o Rape victim becoming insane o Rape with homicide o Maintenance of dive, resort etc. where the victim is a minor or the victim dies o Maintenance of den, dive, resort for users of regulated drugs where the victim is a minor or the victim dies o Government officials, employees or officers including members of police agencies and armed forces convicted in drug cases o Planting dangerous drugs as evidence in drug offenses o By implication (with the RPC): (1) when aggravating circumstances attend the commission of the crime as to make the provision of the RPC regarding the imposition of the death penalty; or (2) other circumstances which characterize the crime as heinous within contemplation of RA 7659. clarence

Lethal Injection Law (RA 8177) The death sentence shall be executed and shall consist in putting the person under lethal injection The death sentence shall be carried out not earlier than one (1) year nor later than 18 months after the judgment has become final and executory without prejudice to the exercise by the President of his execution clemency powers at all times. LEX CERVUS

Anti-Money Laundering Act (RA 9160) MONEY LAUNDERING- is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources Committed by - - (1) any person who transacts or attempts to transact any monetary instrument which he knows relates to any unlawful activity; (2) one who facilitates money-laundering; (3) any person who fails to file and disclose to the Anti-Money Laundering Council (AMLC) any instrument required to be so disclosed. AMLC authority to inquire into bank deposits when probable cause is established that said accounts are in any way related to money laundering. Exemption from bank secrecy laws IMPLEMENTING RULES: Covered transaction: an amount in excess of P4,000,000 based on the prevailing exchange rate where the client is not properly identified and/or the amount is not commensurate with his business or financial capacity Authority of the AMLC to issue a freeze order

Anti-Hazing Law (RA 8049) Hazing- an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly and similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. ORGANIZATION includes the PNP, AFP, Citizens Military Training etc. However, the training in these organizations duly recommended and approved by the Sec. of National Defense, AFP Chief, PNP Director General etc. shall not be considered as hazing for purposes of this Act. 7-day written notice rule with the school authorities or head of the organization before conducting an initiation. Initiation shall not exceed 3 days The notice shall indicate an undertaking not to employ physical violence The head of the school or organization to assign at least 2 representatives PRINCIPALS IN THE CRIME OF HAZING: (1) officers and members who participate in the infliction of physical harm; (2) parents, if the initiation is conducted in the home of one of the officers or members and the parents failed to prevent the same from happening; (3) officers, former officers or alumni of the fraternity or organization who actually planned the hazing although not present when the acts constituting the hazing were committed; (4) officers or members of the fraternity who knowingly cooperated in carrying out the hazing by inducing the victim to be present thereat. ACCOMPLICES: (1) faculty members who consent to the hazing or who have actual knowledge thereof but failed to prevent the same from occurring; (2) the owner of the place where the hazing is conducted Maximum penalty: reclusion perpetua if death, rape, sodomy or mutilation result

Maximum penalty in the following instances: (1) when the recruitment is accompanied by force or intimidation on the person of the recruit who refuses to join; (2) when the recruit initially consents to join but upon learning that hazing will be performed, is prevented from quitting; (3) when the recruit having undergone hazing is prevented from reporting the same to the proper authorities; (4) when the hazing is committed outside the school or institution; (5) when the victim is below 12 years of age at the time of the hazing Mitigating circumstance of no intention to commit a wrong as that committed is not available Hazing law also applies to the officers of a corporation who engages in hazing as a requirement for employment. Approved on June 7, 1995

