Practice question
For an offense governed by the current Anti-Carnapping Act, an offender takes another's covered motor vehicle without consent and with intent to gain. He argues that no carnapping is possible without violence. Is that correct under RA 10883?
- Yes, violence is indispensable in every carnapping.
- No; Section 3 also covers taking without consent and provides for carnapping without the specified violence or force.
- Yes, because RA 10883 was replaced by RA 6539.
- Yes, if the vehicle is inexpensive.
- No, because every borrowing is automatically carnapping.
Legal references
- Revised Penal Code, Act No. 3815, specified articles, as amended: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426; Articles 293, 308 and 310, as amended.
- RA 10951, current amended RPC provisions and monetary thresholds: https://lawphil.net/statutes/repacts/ra2017/ra_10951_2017.html; Sections 81 and 85, amended Articles 309 and 315.
- Buenaflor v Office of the Secretary of Justice, G.R. No. 277067, May 7, 2025, main decision, juridical possession and Article 315(1)(b): https://lawphil.net/judjuris/juri2025/may2025/gr_277067_2025.html
- Reside v People, G.R. No. 210318, July 28, 2020, main decision, material possession and qualified theft: https://lawphil.net/judjuris/juri2020/jul2020/gr_210318_2020.html
- People v Esugon, G.R. No. 195244, June 22, 2015, main decision, prior intent to rob and robbery with homicide: https://lawphil.net/judjuris/juri2015/jun2015/gr_195244_2015.html
- RA 10883, Section 3, current carnapping definition: https://lawphil.net/statutes/repacts/ra2016/ra_10883_2016.html
- RA 7659, Sections 6–9, amended murder, infanticide, kidnapping and robbery provisions, subject to RA 9346 death-penalty prohibition: https://lawphil.net/statutes/repacts/ra1993/ra_7659_1993.html; Article 294.
- RA 9346, Sections 1–4, death-penalty prohibition, substitute penalties and clemency: https://lawphil.net/statutes/repacts/ra2006/ra_9346_2006.html
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