ANTI-FENCING LAW
OF 1979 (PD NO. 1612)
DEFINITION
Fencing as defined in Sec. 2 of PD No. 1612 (Anti-Fencing Law) 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 manner deal in any article, item, object or anything of value which he knows or should be known to him, or to have been derived from the proceeds of the crime of robbery or theft. (Dizon-Pamintuan vs. People, GR 111426, 11 July 94).
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.
THE PURPOSE OF ENACTING PD 1612
The Anti-Fencing Law was made to curtail and put an end to the rampant robbery of government and private properties. With the existence of “ready buyers”, the “business” of robbing and stealing have become profitable. Hence, a law was enacted to also punish those who buy stolen properties. For if there are no buyers then the malefactors could not profit from their wrong doings.
WHAT IS THE ANTI-FENCING LAW AND HOW IT CAN BE COMMITTED
“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 should be known to him, to have been derived from the proceeds of the crime of robbery or theft. A “Fence” includes any person, firm, association corporation or partnership or other organization who/ which commits the act of fencing.
WHO ARE LIABLE FOR THE CRIME OF FENCING; AND ITS PENALTIES:
The person liable is the one buying, keeping, concealing and selling the stolen items. If the fence is a corporation, partnership, association or firm, the one liable is the president or the manager or the officer who knows or should have know the fact that the offense was committed.
The law provide for penalty range for persons convicted of the crime of fencing. Their penalty depends on the value of the goods or items stolen or bought:
- The penalty of prision mayor, if the value of the property involved is more than 12,000 pesos but not exceeding 22,000 pesos; if the value of such property exceeds the latter sum, the penalty provided in this paragraph shall be imposed in its maximum period, adding one year for each additional 10,000 pesos; but the total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be termed reclusion temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed.
- The penalty of prision correccional in its medium and maximum periods, if the value of the property robbed or stolen is more than 6,000 pesos but not exceeding 12, 000 pesos;
- The penalty of prision correccional in its minimum and medium periods, if the value of the property involved is more than 200 pesos but not exceeding 6,000 pesos;
- The penalty of arresto mayor in its medium period to prision correccional in its minimum period, if the value of the property involved is over 50 but not exceeding 200 pesos;
- The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding 50 pesos.
- The penalty of arresto mayor in its minimum period if such value does not exceed 5 pesos.
RULES REGARDING BUY AND SELL OF GOODS PARTICULARLY SECOND HAND GOODS
The law requires the establishment engaged in the buy and sell of goods to obtain a clearance or permit to sell “used second hand items”, to give effect to the purpose of the law in putting an end to buying and selling stolen items. Failure of which makes the owner or manager liable as a fence.
The Implementing Rules provides for the guidelines of issuance of clearances or permits to sell used or secondhand items. It provided for the definition of the following terms:
- “Used secondhand article” shall refer to any goods, article, items, object or anything of value obtained from an unlicensed dealer or supplier, regardless of whether the same has actually or in fact been used.
- “Unlicensed dealer/supplier” shall refer to any persons, partnership, firm, corporation, association or any other entity or establishment not licensed by the government to engage in the business of dealing in or of supplying the articles defined in the preceding paragraph;
- “Store”, “establishment” or “entity” shall be construed to include any individual dealing in the buying and selling used secondhand articles, as defined in paragraph hereof;
- “Buy and Sell” refer to the transaction whereby one purchases used secondhand articles for the purpose of resale to third persons;
- “Station Commander” shall refer to the Station Commander of the Integrated National Police within the territorial limits of the town or city district where the store, establishment or entity dealing in the buying and selling of used secondhand articles is located.
