Today is Saturday, March 02, 2019
MALACAÑANG
Manila
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;
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WHEREAS, under existing law, a fence can be prosecuted only as an acce
accessory
ssory
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 powerss 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
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 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 o off value which he knows, or should be known to him,
to have been derived from the proceeds of the crime of robbery or theft.
(b) "Fence" includes any person, firm, association corporation or partnership
or other organization who/which commits the act of fen
fencing.
Section 3. Penalties. Any person guilty of fencing shall be punished as hereunder
indicated:
(a) 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.
(b) 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.
(c) 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.
(d) 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 pesos
but not exceeding 200 pesos.
(e) The penalty of arresto mayor in its medium period if such value is over
five (5) pesos but not exceeding 50 pesos.
(f) The penalty of arresto mayor in its minimum period if such value does not
exceed 5 pesos.
Section 4. Liability of Officials of Juridical Persons. If the fence is a partnership, firm,
corporation or association, the president or the manager or any officer thereof who
knows or should have known the commission of the offense shall be liable.
Section 5. Presumption of Fencing. Mere possession of any good, article, item,
object, or anything of value which has been the subject of robbery or thievery shall
be prima facie evidence of fencing.
Section 6. Clearance/Permit to Sell/Used Second Hand Articles. For purposes of this
Act, all stores, establishments or entities dealing in the buy and sell of any good,
article item, object of anything of value obtained from an unlicensed dealer or
supplier thereof, shall before offering the same for sale to the public, secure the
necessary clearance or permit from the station commander of the Integrated National
Police in the town or city where such store, establishment or entity is located. The
Chief of Constabulary/Director General, Integrated National Police shall promulgate
such rules and regulations to carry out the provisions of this section. Any person who
fails to secure the clearance or permit required by this section or who violates any of
the provisions of the rules and regulations promulgated thereunder shall upon
conviction be punished as a fence. lawphi1.net
Section 7. Repealing Clause. All laws or parts thereof, which are inconsistent with
the provisions of this Decree are hereby repealed or modified accordingly.
Section 8. Effectivity. This Decree shall take effect upon approval.
Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen
hundred and seventy-nine.
RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6
OF PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW.
Pursuant to Section 6 of Presidential Decree No. 1612, known as the Anti-Fencing
Law, the following rules and regulations are hereby promulgated to govern the
issuance of clearances/permits to sell used secondhand articles obtained from an
unlicensed dealer or supplier thereof:
I. Definition of Terms
1. "Used secondhand article" shall refer to any goods, article, item, object or
anything of value obtained from an unlicensed dealer or supplier, regardless
of whether the same has actually or in fact been used.
2. "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.
3. "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.
4. "Buy and Sell" refer to the transaction whereby one purchases used
secondhand articles for the purpose of resale to third persons.
5. "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.
II. Duty to Procure Clearance or Permit
1. No person shall sell or offer to sell to the public any used secondhand
article as defined herein without first securing a clearance or permit for the
purpose from the proper Station Commander of the Integrated National
Police.
2. If the person seeking the clearance or permit is a partnership, firm,
corporation, or association or group of individuals, the clearance or permit
shall be obtained by or in the name of the president, manager or other
responsible officer-in-charge thereof.
3. If a store, firm, corporation, partnership, association or other establishment
or entity has a branch or subsidiary and the used secondhand article is
acquired by such branch or subsidiary for sale to the public, the said branch
or subsidiary shall secure the required clearance or permit.
4. Any goods, article, item, or object or anything of value acquired from any
source for which no receipt or equivalent document evidencing the legality of
its acquisition could be presented by the present possessor or holder thereof,
or the covering receipt, or equivalent document, of which is fake, falsified or
irregularly obtained, shall be presumed as having been acquired from an
unlicensed dealer or supplier and the possessor or holder thereof must
secure the required clearance or permit before the same can be sold or
offered for sale to the public.
