WHEREAS, as
a result of the government's unrelenting campaign against carnapping,
several carnapped or stolen motor vehicles have been recovered by the
different law enforcement agencies of the government;chanroblesvirtualawlibrary
WHEREAS, some of these motor vehicles which are now impounded in the
different impounding centers of the Philippine Constabulary/Integrated
National Police have remained impound and unclaimed for a length of
time due to the absence of any claimant thereof; chanroblesvirtualawlibrary
WHEREAS, the identification of these motor vehicles for the purpose of
determining ownership thereof have become difficult, if not impossible,
considering that the original numbers of the tampered engine and
chassis numbers could no longer be determined and restored;chanroblesvirtualawlibrary
WHEREAS, the maintenance of such impounded and abandoned vehicles is
causing unnecessary expenses to the government, aside from the manpower
involved in maintaining these motor vehicles, which could otherwise be
channeled to and utilized for other purposes;chanroblesvirtualawlibrary
WHEREAS, these impounded and unclaimed motor vehicles whose value run
to millions of pesos, while thus remaining unclaimed, will
progressively deteriorate and will ultimately become totally useless,
thus constituting economic wastage which should be avoided at all cost.
Hence, it is imperative that said vehicles be appropriately and
economically disposed of.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution, do hereby order and decree:cralaw:red
Section 1. Two new sections are hereby inserted
between Section 12 and 13 of Republic Act No. 6539 to be denominated as
Section 12-A and Section-B which shall read as follows:cralaw:red
"Sec. 12-A. All carnapped or stolen motor vehicle,
recovered and impound by law enforcement agencies which after a period
of three (3) months from the date of its seizure/recovery have remained
unclaimed or whose real owners could no longer be determined or
established because the original numbers of the motor engine or chassis
numbers could no longer be determined and restored, are considered as
abandoned motor vehicles and shall be sold and disposed of by the Chief
of Constabulary of his authorized representative in a public auction;
Provided, That, in all cases before any public auction is effected,
there shall be published once a week for three (3) consecutive weeks in
a newspaper of general circulation in the Philippines or in the place
where it was recovered or found, a description of the motor vehicles
intended to be auctioned with a notice that after the lapse of one
month from the date of the last publication, should no person file a
claim for the recovery of the same, said motor vehicles will be sold at
public auction; Provided, Finally that the date and place of the public
auction to be conducted by the Chief of Constabulary or his authorized
representative shall already be fixed in the last publication
aforementioned.
"Sec. 12-B. After the public auction, the proceeds
shall be applied to answer for charges including storage and cost of
publication and related expenses incurred in connection therewith;
Provided, That, the remainder, if any, shall be retained by the
Philippine Constabulary/Integrated National Police to be used for the
operational expenses of the Anti-Carnapping Task Force or any such unit
as may hereinafter be created for a similar purpose for which the
Anti-Carnapping Task Force was created.
Section 2. The Chief of Constabulary shall promulgate
rules and regulations implemented upon recommendation of the Minister
of National Defense.
Section 3. All laws, decrees, letter of instructions
orders, rules and regulations or any part thereof which are in conflict
with the provision of this Decree are hereby repealed, amended or
modified accordingly. chanroblesvirtualawlibrary
Section 4. This Decree shall take effect immediately.
Done in the City of Manila this
23rd day of March in the year of Our Lord Nineteen Hundred and
Eighty-Four.
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