PRESIDENTIAL DECREE NO.
1612: ANTI-FENCING LAW
The fencing in this law (PD 1612)
refers to a crime that in many ways
accompanies crimes against property. It
happens when a person buys, sells, accepts,
keeps, conceals, acquires or in any manner
disposes of something that he knows or
should know is stolen. It is accompanied by
the intent to gain from the stolen object. The
"fence" is a person or organization that
performs any of the above-mentioned acts.
So beware of random people who suddenly
walk up to you and hold out something for
sale like a pair of shades, a watch or a piece
of jewelry. Chances are if you buy it you
could be committing a crime.
Elements:
1.) Robbery or theft was committed
2.) The accused is neither an accomplice
nor principal and buys, accepts, sells, etc.
the stolen item
3.) The accused knows or should know that
the object is stolen
4.) 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 be
proven, the prosecution has a problem.
There is a clue, however. Sec. 5 of the law
states that mere possession of the stolen
object constitutes prima facie evidence that
fencing took place.
Penalties:
1.) Prision mayor if the stolen object is
valued between Php 12,000.00 to Php
22,000.00. If the value exceeds Php
22,000.00, the penalty is put at its
maximum period with an additional year
DIEANNE MAE CUDAL ESPARTERO
JD-4
09/23/2019
for every additional Php10,000.00 but not
to exceed 20 years
2.) 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 stolen object is
higher than Php 6,000.00 but not higher
than Php 12,000.00
3.) Prision correccional minimum and
medium if the stolen property is worth more
than Php 200 but not higher than Php
6,000.00
4.) Arresto mayor medium to prision
correccional minimum if the value is more
than Php 50 but not more than Php 200
5.) Arresto mayor medium if the value is
more than Php 5 but not higher than Php 50
6.) Arresto mayor minimum if the value is
Php 5 or less
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 following
requirements set by law and the law now
bars recovery. Reparation for damages 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 possess a
police clearance to sell such items. Failure
to produce such a license or violations in the
rules and regulations for the license will be
considered a violation of PD 1612. This,
however, doesn't cover rummage and
garage sales.