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Flashcards in Special laws Deck (18)
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1

OFFENSES UNDER SPECIAL LAWS

Republic Act No. 6539-Anti-Carnapping Act

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-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.

Carnapping

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-is any vehicle propelled by any power other than muscular power using public highways, but excepting road rollers, trolley cars, street sweepers, sprinklers, lawn mowers, bulldozers, graders, forklifts, amphibian trucks, and cranes if not used on public highways, vehicles which runs only on rails 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 separate motor vehicle with no power rating.

Motor Vehicle

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is the scraping, altering or changing of the original factory-inscribed serial number on the motor vehicle engine, engine block or chassis of any motor vehicle.

Defacing or tampering with a serial number

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-is the changing of color of a motor vehicle by means of painting.

Repainting

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-is a job undertaken on motor vehicle in order to replace its entire body with a new body.

Body-building

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-is the introduction of some changes in the shape or form of the body of the motor vehicle.

Remodeling

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-is the tearing apart, piece by piece or part by part, of a motor vehicle.

Dismantling

9

-is the cleaning or repairing of the whole engine of a motor vehicle by separating the motor engine and its parts from the body of a motor vehicle.

Overhauling

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Acts Punishable:

1. Non-registration of motor vehicle engine, engine block and chassis.
2. Non-registration of sale, transfer, conveyance, substitution, or replacement of a motor vehicle engine, engine block or chassis.

Note: Motor vehicles assembled and rebuilt or repaired by replacement with motor vehicle engines, engine blocks and chassis shall not be issued Certificate of Registration by the LTO and shall be considered as untaxed imported motor vehicles or motor vehicles carnapped or proceeding from illegal sources.

3. Duty of Collector of Customs to report arrival of imported motor vehicles. Within seven days after the arrival of vehicles. If motor vehicle engine, engine block or chassis do not have serial number, the Collector of Customs shall hold the same.

4. Duty of Importers, Distributors and Sellers of Motor Vehicles to keep records of stock stating therein the type, make and serial numbers, and names and addresses of persons who acquired or to whom they were sold.

5. Duty of manufacturers of engine blocks, chassis or body to cause numbering of engine blocks, chassis or body manufactured.

6. Clearance and permit required for assembly or rebuilding of motor vehicles.

7. Clearance required for shipment of motor vehicles, motor vehicles engines, engine blocks, chassis or body.

Republic Act No. 6539-Anti-Carnapping Act

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Republic Act No. 6539-Anti-Carnapping Act

Penalty:
Any person who violates any provisions of this Act shall be punished with imprisonment for ______ and fine equal in amount to the _______of the motor vehicle, motor vehicle engine or other part involved in the violation.

Any person who is found guilty of carnapping shall, irrespective of the value of motor vehicle taken, be punished by imprisonment for ______, if committed without violence or intimidation of persons, or force upon things; and by _________ if committed with violence against, intimidation of persons or force upon things.

not less than two (2) years nor more than six (6) years

acquisition cost

not less than 14 years and 8 months and not more than 17 years and 4 months

not less than 17 years and 4 months to not more than 30 years

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Acts Punishable:

1. Person compels to change or a change in the course or destination of an aircraft of Philippine registry, or to seize or usurp the control thereof.

It shall likewise be unlawful for any person to compel an aircraft or foreign registry to land in Philippine territory or to seize or usurp the control thereof while it is within the said territory.

a) Whenever he has fired upon the pilot, member of the crew or passenger of the aircraft;

b) Whenever he has exploded or attempted to explode any bomb or explosive to destroy the aircraft; or

c) Whenever the crime is accompanied by murder, homicide, serious physical injuries or rape.

2. It shall be unlawful for any person, natural or juridical, to ship, load or carry in any passenger aircraft operating as a public utility within the Philippines, any explosive, flammable, corrosive or poisonous substance or material.

Republic Act. No. 6235 -Anti-Hijacking Law

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Highway robbery is also called _______

Brigandage

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Anti-Highway Robbery Law of 1974.

Presidential Decree No. 532

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-Any attack upon or seizure of any vessel, or the taking away of the whole or in part thereof or its cargo, equipment, or the personal belongings of its complement or passengers, irrespective of the value thereof, by means of violence against or intimidation of persons or force upon things, committed by any person including the passenger or member of the complement of said vessel in the Philippine waters.

1. Piracy

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The seizure of any person for ransom, extortion or other unlawful purposes, or the taking away of the property of another by means of violence against or intimidation of persons or force upon things or other unlawful means committed by anyone on any Philippine Highway.

2. Highway Robbery/Brigandage

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Note: The crimes of piracy and brigandage are qualified and provided with greater penalties IF, rape, murder or homicide is committed as a result or on the occasion of piracy, OR when the offender abandoned the victims without means of saving themselves, or when the seizure is accomplished by firing upon or boarding a vessel.

If on or during the commission of brigandage, physical injuries or other crimes are committed, the penalty is _____,___ if kidnapping for ransom or extortion or murder or homicide or rape has been committed.

reclusion temporal, and death

18

1. Piracy
2. Highway robbery/briganda3. Aiding pirates or highway robbers/brigands or abetting piracy or highway robbery/brigandage, such as giving them information about the movements of the police or other law enforcement agency or peace officers of the government OR receives or acquires property taken by such pirates or brigands or in any manner derives any benefits therefrom.ge
3.

Presidential Decree No. 532 Anti-Highway Robbery Law of 1974.