The Anti-Cattle Rustling Law Of 1974

Case Overview and Summary

Summary of the Anti-Cattle Rustling Law of 1974

Title and Definition of Terms (Sections 1-2):
- This law is known as the "Anti-Cattle Rustling Law of 1974".
- It defines the following terms:
  - "Large cattle" includes cows, carabaos, horses, mules, asses, and other domesticated bovine animals. (Section 2a)
  - "Owner/raiser" includes herdsmen, caretakers, employees, tenants, or anyone in lawful possession of large cattle. (Section 2b)
  - "Cattle rustling" is the taking away of large cattle without the owner's consent, whether for profit or not, and with or without violence or intimidation. It also includes killing large cattle or taking their meat or hide without consent. (Section 2c)

Registration and Permit Requirements (Sections 3-6):
- Owners/raisers must register their large cattle with the city/municipal treasurer before the cattle reach 6 months old and obtain a certificate of ownership. Fees may be imposed for registration. (Section 3)
- Public officials involved in registration must follow the Revised Administrative Code, except where inconsistent with this law. (Section 4)
- A permit from the Provincial Commander and city/municipal treasurer is required to engage in the business of buying and selling large cattle, valid only in that province. (Section 5)
- To transport large cattle, hides, or meat between provinces, a permit from the Provincial Commander is required, along with a certificate of ownership, veterinary certification, and other necessary documents. For transport within a province, a permit from the city/municipal treasurer is required. (Section 6)

Presumption and Penalties for Cattle Rustling (Sections 7-8):
- Failure to exhibit required documents upon demand is prima facie evidence of cattle rustling. (Section 7)
- Penalties for cattle rustling:
  - Without violence/intimidation: prision mayor maximum to reclusion temporal medium (6 years 1 day to 14 years 8 months)
  - With violence/intimidation: reclusion temporal maximum to reclusion perpetua (17 years 4 months 1 day to 40 years)
  - If someone is seriously injured or killed: reclusion perpetua to death
- Additional penalties for government officials/employees: disqualification from voting/public office
- For alien offenders: deportation after serving sentence

Implementation and Repealing Clause (Sections 9-11):
- The Chief of Constabulary shall promulgate rules and regulations for implementation. (Section 9)
- This law repeals or modifies Articles 309 and 310 of the Revised Penal Code and other inconsistent laws. (Section 10)
- This law takes effect upon approval. (Section 11)