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    Anti-Fencing Law

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    raymund lumantao
    Special Penal Laws define and punish acts not covered by the Revised Penal Code. These laws are known as mala prohibita, where the act is prohibited by law. Notable Special Penal Laws include the Anti-Fencing Law and laws related to violence, safe spaces, and child abuse. The Anti-Fencing Law prohibits buying or selling goods known to be stolen. For an offense, one must have known or ought to have known the goods were stolen. While many minor offenses are covered by Katarungang Pambarangay, Special Penal Laws may impose penalties exceeding its authority.

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    Anti-Fencing Law

    Uploaded by

    raymund lumantao
    27 views1 page
    Special Penal Laws define and punish acts not covered by the Revised Penal Code. These laws are known as mala prohibita, where the act is prohibited by law. Notable Special Penal Laws include the Anti-Fencing Law and laws related to violence, safe spaces, and child abuse. The Anti-Fencing Law prohibits buying or selling goods known to be stolen. For an offense, one must have known or ought to have known the goods were stolen. While many minor offenses are covered by Katarungang Pambarangay, Special Penal Laws may impose penalties exceeding its authority.

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    Anti-fencing Law

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    Special Penal Laws define and punish acts not covered by the Revised Penal Code. These laws are known as mala prohibita, where the act is prohibited by law. Notable Special Penal Laws include the Anti-Fencing Law and laws related to violence, safe spaces, and child abuse. The Anti-Fencing Law prohibits buying or selling goods known to be stolen. For an offense, one must have known or ought to have known the goods were stolen. While many minor offenses are covered by Katarungang Pambarangay, Special Penal Laws may impose penalties exceeding its authority.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    27 views1 page

    Anti-Fencing Law

    Uploaded by

    raymund lumantao
    Special Penal Laws define and punish acts not covered by the Revised Penal Code. These laws are known as mala prohibita, where the act is prohibited by law. Notable Special Penal Laws include the Anti-Fencing Law and laws related to violence, safe spaces, and child abuse. The Anti-Fencing Law prohibits buying or selling goods known to be stolen. For an offense, one must have known or ought to have known the goods were stolen. While many minor offenses are covered by Katarungang Pambarangay, Special Penal Laws may impose penalties exceeding its authority.

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    Special Penal Laws

    Special Penal Laws are laws that punishes acts not defined and penalized by the Revised
    Penal Code.
    Under a special penal law, crimes are regarded as mala prohibita or the act is merely prohibited
    by law. It means that the commission of an act or omission is already punishable under the
    Special Penal Law. In addition, there are certain crimes defined under the Special Penal Laws
    that is covered under the Katarungang Pambarangay. Notable of these laws are the Batas
    Pambansa Blg. 22 and the PD 1612 or commonly known as the Fencing law.
    Anti-Fencing Law
    Fencing-refers to the crime of buying or transacting with stolen goods knowing or should have
    known that they are proceeds of a crime.
    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.” (P.D.
    1612, Section 2[a])
    Fence – includes “any person, firm, association corporation or partnership or other organization
    who/which commits the act of fencing.” (P.D. 1612, Section 2[b])
    Elements:
    1) A crime of robbery or theft has been committed;
    2) The accused, who is not a principal or accomplice in the commission of the crime of robbery
    or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and
    sells, or in any manner deals in any article, item, object or anything of value, which has been
    derived from the proceeds of the said crime;
    3) The accused knows or should have known that the said article, item , object or anything of
    value has been derived from the proceeds of the crime of robbery or theft; and
    4) There is on the part of the accused intent to gain for himself or for another.
    Jurisprudence: (Estrella v. People, G.R. No. 212942, June 17, 2020, Per Inting, J.)
    The law requires that the offender has knowledge or ought to have known that the things being
    transacted were proceeds of the crime of robbery or theft. For clarity, the bare minimum
    requirement is that the offender ought to have known – and thus actual knowledge is not
    necessary.
    Other laws in Special Penal Laws which are common crimes such as VAWC, Safe Space Acts
    and Child abuse have a penalty which is beyond the coverage of Katarungan Pambarangay.
    As a rule in Katarungang Pambarangay, when the law imposes a penalty that is not part of the
    exceptions, the crime is under the Katarungang Pambarangay Proceedings.

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