WHEREAS,
reports from law enforcement agencies reveal that there is rampant
robbery and thievery of government and private properties;chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
WHEREAS, under existing law, a fence can be prosecuted only as an
accessory after the fact and punished lightly; chanroblesvirtualawlibrary
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:cralaw:red
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:cralaw:red
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 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.
b. "Fence" includes any person, firm, association
corporation or partnership or other organization who/which commits the
act of fencing.
Section 3. Penalties. — Any person guilty of fencing
shall be punished as hereunder indicated:cralaw:red
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. chanroblesvirtualawlibrary
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.
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.
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