Procedures in Handling Cases of MV
Procedures in Handling Cases of MV
Procedures in Handling Cases of MV
MEMORANDUM CIRCULAR
No.______-2018
TO : See Distribution
1. REFERENCES:
a. RA 6539 otherwise known as the “Anti-Carnapping Law of 1972” as
amended by RA 10883 otherwise known as the “The New Anti-
Carnapping Act of 2016”;
b. PD 532 otherwise known as the “Anti-Piracy and Anti-Highway Robbery
Law of 1972”;
c. RA 1612 otherwise known as the “Anti-Fencing Law”; and
d. Republic Act 4136, otherwise known as the “Land Transportation and
Traffic Code” of 1964.
2. PURPOSE:
This Memorandum Circular (MC) sets forth the strategic concepts and
operational guidelines relative to the reporting and investigation of missing and/or lost
motor vehicles with modalities of circumstances, the issuance of Radio Voice/Flash
Alarm, Certificate of Nationwide Alarm or Watchlist, Certificate of Non-Recovery,
Certificate of Lifting of Alarm, Certificate of Re-Stamping of Tampered and not
Tampered Motor Vehicles and other related cases.
3. SCOPE:
This MC shall be implemented by all concerned tasked offices of the Highway
Patrol Group including all Regional Highway Patrol Units and Provincial Highway Patrol
Teams (RHPUs and PHPTs) in collaboration with other government agencies/offices,
motorist clubs and other stakeholders.
4. SITUATION:
The Highway Patrol Group is created to address the problems in traffic
management to include crimes committed along the national highways. Likewise, the
Highway Patrol Group is tasked to process clearances and investigate cases of stolen
motor vehicles. With this, the HPG developed procedural guidelines in carrying out their
mandated task in issuing clearances and the handling of carnapping cases until the final
disposition of all stolen and recovered motor vehicles in order to cater the needs of
victimized individual citizens.
Furthermore, the existing procedural guidelines of the Highway Patrol
Group need to be updated in order to cope-up with the current situations. The present
administration is determined to fast track all government and public services to avoid
corruption in order to bring quality service to the public. In line with this, the Highway
Patrol Group envisions to adopt applicable and relevant new policies.
The Motor Vehicle and Concern Section (MVCS) was created under the
concept of a One-Stop-Shop to provide frontline services concerning different problems
arising from motor vehicle related crimes. The bundle of requirements asked from a
particular victim of carnapping has been reviewed to make it more non-laborious and
easier without necessarily affecting the integrity of the process of investigation. At
present, the MVCS is continuously carrying out their assigned mandate while facing
new challenges amidst the introduction of “modus operandi de novo” or new mode of
operation of criminal syndicates in unlawfully taking vehicles from the registered owners
or their successors-in-interest. Most reported carnapping incidents to this day fall under
the category of Rent-Sangla Scam/Rent-Tangay Scheme and the Assume-Balance
Scheme.
Thus, the Motor Vehicle Concern Section does not only serve as the
repository of records of carnapping cases nationwide but as well serve as a first layer of
safeguard in confronting carnapping incidents. Hence, as carnapping syndicates evolve
in their scheme of victimizing vehicle owners, there is a need to enhance the
procedures in handling and investigating carnapping cases and other modes of losing
possession of vehicle/s.
