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Anti-Fencing Law Primer

PD 1612, March 2, 1979

I. PURPOSETo impose heavy penalties on persons who profit by the effects of the crimes

of robbery and theft.II. DEFINITION OF TERMS (Sec. 2)

FENCING the act of any person who, with intent to gain for himself or foranother, shall buy, receive, possess, keep, acquire, conceal, sell or disposeof, or shall buy and sell, or in any other manner deal in any article, item,object or anything of value which he knows, or should be known to him, tohave been derived from the proceeds of the crime of robbery or theft

FENCE includes any person, firm, association, corporation or partnership orother organization who/which commits the act of fencing

III. ELEMENTS1. A crime of robbery or theft has been committed;2. The accused, who is not a principal or accomplice in the commission of

the crime of robbery or theft, buys, receives, possesses, keeps,acquires, conceals, sells or disposes, or buys and sells, or in anymanner deals in any article, item, object or anything of value, whichhas been derived from the proceeds of the said crime;

3. The accused knows or should have known that the said article, item,

object or anything of value has been derived from the proceeds of thecrime of robbery or theft; and

4. There is, on the part of the accused, intent to gain for himself or foranother (presumed)

IV. PRESUMPTION OF FENCING (Sec. 5)Mere possession of any good, article, item, object or anything of value whichhas been the subject of robbery or thievery shall be prima facie evidence offencing.NOTA BENE:

Fencing may be shown when the buyer bought the article at a priceway below ordinary prices.

The prosecution must prove that a crime of theft or robbery has beencommitted (first element) but there need not be an information filed incourt before the crime of fencing is prosecuted.

V. CLEARANCE/PERMIT TO SELL USED SECOND HAND ARTICLES...All stores, establishments or entities dealing in the buy and sell of any good,article, item, object or anything of value obtained from an unlicensed dealer or

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supplier thereof, shall before offering the same for sale to the public, secure thenecessary clearance or permit from the station commander of the IntegratedNational Police in the town or city where such store, establishment or entity islocated.

The Anti-Fencing LawThe fencing in this law (PD 1612) refers to a crime that in many waysaccompanies crimes against property. It happens when a person buys, sells,accepts, keeps, conceals, acquires or in any manner disposes of somethingthat he knows or should know is stolen. It is accompanied by the intent togain from the stolen object. The "fence" is a person or organization thatperforms any of the above-mentioned acts. So beware of random people whosuddenly walk up to you and hold out something for sale like a pair ofshades, a watch or a piece of jewelry. Chances are if you buy it you could becommitting a crime.

Elements:

1.) Robbery or theft was committed2.) The accused is neither an accomplice nor principal and buys, accepts,sells, etc. the stolen item3.) The accused knows or should know that the object is stolen4.) The accused was motivated to profit for himself or for another person

The third element is crucial. Moral turpitude must be proven. If this can't beproven, the prosecution has a problem. There is a clue, however. Sec. 5 ofthe law states that mere possession of the stolen object constitutes primafacie evidence that fencing took place.

Penalties:

1.) Prision mayorif the stolen object is valued between Php 12,000.00 to Php22,000.00. If the value exceeds Php 22,000.00, the penalty is put at itsmaximum period with an additional year for every additional Php10,000.00but not to exceed 20 years2.) If the value is greater than the limit in #1, reclusion temporal and its

accessory penalties are imposed.3.) Prision correccional medium and maximum if the value of the stolenobject is higher than Php 6,000.00 but not higher than Php 12,000.003.) Prision correccional minimum and medium if the stolen property is worthmore than Php 200 but not higher than Php 6,000.004.) Arresto mayor medium to prision correccional minimum if the value ismore than Php 50 but not more than Php 200

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5.) Arresto mayormedium if the value is more than Php 5 but not higherthan Php 50 (ouch!)6.)Arresto mayorminimum if the value is Php 5 or less (yeeeouch!)

In addition to jail time the stolen object is to be returned to its rightful owner,

even if it's in the hands of a third person unless it was acquired followingrequirements set by law and the law now bars recovery. Reparation fordamages is also required as well as indemnity for damages. Allowance fordeterioration or diminution will also be determined by the court.

The Indeterminate Sentence Law is also applicable to PD 1612. Furthermore,establishments or entities that sell secondhand items are required to possessa police clearance to sell such items. Failure to produce such a license orviolations in the rules an regulations for the license will be considered aviolation of PD 1612. This, however, doesn't cover rummage and garagesales.