PRESENTATION

ON

P.D. NO. 1612

(ANTI-FENCING LAW OF 1979)
 WHAT IS FENCING?
1. It is the ACT of any person;
2. With intent to gain for himself or for another;
3. Who shall:
• Buy,
• Receive,
• Possess,
• Keep, Any article,
• Acquire, Item,
• Conceal, object or,
• Sell, or Anything of value
• Dispose of, or
• Buy and sell, or
• Deal in
3. Which he knows, or should be known to him.
4. To have been derived from the proceeds of the crime of
robbery or theft.
 WHO ARE FENCE?

A fence is an individual "Fence" includes any

who knowingly buys stolen person, firm,
property and later resale, association
sometimes in a legitimate corporation or
market. The fence thus acts partnership or other
as a middleman between organization
thieves and the eventual who/which commits
buyers of stolen goods who the act of fencing.
may not be aware that the
goods are stolen. (Wikipedia)
 WHY PD 1612 WAS ENACTED?

To curtail and put an end To also punish those

to the rampant robbery of who buy stolen
government and private properties. If no
properties. buyers then the
malefactors could not
profit from their
wrongdoings.
With the existence of
“ready buyers” the
business of robbing and
stealing have become
profitable
 WHO ARE LIABLE?

The person liable is If the fence is a

the one buying, corporation, partnership,
keeping, concealing association or firm, the one
liable is the president or the
and selling the stolen
manager or the officer who
items. knows or should have
known the fact that the
offense was committed.
WHAT IS THE PRESUMPTION
UNDER THE LAW?

Mere possession of any good,

article, object or anything of value
which has been the subject o
robbery or thievery, shall be prima
facie evidence of fencing. (Dunlao Sr
v. CA, et al, GRN 111343, Aug 22, 1996)
 WHAT ARE THE ELEMENTS
OF FENCING?
1. A crime of robbery or theft
has been committed.
2. The accused, who is not a
principal or accomplice in
robbery or theft, buys;
receives; possess; keeps;
acquires; conceals; sells; or
disposes; or buys and sells; or
in any manner deals in any
article; item; object or anything
of value, which has been
derived from the proceeds of
3. The accused knows or
should have known that
the said article, item, or
object or anything of
value has been derived
from the proceeds of the
crime of robbery or theft.
4. There is on the part of
the accused, intent to
gain for himself or for
another.(Dizon-Pamintuan
v. People, GRN 111426, 11
July 1994)
 MAY A FENCE BE PROSECUTED
UNDER THE RPC AND PD 1612?

The State may choose Although, the reference for

to prosecute him either the latter would seem
under the RPC or PD inevitable considering that
1612. fencing is a malum
prohibitum, and PD 1612
creates a presumption of
fencing and prescribes a
higher penalty based on
the value of property.
 IS PROOF OF PURCHASE
NECESSARY IN PD 1612?

The law does not It was incumbent upon

require proof of petitioner to overthrow
purchase of the stolen this presumption by
articles by petitioner, as sufficient and convincing
mere possession evidence. (Caoili v. CA, GRN
thereof is enough to 128369, 22 Dec 1997)
give rise to a
presumption of fencing.
[Lim v CA, 222 SCRA 286,
287 (1993)]
 RULES REGARDING BUY AND SELL
OF SECOND HAND GOODS

The law requires the “Used secondhand

establishment engaged in the article” shall refer to
buy and sell of goods to any goods, article,
obtain a clearance or permit item, object or
to sell “used second hand anything of value
items”. obtained from an
unlicensed dealer or
"Buy and Sell" refer to the supplier, regardless of
transaction whereby one whether the same has
purchases used secondhand actually or in fact been
articles for the purpose of used.
resale to third persons.
 PROCEDURE FOR SECURING
PERMIT/CLEARANCE
1. Submission of initial affidavit within 30 days from
receipt of notice, and subsequent affidavit once
every 15 days within five days after the period
covered, containing:
a. Complete inventory of articles c. The place where the
acquired daily from whatever articles are presently
source and the addresses of deposited or kept in
the persons from whom such stock.
articles were acquired.
The Station Commander
b. Full list of articles to be sold
may require that the
or offered for sale as well as
affidavit be accompanied by
the place where the date
other documents showing
when the sale or offer for sale
proof of legitimacy of the
shall commence.
acquisition of the articles.
 PROCEDURE FOR SECURING
PERMIT/CLEARANCE
2. Filing of application with the station commander,
stating:

