Carnapping

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What is carnapping?

R.A. No. 6539, or the Anti-Carnapping Act of 1972, as amended, defines carnapping as 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 against persons, or by using force upon things. (Pp. v. Macaranas, GR No. 226846, June 21, 2017)

Elements

1. There is an actual taking of the vehicle;

2. The vehicle belongs to a person other than the offender himself;

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

4. The offender intends to gain from the taking of the vehicle.

Ownership of the property taken is NOT necessary

In crimes of unlawful taking of property through intimidation or violence, it is not necessary that the person unlawfully divested of the personal property be the owner thereof. What is simply required is that the property taken does not belong to the offender. Actual possession of the property by the person dispossessed suffices. So long as there is apoderamiento of personal property from another against the latter's will through violence or intimidation, with animo de lucro, unlawful taking of a property belonging to another is imputable to the offender. (Pp. v. Garcia, GR No. 138470, April 01, 2003)

A criminal prosecution for carnapping need not establish the fact that complainant therein is the absolute owner of the motor vehicle. What is material is the existence of evidence which would show that respondent took the motor vehicle belonging to another.