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The Anti-Fencing Law

The 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 prima

facie 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 itsaccessory penalties are imposed.3.) Prision correccional medium and maximum if the value of the stolen

object 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 2005.) 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!)

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7/29/2019 The Anti Fencing Act

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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 for

deterioration 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.