III. Procedure for Procurement of Clearances or Permits
1. The Station Commanders concerned shall require the owner of a store or
the president, manager or responsible officer-in-charge of a firm,
establishment or other entity located within their respective jurisdictions and
in possession of or having in stock used secondhand articles as defined
herein, to submit an initial affidavit within thirty (30) days from receipt of
notice for the purpose thereof and subsequent affidavits once every fifteen
(15) days within five (5) days after the period covered, which shall contain:
(a) A complete inventory of such articles acquired daily from whatever
source and the names and addresses of the persons from whom
such articles were acquired.
(b) A full list of articles to be sold or offered for sale as well as the
place where the date when the sale or offer for sale shall commence.
(c) The place where the articles are presently deposited or kept in
stock.
The Station Commander may, at his discretion when the circumstances of
each case warrant, require that the affidavit submitted be accompanied by
other documents showing proof of legitimacy of the acquisition of the articles.
2. A party required to secure a clearance or permit under these rules and
regulations shall file an application therefor with the Station Commander
concerned. The application shall state:
(a) The name, address and other pertinent circumstances of the
persons, in case of an individual or, in the case of a firm, corporation,
association, partnership or other entity, the name, address and other
pertinent circumstances of the president, manager or officer-in-
charge.
(b) The article to be sold or offered for sale to the public and the
name and address of the unlicensed dealer or supplier from whom
such article was acquired.
In support of the application, there shall be attached to it the corresponding
receipt or other equivalent document to show proof of the legitimacy of
acquisition of the article.
3. The Station Commander shall examine the documents attached to the
application and may require the presentation of other additional documents, if
necessary, to show satisfactory proof of the legitimacy of acquisition of the
article, subject to the following conditions:
(a) If the legitimacy of acquisition of any article from an unlicensed
source cannot be satisfactorily established by the documents
presented, the Station Commander shall, upon approval of the INP
Superintendent in the district and at the expense of the party seeking
the clearance/permit, cause the publication of a notice in a
newspaper of general circulation for two (2) successive days
enumerating therein the articles acquired from an unlicensed dealer
or supplier, the names and addresses of the persons from whom they
were acquired and shall state that such articles are to be sold or
offered for sale to the public at the address of the store,
establishment or other entity seeking the clearance/permit. In places
where no newspapers are in general circulation, the party seeking the
clearance or permit shall, instead, post a notice daily for one week on
the bulletin board of the municipal building of the town where the
store, firm, establishment or entity concerned is located or, in the
case of an individual, where the articles in his possession are to be
sold or offered for sale.
(b) If after 15 days, upon expiration of the period of publication or of
the notice referred to in the preceding paragraph, no claim is made
with respect to any of the articles enumerated in the notice, the
Station Commander shall issue the clearance or permit sought.
(c) If, before expiration of the same period for publication of the notice
or its posting, it shall appear that any of the articles in question is
stolen property, the Station Commander shall hold the article in
restraint as evidence in any appropriate case to be filed. Articles held
in restraint shall be kept and disposed of as the circumstances of
each case permit, taking into account all considerations of right and
justice in the case. In any case where any article is held in restraint, it
shall be the duty of the Station Commander concerned to
advise/notify the Commission on Audit of the case and comply with
such procedure as may be proper under applicable existing laws,
rules and regulations.
4. The Station Commander concerned shall, within seventy-two (72) hours
from receipt of the application, act thereon by either issuing the
clearance/permit requested or denying the same. Denial of an application
shall be in writing and shall state in brief the reason/s therefor.
5. The application, clearance/permit or the denial thereof, including such
other documents as may be pertinent in the implementation of Section 6 of
P.D. No. 1612 shall be in the forms prescribed in Annexes "A", "B", "C", "D",
and "E" hereof, which are made integral parts of these rules and regulations.
6. For the issuance of clearances/permit required under Section 6 of P.D. No.
1612, no fee shall be charged.
