Carnapping

Dear Atty. Nico,

I am a jeepney driver. I entered into an agreement with my operator that I would be driving his jeepney from 7 a.m. to 10 p.m. Thereafter, I would return the same to the owner and remit the boundary fee in the amount of P1,000 per day.

Last week, I reported for work and drove the jeepney, but I was not able to return it on the same day as I was supposed to.

My operator threatened me that he would file a criminal action for not returning his jeepney.

Is he correct? Does he have a right to file a criminal case and if so, what would be the charge? I hope you can enlighten me with my current problem. Thank you.

Ira

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Dear Ira,

Unfortunately, your operator may have legal action against you due to the fact that you did not return his jeepney. For reference, the ruling in People of the Philippines v Bustinera is applicable.

In the said case, carnapping was defined 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 of persons, or by using force upon things.”

The elements of carnapping are thus: (1) the taking of a motor vehicle which belongs to another; (2) the taking is without the consent of the owner or by means of violence against or intimidation of persons or by using force upon things; and (3) the taking is done with intent to gain.

Carnapping is essentially the robbery or theft of a motorized vehicle, the concept of unlawful taking in theft, robbery and carnapping being the same.

Unlawful taking or apoderamiento, is the taking of the motor vehicle without the consent of the owner, or by means of violence against or intimidation of persons, or by using force upon things; it is deemed complete from the moment the offender gains possession of the things, even if he has no opportunity to dispose of the same.

Applying the jurisprudence to the foregoing facts, it can be inferred that you may have committed the crime of carnapping. The act of not returning the jeepney to its lawful owner constitutes the very nature of the said crime, which is the taking of the motor vehicle without the owner’s consent.

Atty. Nico A. Antonio