Anti-Cattle Rustling Law (PD 533) Cattle rustling- the taking away by any method or scheme, without the consent of the owner/raiser, large cattle whether or not for profit or whether committed with or without use violence against or intimidation of persons of force upon things. It includes the killing of large cattle, or taking its meat or hide without the consent of the owner Large cattle- shall include the cow, carabao, horse, mule, ass or other domesticated animal of the bovine family. Act Declaring FORFEITURE of Ill-Gotten Wealth of Public Officers and Employees (RA 1379) Public officer acquiring an amount of property manifestly out of proportion to his salary and other lawful income. NOT considered legitimately acquired property: (1) property unlawfully acquired but ownership is concealed by its being recorded in the name of the respondents spouse, ascendants, descendants, relatives or any other person; (2) property unlawfully acquired and transferred to another person; (3) property donated to the respondent during his incumbency unless he can prove to the satisfaction of the court that the donation is lawful. Fiscal, upon petition of any taxpayer, to conduct the preliminary investigation and shall certify to the Solicitor General that there is reasonable ground to believe that there has been a violation of RA 1379 and that respondent is probably guilty thereof. Petition in the RTC where the public officer resides or holds office for issuance of writ commanding said officer to show cause why the said property or any part thereof be not declared property of the State. No petition allowed within 1 year before any general election or within 3 months before any special election Prescription of petition: 4 years from the date of resignation or separation of the public officer or employee Lex Cervus Fraternity-SSC Judgment: In case respondent is unable to satisfy the court that he legitimately acquired the property the same shall be FORFEITED in favor of the State provided that no judgment shall be rendered within 6months before any general election or within 3months before any special election. The respondent or any person cannot be excused from attending and testifying or from producing documents on the ground of self-incrimination but shall not be criminally liable if compelled to testify or produce documents except that he may be liable for perjury or false testimony in case this is warranted. Laws concerning acquisitive prescription and limitation of actions cannot be invoked by the respondent.

Witness Protection, Security and Benefit Act (RA 6981) ADMISSION INTO PROGRAM Any person who has witnessed or STATE WITNESS Any person who has participated

has knowledge or information of the commission of a crime and has testified or is testifying or is about to testify before any judicial or quasijudicial body provided that: (a) the offense is a grave felony or its equivalent under special laws; (b) his testimony can be substantially corroborated in all its material points; (c) his family is subjected to threats to life or bodily injury on account of his testimony

in the commission of a crime and desires to be a witness for the State whenever the following circumstances are present: (a) the offense is a grave felony or its equivalent in special laws; (b) there is no other direct evidence for the prosecution of the offense; (c) testimony can be substantially corroborated; (d) he does not appear to be the most guilty; (e) he has not been convicted of any crime involving moral turpitude

RIGHTS AND BENEFITS: (1) secure housing facility; (2) relocation and/or change of personal identity; (3) financial support; (4) right not to be removed from employment as a result of his attendance before any judicial or quasi-judicial body or investigating body; (5) right to be paid equivalent salaries corresponding to the number of days of absence occasioned by the Program; (6) free medical treatment; (7) if the witness is killed, a burial benefit for his heirs in an amount not less than P10,000; (8) in case of death or permanent incapacity, his minor or dependent children shall be entitled to free education as may be determined by the DOJ. In case of failure or refusal to testify , he can be prosecuted for contempt and if he falsely testifies, for perjury. In addition, enjoyment of all rights under the Program will be terminated. Harassment of prisoners is punishable

An Act Creating a Board of Claims for victims of unjust imprisonment or detention and victims of violent crimes (RA 7309) WHO MAY FILE: (1) any person who was unjustly accused, convicted and imprisoned but subsequently released by virtue of a judgment or acquittal; (2) any person who was unjustly detained and released without being charged; (3) any victim of arbitrary or illegal detention by the authorities under a final judgment of the court; (4) any person who is a victim of violent crimes. AWARD CEILING: (1) for victims of unjust imprisonment or detention , based on the number of months of imprisonment or detention; not to exceed P1,000 per month; (2) IN ALL OTHER CASES, the maximum that the Board may approve shall not exceed P10,000. WHEN TO FILE CLAIM with DOJ: within 6 months from date of release or from the date the victim suffered injury VICTIM COMPENSATION FUND: to ensure the funding requirement of the law, P5.00 shall be set aside from each filing fee in every civil case filed with the court which shall constitute the Victim Compensation Fund. Illegal Recruitment (Art. 38 Labor Code) Illegal Recruitment- At present this crime may not only be committed by non-holders of authority or non-licensees BUT ALSO by holders of authority or licensees as amended by RA 8042 or the Migrant Workers Act. Note: Art. 34 of the Labor Code for prohibited acts has been redefined by RA 8042 and are now considered as acts of illegal recruitment Under RA 8042, the following are further considered as acts of illegal recruitment: (1) failure of a recruiter to deploy his recruits; (2) failure to reimburse documentation and processing expenses incurred by the worker who is not deployed without his fault. ECONOMIC SABOTAGE: if committed by a syndicate or large scale shall be considered an offense involving economic sabotage BY A SYNDICATE: if carried out by 3 or more persons conspiring in carrying out any unlawful or illegal transaction in Art. 34 of the Labor Code BY LARGE SCALE: if committed against 3 or more persons individually or as a group Venue: RTC where the offense was committed or where the offended party actually resides at the time of the commission of the offense (sec.9, RA 8042)