IV. Appeals
Any party aggrieved by the action taken by the Station Commander may elevate the
decision taken in the case to the proper INP District Superintendent and, if he is still
dissatisfied therewith may take the same on appeal to the INP Director. The decision
of the INP Director may also be appealed to the INP Director-General whose
decision may likewise be appealed to the Minister of National Defense. The decision
of the Minister of National Defense on the case shall be final. The appeal against the
decision taken by a Commander lower than the INP Director-General should be filed
to the next higher Commander within ten (10) days from receipt of notice of the
decision. The decision of the INP Director-General should be appealed within fifteen
(15) days from receipt of notice of the decision.
V. Penalties
1. Any person who fails to secure the clearance or permit required by Section
6 of P.D. 1612 or who violates any of the provisions of these rules and
regulations shall upon conviction be punished as a fence.
2. The INP Director-General shall recommend to the proper authority the
cancellation of the business license of the erring individual, store,
establishment or the entity concerned.
3. Articles obtained from unlicensed sources for sale or offered for sale
without prior compliance with the provisions of Section 6 of P.D. No. 1612
and with these rules and regulations shall be held in restraint until
satisfactory evidence or legitimacy of acquisition has been established.
4. Articles for which no satisfactory evidence of legitimacy of acquisition is
established and which are found to be stolen property shall likewise be held
under restraint and shall, furthermore, be subject to confiscation as evidence
in the appropriate case to be filed. If, upon termination of the case, the same
is not claimed by their legitimate owners, the article/s shall be forfeited in
favor of the government and made subject to disposition as the
circumstances warrant in accordance with applicable existing laws, rules and
regulations. The Commission on Audit shall, in all cases, be notified.
5. Any personnel of the Integrated National Police found violating the
provisions of Section 6 of P.D. No. 1612 or any of its implementing rules and
regulations or who, in any manner whatsoever, connives with or through his
negligence or inaction makes possible the commission of such violations by
any party required to comply with the law and its implementing rules and
regulations, shall be prosecuted criminally without prejudice to the imposition
of administrative penalties.
VI. Visitorial Power
It shall be the duty of the owner of the store or of the president, manager or
responsible officer-in-charge of any firm, establishment or other entity or of an
individual having in his premises articles to be sold or offered for sale to the public to
allow the Station Commander or his authorized representative to exercise visitorial
powers. For this purpose, however, the power to conduct visitations shall be exercise
only during office or business hours and upon authority in writing from and by the INP
Superintendent in the district and for the sole purpose of determining whether articles
are kept in possession or stock contrary to the intents of Section 6 of P.D. No. 1612
and of these rules and regulations.
VII. Other Duties Imposed Upon Station Commanders and INP District
Superintendent and Directors Following Action on Applications for Clearances or
Permits
1. At the end of each month, it shall be the duty of the Station Commander
concerned to:
(a) Make and maintain a file in his office of all clearances/permit
issued by him.
(b) Submit a full report to the INP District Superintendent on the
number of applications for clearances or permits processed by his
office, indicating therein the number of clearances/permits issued and
the number of applications denied. The report shall state the reasons
for denial of an application and the corresponding follow-up actions
taken and shall be accompanied by an inventory of the articles to be
sold or offered for sale in his jurisdiction.
2. The INP District Superintendent shall, on the basis of the reports submitted
by the Station Commander, in turn submit quarterly reports to the appropriate
INP Director containing a consolidation of the information stated in the
reports of Station Commanders in his jurisdiction.
3. Reports from INP District Superintendent shall serve as basis for a
consolidated report to be submitted semi-annually by INP Directors to the
Director-General, Integrated National Police.
4. In all cases, reports emanating from the different levels of the Integrated
National Police shall be accompanied with full and accurate inventories of the
articles acquired from unlicensed dealers or suppliers and proposed to be
sold or offered for sale in the jurisdictions covered by the report.
These implementing rules and regulations, having been published in a newspaper of
national circulation, shall take effect on June 15, 1979.
FOR THE CHIEF OF CONSTABULARY DIRECTOR-GENERAL, INP:
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