Dear PAO,
Last night, my motorcycle was stolen. Fortunately, there was a CCTV camera in the neighborhood that the robber did not notice, so we were able to identify him instantly. I want to file a complaint against him, but I am afraid that since he belongs to a gang he could take revenge against me while he is out on bail. Can he be released on bail?
Jairus

Dear Jairus,
Please be informed of Section 3 of Republic Act 10883, known as the “New Anti-Carnapping Act of 2016,” which states that:
“Sec. 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.”
Based on the above-stated law, carnapping is a non-bailable offense whenever the evidence of guilt is strong. In your case, since there is TV footage that can be used as evidence to identify the perpetrator clearly, this might be interpreted as strong evidence of guilt, which is sufficient to deny him or her the right to be granted bail.
We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net