(a) The name, address and (b) The article to be sold or

other pertinent circumstances
of the persons, in case of an
individual or, in the case of a
firm, corporation, association,
partnership or other entity,
the name, address and other
pertinent circumstances of the
president, manager or officer-
in-charge.
offered for sale to the public
and the name and address of
the unlicensed dealer or
supplier from whom such
article was acquired.
Attaching to it the corresponding
receipt or other equivalent document
to show proof of the legitimacy of
acquisition of the article.
 PROCEDURE FOR SECURING
PERMIT/CLEARANCE
3. Examination of documents to determine the
legitimacy of acquisition of the article, subject to the
following conditions:

a. Publication of If found stolen, SC shall hold the

notice if the article in restraint as evidence in any
legitimacy cannot appropriate case to be filed. Articles
be satisfactorily held in restraint shall be kept and
explained. disposed of as the circumstances of
each case permit. it shall be the duty
b. If no claim is made, of the SC concerned to advise/notify
the station the COA of the case and comply with
commander shall
issue clearance or
such procedure as may be proper
permit sought. under applicable existing laws, rules
and regulations.
 PROCEDURE FOR SECURING
PERMIT/CLEARANCE

4. Issuance or denial of the For the issuance of

application. Denial of an clearances/permit
application shall be in required under
writing and shall state in Section 6 of P.D.
brief the reason/s No. 1612, no fee
therefor. shall be charged.
 VISITORIAL POWER OF THE
STATION COMMANDER

The Station Visitations shall be exercised

Commander or only during office or business
his authorized hours and upon authority in
representative writing by the INP
has the power to Superintendent (PDs, or CDs, or
DDs, NCRPO Districts) in the
exercise visitorial
district and for the sole purpose
powers. of determining whether articles
are kept in possession or stock
contrary to the intents of Section
6 of P.D. No. 1612.
 WHAT ARE THE DUTIES OF
STATION COMMANDER?

At the end of each (b) Submit a full report to the INP

month, it shall be the District Superintendent on the
duty of the Station number of applications for clearances
or permits processed by his office,
Commander
indicating therein the number of
concerned to: clearances/permits issued and the
number of applications denied. The
report shall state the reasons for
denial of an application and the
(a) Make and maintain a corresponding follow-up actions taken
file in his office of all and shall be accompanied by an
clearances/permit issued inventory of the articles to be sold or
by him. offered for sale in his jurisdiction.
 WHAT ARE THE DUTIES OF THE INP
DISTRICT SUPERINTENDENT?

On the basis of the Submission of semi-

reports submitted by SC annual reports INP
(or COPs or CDs), the Directors (RDs, PROs)
PDs, or DDs, NCRPO to the Director-
Districts in turn shall General, Integrated
submit quarterly reports National Police (C,
to the INP Director (RDs, PNP).
PROs).
 WHAT ARE THE PENALTIES?
Any person who (a) Prision mayor, if the property
fails to secure the involved is more than Php12,000
clearance or pesos but not exceeding 22,000
permit required pesos;
by Section 6 of (b) If the value exceeds Php22,000,00,
P.D. 1612 or who the penalty shall be imposed in its
violates any of maximum period, adding one year
for each additional 10,000 pesos;
the provisions of
but the total penalty which may be
these rules and imposed shall not exceed twenty
regulations shall years. In such cases, the penalty
upon conviction shall be termed reclusion temporal
be punished as a and the accessory penalty pertaining
fence. thereto provided in the Revised
Penal Code shall also be imposed.
 WHAT ARE THE PENALTIES?
(b) Prision correccional
in its medium and
maximum periods, if the
value of the property is
more than 6,000 pesos
but not exceeding
12,000 pesos.
(c) Prision correccional in
its minimum and
medium periods, if the
value is more than 200
pesos but not exceeding
6,000 pesos.
(d) Arresto mayor in its medium
period to prision correccional in its
minimum period, if the is over 50
pesos but not exceeding 200
pesos.
(e) Arresto mayor in its medium
period if such value is over five
pesos but not exceeding 50 pesos.
(f) Arresto mayor in its minimum
period if such value does not
exceed 5 pesos.
 WHAT ARE THE PENALTIES?

Cancellation of the Any personnel of the Integrated

business license of National Police (PNP) found violating
the erring individual, Sec. 6 of P.D. No. 1612 who connives
store, establishment with or through his negligence or
or the entity inaction makes possible the
concerned. commission of such violations by any
party required to comply with the law,
shall be prosecuted criminally without
prejudice to the imposition of
administrative penalties.
THANK YOU and GOOD DAY