5. DEFINITION OF TERMS:
(c) Carnapping - refers to the taking, with intent to gain, of 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;
(d) Defacing or tampering with a serial number - refers to the altering, changing,
erasing, replacing or scratching of the original factory inscribed serial number on the
motor vehicle engine, engine block or chassis of any motor vehicle. Whenever any
motor vehicle is fumed to have a serial number on its engine, engine block or chassis
which is different from that which is listed in the records of the Bureau of Customs for
motor vehicle imported into the Philippines, that motor vehicle shall be considered to
have a defaced or tampered serial number;
(g) Failed to Return (FTR) - refers to the taking of motor vehicle with the consent
of another and failure to deliver back the vehicle upon the demand by the owner or his
successor-in-interest;
(h) Forcibly Taken (FT) - refers to the taking of motor vehicle by means of
violence against or intimidation of person/s;
(i) Identity Transfer - refers to the act of transferring the engine number, chassis
number, body tag number, plate number, and any other identifying marks of a motor
vehicle declared as "total wreck" or is beyond economic repair by concerned car
Insurance companies and/or law enforcement agencies after its involvement in a
vehicular accident or other incident and registers the same into another factory-made
body or vehicle unit, of the same classification, type, make or model;
(j) 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, forklift’s, amphibian trucks, and
cranes if not used on public highways; vehicles which run only on rails or trades; and
tractors, trailers and traction engines of all Modes 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 a separate motor
vehicle with no power rating;
(o) Remodeling - refers to the introduction of some changes in the shape or form
of the body of the motor vehicle;
(p) Second hand spare parts - refers to the parts taken from a carnapped vehicle
used in assembling another vehicle;
(q) Skipped Account, “Talon or Lundag” – refers to the status of the motor vehicle
subject of a chattel mortgage whose account with the mortgagee-financing or
mortgagee-banking institution remains unpaid for the continuous period of at least three
(3) months;
(s) Total wreck - refers to the state or status of a motor vehicle after a vehicular
accident or other incident, so that it is rendered inoperational and beyond economic
repair due to the extent of damage in its body, chassis and engine;
(t) Unlawful transfer or use of vehicle plates - refers to the use or transfer of a
vehicle plate issued by the LTO to a certain vehicle to another vehicle. It is presumed
illegally transferred when the motor vehicle plate does not correspond with that as
appearing in the certificate of registration of the motor vehicle to which it was issued.
6. MISSION:
The Motor Vehicle Concern Section will implement a more convenient and
productive way of handling and processing modalities of losing vehicles aimed to
increase its effectiveness in inclusion in the HPG Watchlist/Alarm all reported missing or
stolen motor vehicles.
7. EXECUTION:
This MC shall be implemented in accordance with the different categories or
modalities of losing a vehicle and shall be covered by the following guidelines:
7.1.1 The Highway Patrol Unit/Team that took cognizance of the loss
of a motor vehicle, after validating the report shall immediately report
the incident to the HPG National/Regional Headquarters Tactical
Operations Centers for Radio Voice or Flash Alarm. The HPG
National/Regional Headquarters Tactical Operation Centers shall then
inform the adjacent PROs, PPOs to include the RHPUs for the
possible apprehension of the possessor of the vehicle subject of the
flash alarm. All RHPUs should be strictly guided by the PNP
Operational Procedures in flagging down and accosting the
driver/possessor;
7.2.1 Motor Vehicles in this category are included in the HPG Vehicle
Information Management System (VIMS), thus, any transaction relative
to issuance of HPG clearance certificates will be outrightly denied.
7.2.2 Also, all motor vehicles in this category shall be flagged down at
sight and its driver or possessor immediately investigated and
subsequently charge in the proper forum, if the evidence so warrants.
7.3.1 Motor vehicles in the list shall not be issued HPG Clearance
Certificates. However, motor vehicles in this category shall not be
seized or impounded but subject of a continuing investigation unless
other impoundable violations are committed by the driver or possessor
of the subject motor vehicle. Provided further that HPG operatives may
assist the sheriff or the person duly authorized by competent authority
who issued the writ of seizure in seizing possession of the vehicle
subject of the writ thereof. Provided furthermore, that all unvalidated
reports of carnapping included in this category may also be impounded
for investigation and subsequent identification of the
reportee/complainant.
7.3.2 All motor vehicles subject of watchlist may also be reported to the
HPG MVCS or the Regional Highway Patrol Unit. The Investigation
Report containing the recommendation of the RHPU or the MVCS, as
the case may be, must be forwarded to the Chairman, Motor Vehicle
Clearing Committee, for his approval. List of motor vehicles included in
the HPG Watchlist must be forwarded to the Land Transportation
Office to preclude transfer of ownership.
B. Termination of Radio Voice/Flash Alarm, Lifting of Nationwide Alarm
.and Cancellation from the HPG Watchlist:
7.5.2 – In the release of the recovered vehicle, the HPG recovering unit
shall photograph the actual turn over of the vehicle to the owner (or the
party-in-interest) and thereafter submit a report to the Director, HPG,
copy furnished the Intelligence Division, Operations Division and
Investigation and Detection Management Division of the HPG.
