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Abm Elective q3 Lesson 4
Abm Elective q3 Lesson 4
Abm Elective q3 Lesson 4
Robbery vs Theft
the act of robbing—stealing, physical removal of an object that
especially by force or through is capable of being stolen without
threats of violence the consent of the owner and with
the intention of depriving the
owner of it permanently
Special Topics for
ABM
Elective Class
Q3 Lesson 4
At the end of the session, the learners are
expected to:
Barker, M., J. Geraghty, B. Webb, and T. Key (2013). The Prevention of Street Robbery . Crime
Prevention Unit Series, Paper No. 44. London: Home Office.
Barker, M., and S. Page (2012). "Visitor Safety in Urban Tourism Environments: The Case of
Auckland, New Zealand." Cities 19(4):273–282.
Clarke, R. (2009). Hot Products: Understanding, Anticipating and Reducing Demand for Stolen
Goods. London: Home Office Research, Development and Statistics Directorate.
Cook, P. (2019). "Robbery." In M. Tonry (ed.), The Oxford Handbook of Crime and Public Policy , pp.
102–114. New York: Oxford University Press.
What is Anti-Fencing Law ( PD No. 1612 ) of 1979?
BRIEF HISTORY OF PD 1612 OR THE ANTI-FENCING LAW
Presidential Decree No. 1612 or commonly known as the Anti-Fencing Law of 1979 was enacted under the authority of
therein President Ferdinand Marcos. The law took effect on March 2, 1979. The Implementing Rules and Regulations of the
Anti-Fencing Law were subsequently formulated and it took effect on June 15, 1979.
Robbery: is the taking of personal property belonging to another, with intent to gain, by
means of violence against or intimidation of any person, or using force upon anything.
Fencing: is the act of any person who, with intent to gain for himself or for another, shall buy,
receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other
manner deal in any article, item, object or anything of value which he knows, or shall be known to
him, to have been derived from the proceeds of the crime of robbery or theft.
Are crimes of robbery and theft separate and distinct from fencing?
Crimes of robbery and theft are separate and distinct from fencing, in the
following sense:
Before the enactment of P.D. No. 1612, a person who committed the act of fencing could be
prosecuted as an accessory to the crime of theft and robbery. Upon conviction, he is
punished with a penalty two degrees lower than the principal.
With the advent of PD No. 1612, such person can be prosecuted as an accessory under the
Revised Penal Code (RPC) or as a principal under PD No. 1612.
The State now has a choice to either prosecute a person under RPC or under PD 1612.
However, the preference for the latter would seem inevitable considering that fencing is
a malum prohibitum crime, and P.D. No. 1612 creates a presumption of fencing
and prescribes a higher penalty based on the value of the property.