The Anti-Fencing Law

Sunday, May 20, 2012

in Criminal, Law

No, it's not fencing with swords!

The fencing in this law (PD 1612) refers to a crime that in many ways accompanies crimes against property. It
happens when a person buys, sells, accepts, keeps, conceals, acquires or in any manner disposes of
something that he knows or should know is stolen. It is accompanied by the intent to gain from the stolen object.
The "fence" is a person ororganization that performs any of the above-mentioned acts. So beware of random
people who suddenly walk up to you and hold out something for sale like a pair of shades, a watch or a piece of
jewelry. Chances are if you buy it you could be committing a crime.

Elements:

1.) Robbery or theft was committed

2.) The accused is neither an accomplice nor principal and buys, accepts, sells, etc. the stolen item
3.) The accused knows or should know that the object is stolen
4.) The accused was motivated to profit for himself or for another person

The third element is crucial. Moral turpitude must be proven. If this can't be proven, the prosecution has a
problem. There is a clue, however. Sec. 5 of the law states that mere possession of the stolen object
constitutes prima facie evidence that fencing took place.

Penalties:

1.) Prision mayor if the stolen object is valued between Php 12,000.00 to Php 22,000.00. If the value exceeds Php
22,000.00, the penalty is put at its maximum period with an additional year for every additional Php10,000.00 but
not to exceed 20 years
2.) If the value is greater than the limit in #1, reclusion temporal and its accessory penalties are imposed.
3.) Prision correccional medium and maximum if the value of the stolen object is higher than Php 6,000.00 but not
higher than Php 12,000.00
3.) Prision correccional minimum and medium if the stolen property is worth more than Php 200 but not higher
than Php 6,000.00
4.) Arresto mayor medium to prision correccional minimum if the value is more than Php 50 but not more than Php
200
5.) Arresto mayor medium if the value is more than Php 5 but not higher than Php 50 (ouch!)
6.) Arresto mayor minimum if the value is Php 5 or less (yeeeouch!)

In addition to jail time the stolen object is to be returned to its rightful owner, even if it's in the hands of a third
person unless it was acquired following requirements set by law and the law now bars recovery. Reparation for
damages is also required as well as indemnity for damages. Allowance for deterioration or diminution will also be
determined by the court.

The Indeterminate Sentence Law is also applicable to PD 1612. Furthermore, establishments or entities that sell
secondhand items are required to possess a police clearance to sell such items. Failure to produce such a license or
violations in the rules an regulations for the license will be considered a violation of PD 1612. This, however,
doesn't cover rummage and garage sales.