7.6 Cancellation from the Watchlist – The owner of the motor vehicle or
his successor-in-interest or duly authorized representative may apply
for the vehicle’s cancellation from the HPG watchlist as soon as the
basis for its inclusion in the watchlist ceases to exist.
E. Checklist of Requirements:
a. Checklist
b. Application Form and Investigation report for Nationwide Alarm
c. Application Form and Investigation Report for Certificate of Non-
Recovery
d. Application Form and Investigation Report for Lifting of Alarm
e. Application Form and Investigation Report for Re-Stamping
8. TASKS:
a. Deputy Director for Administration
- Designated as overall Supervisor for the effective implementation of
thisprocedure; and
- Perform other tasks as directed.
b. Deputy Director for Operations
- Assist the overall Supervisor for the implementation of this
procedure; and
- Perform other tasks as directed.
c. Chief of Staff
- Monitor the effective implementation of thisprocedure; and
- Perform other tasks as directed.
d. Chief, Intelligence Division
- Conduct intelligence monitoring of erring personnel who are involved
in criminal activities relative to the implementation of this procedure;
and
- Perform other tasks as directed.
e. Chief, Legal Service Division
- Provide legal advice to all Investigators of the Highway Patrol Group
regardingcarnapping cases;
- Verify reports submitted if documents with respect to the case are
true, correct and legal; and
- Perform other tasks as directed.
f. Chief, Motor Vehicle Clearance Division
- Supervise and monitor the encoding and processing of Wanted
Motor Vehicle as well as the lifting of alarm in the Vehicle
Information Management System; and
- Perform other tasks as directed.
g. Chief, Special Operations Division
- Ensure the effectiveness and implementation of the MVCS with
respect to this procedure
- Monitor validation reports of carnapping cases; and
- Perform other tasks as directed.
h. Regional Chiefs of RHPUs
- Ensure the participation and support of investigators in the
implementation of this procedure;
- Monitor and conduct appropriate actions on validated reports
regarding carnapping cases
- Coordinate with concerned Agencies/Offices/Local Police Stations
regarding reported stolen Motor Vehicle; and
- Monitor validation reports submitted in all carnapping cases
- Conduct appropriate intervention activitiesrelative to this procedure
and
- Perform other tasks as directed.
i. Chief, Motor Vehicle Concern Section
- Supervise the Motor Vehicle Concern Section investigators in the
implementation of this procedure;
- Ensure all documents submitted by Regional Highway Patrol
Units/Provincial Highway Patrol Team/Motor Vehicle Concern
Section with regards to the investigation reports whichare complete,
original and/or authenticated; and
- Perform other tasks as directed.
10. EFFECTIVITY:
This MEMORANDUM CIRCULAR shall take effect immediately.
ROBERTO B FAJARDO
Police Chief Superintendent
Director, HPG
Distribution:
Division Chief, HPG
Regional Chief, RHPUs
Provincial Chief, PHPTs
Chief, MVCS
ADDENDUM “1”
Requirements:
2.Nationwide Alarm
For Applicant:
a. Filled-up notarized Complaint Sheet/Alarm Sheet and SinumpaangSalaysay;
b. Original OR/CR or sales invoice of the Subject MV;
c. Authenticated copies of MV records from LTO;
d. Insurance Policy (Comprehensive or TPL);
e. Two (2) valid identification cards (at least one (1) Government ID) with three
(3) Specimen signatures of the rightful owner and the person who has control
of the MV when it was seized;
f. Latest two (2) pieces of 2”x3” picture of the rightful owner and the person
who has control of the motor vehicle when it was seized.
For HPG:
a. Validation Report from the concerned validating team;
b. Authenticated Copy of Local Police Report and/or Incident Record Form.
