Theft or robbery and not carnapping

Dear PAO,

The family of my best friend owns an agricultural field. They use tractors to till their rice field. I was saddened by the news that the only tractor they have was taken by a yet-to-be-identified individual. Due to this, may we know if the person responsible for the unlawful taking can be held liable for carnapping? In addition, is there a reward for any person who can assist with capturing the perpetrators of the crime of carnapping?

Sandra

Dear Sandra,

The answers to your questions are found in the provisions of Republic Act 10883, otherwise known as the «New Anti-Carnapping Act of 2016.» Succinctly, Section 2 (e) of the aforementioned law defines a motor vehicle, and such definition except, upon the coverage of the law, tractors, trailers, and traction engines of all kinds used exclusively for agricultural purposes. For brevity, the law reads:

«Section 2. x x x

»(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 rails or tracks; and tractors, 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." (Emphasis and underscoring supplied)

Applying the foregoing, there is no carnapping if what was unlawfully taken was a tractor used for agricultural purposes. Thus, in the facts you have mentioned, since the subject matter taken is one excluded from the definition, it could be another crime such as theft or robbery, as the case may be, but not carnapping.

Regarding your second query, please be advised of Section 19 of the same law, which speaks of the reward given to any person who voluntarily provides information leading to the recovery of carnapped vehicles and for the apprehension of the persons charged with carnapping, viz:

«Section. 19. Reward. – Any person who voluntarily gives information leading to the recovery of carnapped vehicles and for the apprehension of the