Anti-Fencing Law Of 1979
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Anti-Fencing Law Of 1979
Presidential Decree No. 1612
March 2, 1979
Case Overview and Summary
Summary of the Anti-Fencing Law of 1979 (Presidential Decree No. 1612)Definition of Terms (Section 2):
- "Fencing" is the act of buying, receiving, possessing, keeping, acquiring, concealing, selling, disposing, or dealing with any article derived from robbery or theft.
- "Fence" includes any person, firm, association, corporation, or partnership committing the act of fencing.
Penalties for Fencing (Section 3):
- Value over 22,000 pesos: Reclusion temporal (maximum 20 years) plus accessory penalties
- Value over 12,000 to 22,000 pesos: Prision mayor
- Value over 6,000 to 12,000 pesos: Prision correccional (medium and maximum periods)
- Value over 200 to 6,000 pesos: Prision correccional (minimum and medium periods)
- Value over 50 to 200 pesos: Arresto mayor (medium period) to prision correccional (minimum period)
- Value over 5 to 50 pesos: Arresto mayor (medium period)
- Value not exceeding 5 pesos: Arresto mayor (minimum period)
Liability of Officials of Juridical Persons (Section 4):
- If the fence is a partnership, firm, corporation, or association, the president, manager, or any officer who knows or should have known the offense shall be liable.
Presumption of Fencing (Section 5):
- Mere possession of any article subject to robbery or thievery shall be prima facie evidence of fencing.
Clearance/Permit to Sell Used Secondhand Articles (Section 6):
- Stores, establishments, or entities dealing in used secondhand articles from unlicensed dealers/suppliers must secure a clearance/permit from the local police station before selling to the public.
- Rules and regulations are provided for the issuance of clearances/permits, including procedures, appeals, penalties, visitorial powers, and reporting requirements.
Repealing Clause (Section 7):
- All laws or parts thereof inconsistent with this Decree are repealed or modified accordingly.
Effectivity (Section 8):
- This Decree shall take effect upon approval.
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Anti-Fencing Law Of 1979
Presidential Decree No. 1612
•March 2, 1979
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979
WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and private properties;
WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the existence of ready buyers, commonly known as fence, of stolen properties;
WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly;
WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land the following:
Section 1. Title. This decree shall be known as the Anti-Fencing Law.
Section 2. Definition of Terms. The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with intent to gain...
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Amends
n/a
Amended by
n/a
Tags
Executive Issuances
Presidential Decrees
fencing
stolen goods
robbery
theft
penalties
prision mayor
prision correccional
arresto mayor
clearance
permit
secondhand articles
unlicensed dealers
presumption
liability
juridical persons
repealing clause
effectivity
MALACAÑANGM a n i l a
PRESIDENTIAL DECREE No. 1612
ANTI-FENCING LAW OF 1979
WHEREAS, reports from law enforcement agencies reveal that there is rampant robbery and thievery of government and private properties;
WHEREAS, such robbery and thievery have become profitable on the part of the lawless elements because of the existence of ready buyers, commonly known as fence, of stolen properties;
WHEREAS, under existing law, a fence can be prosecuted only as an accessory after the fact and punished lightly;
WHEREAS, is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land the following:
Section 1. Title. This decree shall be known as the Anti-Fencing Law.
Section 2. Definition of Terms. The following terms shall mean as follows:
(a) "Fencing" is the act of any person who, with intent to gain...
Login to see full content