Additional Requirements
3. Nationwide Watchlist
1. Copy of the Deed of Sale if no transfer of ownership was effected from the
registered owner to the possessor;
2. Submission of a Secretary’s Certificate and Board Resolution stating the
duly authorized representative if the MV is registered in the name of a
company/corporation/association, or a Special Power of Attorney (SPA) for
individual applicant, if the owner is not present;
3. Death Certificate and Marriage Certificate (For Surviving Spouse);
4. Extrajudicial Settlement of Estate (For Surviving Heirs);
5. Copy of Estafa complaint filed before the National Prosecution Service or its
Provincial and City offices; or
6. Copy of the Writ of Seizure issued by the Trial Court; or
7. Copy of the Official request from the requesting Government Agency.
Additional Requirements
1. Special Power of Attorney (if the registered owner or the rightful owner is a
private individual); or Corporate Secretary with Board Resolution (if the
vehicle is owned by a corporation)
2. 2x3 Pictures of applicant/representative/registered owner
3. 2 pieces valid ID’s of applicant/representative/registered owner with three
(3) specimen signatures
4. Death Certificate and Marriage Certificate (for surviving spouse) or
Extrajudicial Settlement (for surviving heirs).
5. Release of Claims and Deed of Sale (if the previous owner has already
claimed insurance proceeds from the insurance company)
Submission /
Initial interview / Fill up photocopy of LTO
Complaint Sheet with O.R. and C.R.
RHPUs/SOD
APPLICANT
HPG TOC
Releasing (MVCS)
MVCS
HPG TOC
RHPUs 1 to
13, RHPU- PROs 1 to 13,
NCR, RHPU- PRO, PRO-
COR, RHPU- COR, RHPU-
RHPU/SOD
ARMM ARMM
COMPLAINANT
STEPS IN THE APPLICATION FOR NATIONWIDE ALARM
Initial interview / fill out
Complaint Submission / photocopy
Sheet/Sinumpaang of initial requirements WATCH LIST
Salaysay and alarm sheet
(SOD-MVCS/RHPUs)
APPLICANT RELEASING
Submission of original
requirements for
Nationwide Alarm
Releasing (MVCS)
Preparation of IR
(SOD-MVCS/RHPUs)
Approval by
Encoding VIMS Provide Alarm Number
(MVCD) HPG MVCC and
(MVCS)
Director, HPG
NOTE:
*Validation can be done immediately *A maximum of 30 days prior to the issuance of CNR
*Maximum period is 5 days for the approval of Nationwide Alarm
APPLICANT
RELEASING
Submission of original
requirements for
Nationwide Watchlist
Releasing (MVCS)
Approval by Preparation of IR
Encoding VIMS (SOD-MVCS/RHPUs)
(MVCD) HPG MVCC Chairman
NOTE:
*Validation can be done immediately *A maximum of 30 days prior to the issuance of CNR
*Maximum period is 5 days for the approval of Nationwide Alarm
STEPS IN THE ISSUANCE OF CERTIFICATE OF NON-RECOVERY
(FOR MVs COVERED BY ALARM)
AUTOMATIC
VERIFICATION BY MVCS
ON THE PERIOD OF MVs
INCLUSION THE HPG
ALARM
Automatic Issuance of
CNR 30 days after
Inclusion in the HPG
Alarm
APPLICANT
RELEASING
Approval by
HPG DIRECTOR upon
Releasing (DDO) recommendation of HPG Preparation of
MVCC Memorandum (MVCS)
Filling up of Application
form by the applicant
with the MVCS
Preparation of
APPLICANT
Memorandum (MVCS)
with attached
CERTIFICATION
RELEASING
Macro Etching
Fill up Application for Examination
Re-stamping (MVCS)
APPLICANT Submission/
photocopy of
requirements (MVCS)
RELEASING
Preparation of
memorandum
(MVCS)
Approval by Regional
Office/
Releasing (DDO) HPG MVCC and
HPG Director
Fill up Application
Form for Lifting of Macro Etching
Alarm(MVCS) Examination
APPLICANT Submission of
requirements (MVCS)
RELEASING
Preparation of
memorandum
(MVCS)
Fill up Application
Form for Lifting of Macro Etching
Alarm(MVCS) Examination
APPLICANT Submission of
requirements (MVCS)
RELEASING
Preparation of
memorandum
(MVCS)
Fill up Application
Form for Lifting of Macro Etching
Alarm(MVCS) Examination
APPLICANT Submission of
requirements (MVCS)
RELEASING
Preparation of
memorandum
(MVCS)