Specialized Crime Investigation 2 With Simulation on Interrogation and Interview

ANTI-FENCING LAW OF 1979 (PRESIDENTIAL DECREE NO. 1612)

Learning Objectives
At the end of this topic, you will be able to:
➢ Define fencing;
➢ Explain the purpose of enacting the P.D. 1612;
➢ Explain the essential elements of fencing;
➢ Identify who is liable for the crime of fencing;
➢ Explain the procedure in investigation for the case of fencing;
➢ Describe the evidence to file a case of fencing

DEFINITION OF TERMS:

1. USED SECONDHAND ARTICLE – 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 – 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.

3. STORE/ESTABLISHMENT/ENTITY – any individual dealing in the buying and

selling used secondhand articles, as defined in paragraph hereof.

4. BUY AND SELL – the transaction whereby one purchases used secondhand articles for the
purpose of resale to third persons.

5. STATION COMMANDER – the Station Commander of the Integrated National Police

within the territorial limits of the town or city or district where the store, establishment or
entity dealing in the buying and selling of used secondhand articles is located.

WHAT IS FENCING?
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, Sec 2[a])

PURPOSE OF ENACTING P.D 1612

- 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.
- To punish those who buy stolen properties and to impose heavy penalties on persons
profiting from robbery and theft. For if there are no buyers then the malefactors could not
profit from their wrong doings.

Prepared by: Mark Angelo C. Burcena & John Alvarie Pagay

 Specialized Crime Investigation 2 With Simulation on Interrogation and Interview

WHO IS CONSIDERED A FENCE?

A Fence is an individual who knowingly buys stolen property for later resale, sometimes in a
legitimate market. Thus, acts as middleman between thieves and the eventual buyers of stolen goods
who may not be aware that the goods are stolen. (Wikipedia)

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 OF FENCING
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. (Estrella v. People,
G.R. No. 212942, June 17, 2020, Per Inting, J.)

WHAT IS THE PRESUMPTION UNDER THE LAW?

Mere possession of any good, article, object or anything of value which has been the subject of
robbery or thievery, shall be prima facie evidence of fencing. (Dunlao Sr v. CA, et al, GRN 111343,
Aug 22, 1996)

PERSONS LIABLE FOR THE CRIME OF FENCING; AND ITS CORRESPONDING

PENALTIES?
Person liable
✓ one buying, keeping, concealing and selling the stolen items.
Liability of Officials of Juridical Persons – 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 known the
fact that the offense was committed.

PENALTY VALUE OF THE PROPERTY

a) Prision Mayor property is Php 12,001 – Php 20,000; if
exceeds – maximum period, adding one year
for each additional Php 10,000; not exceed 20
years, reclusion temporal

b) Prision Correccional Medium and Maximum property is Php 6,000 – Php 12,000

c) Prision Correccional Minimum property is Php 201 – Php 6,000

d) Arresto Mayor Medium to Prision Correccional property is Php 51 – Php 200

Minimum
e) Arresto mayor Medium Php 6 – Php 50
f) Arresto mayor Minimum does not exceed Php 5

Prepared by: Mark Angelo C. Burcena & John Alvarie Pagay

 Specialized Crime Investigation 2 With Simulation on Interrogation and Interview

RULES IN SELLING 2 nd HAND ARTICLES

1. Obtain license from the city or municipal government
2. Keep an inventory of goods and articles bought and sold.
3. Duty of station manager to ensure proper inventory.
4. Duty to require owner to show proof of acquisition
5. To prevent harassment, require proof of ownership from the seller or affidavit of
ownership duly notarized.

RULES REGARDING BUY AND SELL OF GOODS PARTICULARLY SECONDHAND

GOODS
- The establishment engaged in the buy and sell of goods is required to obtain a clearance or
permit to sell “used hand items”
- Failure of which makes the owner or manager liable as fence.

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.

PROCEDURE FOR PROCUREMENT OF CLEARANCE 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.

Prepared by: Mark Angelo C. Burcena & John Alvarie Pagay

 Specialized Crime Investigation 2 With Simulation on Interrogation and Interview

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, n o f ee shall b e
charged.

Prepared by: Mark Angelo C. Burcena & John Alvarie Pagay

 Specialized Crime Investigation 2 With Simulation on Interrogation and Interview

INVESTIGATION PROCEDURES
Commencement of Investigation
The investigation process shall commence upon the presentation of arrested person and witness/es by
the police officer before the prosecutor. The concerned police officer shall also submit the following
documents:
a. Affidavit of Arrest;
b. Statement(s) of the complaint(s);
c. Affidavit(s) of the witness(es) if any; and
d. Other supporting evidence gathered by law enforcement authorities in the course of their
investigation of the criminal incident involving the arrested person.

DOCUMENTS TO BE SUBMITTED
The investigator shall ensure that, as afar as practicable, the following documents shall be presented
during the investigation:
1. List/Inventory of the articles and items subject of the offense; and
2. Statement of their respective value
Waiver of Rights
The investigation shall proceed unless the arrested person opts for a preliminary investigation by
executing the required waiver of rights under Article 125 of the RPC.

Monitoring of Cases by the Investigators

An investigator’s job does not end upon the filing of the case with the Prosecutor’s Office. The
investigator on case shall continuously monitor the case up to its final resolution.

EVIDENCE NEEDED TO FILE A CASE OF FENCING

Evidence Collection:
1. Testimonial Evidence – Affidavit of complainants and witnesses
2. Documentary Evidence – Any documents showing the ownership of stolen items and appraise
value or amount of stolen items police records and other related documents.
3. Object Evidence – Stolen items, or proceeds of the stolen items
4. Other relevant evidence

REFERENCES
Directorate for Investigation and Detective Management PNP. (2011). Criminal Investigation Manual
Revised 2011. Pnp.gov.ph. Retrieved September 9, 2024, from
htttps://didm.pnp.gov.ph/images/DIDM%20 Manuals/Criminal%20Ivestigation%20Manual/
Ph, L. R. (2024). Anti-Fencing Law of 1979, PD 1612: Explainer - Legal Resource PH. Legal
Resource PH. https://legalresource.ph/anti-fencing-law-of-1979-pd-1612-explainer/
PNP (2023). Philippine National Police Operational Procedures p.39. Pnp.gov.ph Retrieved
September 23, 2024, from
https://akg.pnp.gov.ph/wpcontents/uploads/2023/01/pnppopmanual20101.pdf#:~text=This%20
docume nt%20is%20the%20revised%20edition%20of%20PNP%20Operational
The Lawphil Project.(n.d). ANTI-FENCING LAW OF 1979 (PD. 1612). Retrieved September 6, 2024,
from https://lawphil.net/judjuris/juri2013/apr2013/gr_190475_2013.html

Prepared by: Mark Angelo C. Burcena & John Alvarie Pagay