Article 189Act No. 3815, Sec./Art. 189

Unfair competition and fraudulent registration of trade-mark or trade-name.-The penalty provided in the next preceding article shall be imposed upon any person who, in unfair competition and for the purpose of deceiving or defrauding another of his legitimate trade or the public in general, shall sell his goods giving them the general appearance of goods of another manufacturer or dealer, either in the wrapping of the packages in which they are contained, or the device or words thereon, or in any other feature of their appearance which would be likely to induce the public to believe that the goods offered are those of a manufacturer or dealer other than the actual manufacturer or dealer, or shall give other persons a chance or opportunity to do the same with a like purpose.

The penalty of prision correccional in its minimum period or a fine ranging from 200 to 2,000 pesos, or both, shall be imposed upon any person who, by means of false or fraudulent representations or declarations, orally or in writing, or by other fraudulent means shall procure from the Office of Patents, Copyrights, and trade-marks the registry of a trade-mark, or of himself as the owner of a trade-mark or trade-name, or an entry respecting a trade-mark or trade-name.

TITLE FIVE

CRIMES RELATIVE TO OPIUM AND OTHER PROHIBITED DRUGS

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

if any, and dismantling of obstruction shall be at his own

expense and confiscation of same.

Section 106. Obstruction to Fishery Law Enforcement

Officer. - The boat owner, master or operator or any

person acting on his behalf of any fishing vessel who

evades, obstructs or hinders any fishery law enforcement

officer of the Department to perform his duty, shall be

fined Ten thousand pesos (P10,000.00). In addition, the

registration, permit and/or license of the vessel including

the license of the master fisherman shall be canceled.

Section 107. Promulgation of Administrative Orders. -

For

purposes

of

fishery

regulation

or

other

fishery

adjustments, the Department in consultation with the

LGUs and local FARMCs, shall issue Fishery Administrative

Orders or regulations for the conservation, preservation,

management and sustainable development of fishery

and aquatic resources.

RA No 10883 | New Anti-Carnapping Act of 2016

July 17, 2016 *

REPUBLIC ACT NO. 10883

AN ACT PROVIDING FOR A NEW ANTI-CARNAPPING

LAW OF THE PHILIPPINES

SECTION 1. Short Title . — This Act shall be known as the

"New Anti-Carnapping Act of 2016".

SECTION 2. Definition of Terms . — As used in this Act:

(a) Body building refers to a job undertaken on a motor

vehicle in order to replace its entire body with a new

body;

(b) 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 found 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;

(c) Dismantling refers to the tearing apart, piece-by-piece

or part-by-part, of a motor vehicle;

(d) 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;

(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 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 a separate motor vehicle with no power

rating;

(f) Overhauling refers to the cleaning or repairing of the

whole engine of a motor vehicle by separating the motor

engine and its parts from the body of the motor vehicle;

(g) Repainting refers to changing the color of a motor

vehicle by means of painting. There is painting whenever

the new color of a motor vehicle is different from its color

registered in the Land Transportation Office (LTO);

(h)

Remodeling

refers

to

the

introduction

of

some

changes in the shape or form of the body of the motor

vehicle;

(i) Second hand spare parts refer to the parts taken from

a carnapped vehicle used in assembling another vehicle;

(j) 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; and

(k) 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.

SECTION 3. Carnapping; Penalties . — Carnapping 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.

Any person who is found guilty of carnapping shall,

regardless of the value of the motor vehicle taken, be

punished by imprisonment for not less than twenty (20)

years and one (1) day but not more than thirty (30) years,

when the carnapping is committed without violence

against or intimidation of persons, or force upon things;

and by imprisonment for not less than thirty (30) years

and one (1) day but not more than forty (40) years, when

the carnapping is committed by means of violence

against or intimidation of persons, or force upon things;

and the penalty of life imprisonment shall be imposed

when the owner, driver, or occupant of the carnapped

motor vehicle is killed or raped in the commission of the

carnapping.

Any person charged with carnapping or when the crime

of carnapping is committed by criminal groups, gangs or

syndicates or by means of violence or intimidation of any

person or persons or forced upon things; or when the

owner, driver, passenger or occupant of the carnapped

vehicle is killed or raped in the course of the carnapping

shall be denied bail when the evidence of guilt is strong.

SECTION 4. Concealment of Carnapping . — Any person

who

conceals

carnapping

shall

be

punished

with

imprisonment of six (6) years up to twelve (12) years and a

fine equal to the amount of the acquisition cost of the

motor vehicle, motor vehicle engine, or any other part

involved in the violation: Provided, That if the person

violating any provision of this Act is a juridical person, the

penalty herein provided shall be imposed on its president,

secretary, and/or members of the board of directors or

any of its officers and employees who may have directly

participated in the violation.

Any public official or employee who directly commits the

unlawful acts defined in this Act or is guilty of gross

negligence of duty or connives with or permits the

commission of any of the said unlawful acts shall, in

addition to the penalty prescribed in the preceding

paragraph, be dismissed from the service, and his/her

benefits forfeited and shall be permanently disqualified

from holding public office.

SECTION 5. Original Registration of Motor Vehicles . — Any

person

seeking

the

original

registration of a motor

vehicle, whether that motor vehicle is newly assembled or

rebuilt or acquired from a registered owner, shall, within

one (1) week after the completion of the assembly or

rebuilding

job

or

the

acquisition

thereof

from

the

registered owner, apply to the Philippine National Police

(PNP)

for

the

clearance

of

the

motor

vehicle

for

registration with the LTO. The PNP shall, upon receipt of

the

application,

verify

if

the

motor

vehicle

or

its

© Compiled By RGL

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