Prescription: 5 years for illegal recruitment; 20 years for illegal recruitment cases involving economic sabotage A person convicted for illegal recruitment can be convicted of estafa provided the elements of the crime are present

Anti-Electricity and Pilferage Act of 1994 (RA 7832) ACTS PUNISHED: (1) Illegal use of electricity (a) tap any electric service wire without consent of the private electric utility, (b) tap into the electric service facility of any registered customer, (c) tampering the electric meter which interferes with the accurate registry or metering of the electricity (d) damaging or destroying an electric meter or equipment as to interfere with the proper or accurate meter reading, (e) receiving any direct benefit of the above-mentioned acts; (2) theft of electric power transmission lines and materials Incentives- P5,000 to any person who shall report to the NPC or police such acts of theft of electric power transmission lines and materials. Right of the private electric utility or cooperative to disconnect electric service of anyone violating acts prohibited under the law. LAW ON OBSTRUCTION OF JUSTICE: Decree Penalizing Obstruction of Apprehension and Prosecution of Criminal Offenders (PD 1829) ACTS PUNISHABLE: Preventing witnesses from testifying or reporting the commission of any offense by means of violence, bribery etc. Altering, destroying or concealing any document with intent to impair its authenticity or availability in any investigation or official proceedings in criminal cases Harboring, concealing or facilitating the escape of any person he knows or has reasonable ground to believe has committed a crime to prevent his arrest, prosecution and conviction. Publicly using a fictitious name to conceal a crime or concealing his true name and other personal circumstances for the same purpose(s) Delaying the prosecution of criminal cases by obstructing the service of processes or court orders or disturbing proceedings in the fiscals office or in other courts Presenting any document with knowledge of its falsity Accepting or soliciting any benefit in consideration of abstaining from or impeding the prosecution of the offender Threatening another person with bodily harm to prevent him from testifying Giving false or fabricated information to mislead the law enforcement agencies from apprehending the offender DECREE PENALIZING GAME-FIXING, POINT-SHAVING AND GAME MACHINATION (PD 483) GAME-FIXING: any arrangement by which the result of the game shall be predicted or known other than on the honest playing skill or ability of the players POINT-SHAVING: any arrangement where the ability of the player to score points shall be limited deliberately in order to affect the results of the game in favor of the other team or player GAME MACHINATION: any other fraudulent scheme employed for the purpose of influencing the result of any game, races and sports contests ANTI-CARNAPPING ACT OF 1972 (RA 6539 as amended by RA 7659) Carnapping: is the taking, with intent to gain, of a motor vehicle belonging to another without the latters consent, or by means of violence against or intimidation of persons, or by using force upon things. *RA 7659: reclusion perpetua to death penalty imposed- when the owner, driver, occupant of the carnapped motor vehicle is killed or raped in the course of the commission of the carnapping or on the occasion thereof. Clearance and permit required for assembly or rebuilding of motor vehicles to ensure that the vehicle is not listed in the PNP and LTO as carnapped vehicles.

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