Professional Documents
Culture Documents
1612)
Fencing is “the act of any person who, with intent to gain for himself or 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 should be known to him, to have been derived from the proceeds of the
crime of robbery or theft.” (Sec. 2, par. a)
Elements:
The offender may be prosecuted at the place where he took hold of the property and
not at the place of the commission of the theft or robbery.
Based on Sec. 5, the law does dot require proof of purchase of the stolen articles,
as mere possession thereof is enough to give rise to a presumption of fencing.
Civil indemnity is authorized under Sec. 3 par. a of the law which includes
the accessory penalty pertaining thereto vis-a-vis Art. 104 of the RPC. Such civil
liability includes the restitution of the thing or the reparation of the damage caused
plus indemnification for consequential damages.