ANTI FENCING LAW (PD 1612) Fence includes any person, firm, association,
1979 corporation, or partnership, or other organization
Purpose who/which commits the acts of fencing Reports from law enforcement agencies reveal that o For juridical persons the president or the there is rampant robbery and thievery of manager or any officer who knows or should government and private properties have known the commission of the offense Such robbery and thievery have become profitable on the part of lawless elements because of the Elements of Fencing existence of ready buyers FENCE 1. A crime of robbery or theft has been committed Under existing law, a fence can be prosecuted only 2. The accused is not a principal or accomplice in the as an accessory after the fact and punished lightly commission of the crime of robbery or theft This law imposes heavy penalties on persons who 3. The accused buys, receives, possesses, keeps, profit by the effects of the crimes of robbery and acquires, conceals, sells or disposes, or buys and theft sells, or in any manner deals in any article, item, This law also requires stores, establishments or object or anything of value, which has been derived entities to acquire clearance/permit to sell/used from the proceeds of the said crime second hand articles (Section 6) 4. The accused knows or should have known that the Enactment facilitates prosecution of the crime said article, item, object or anything of value has been derived from the proceeds of the crime of Fencing, defined (Section 2) robbery or theft Fencing is the act of any person who, with intent to 5. There is intent to gain for himself or for another gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or Theft Robbery shall buy and sell, or in any manner deal in any Taking of personal Taking of personal article, item, object or anything of value which he property belonging to property belonging to knows, or should be known to him, to have been another another derived from the proceeds of the crime of robbery or Intent to gain Intent to gain theft Without violence against Violence against or or intimidation of intimidation of any Dunlao v. CA persons nor force upon person, or using force The law does not require proof of purchase of the stolen things upon things articles since mere possession is enough to give rise to the presumption of fencing and it is incumbent upon the accused to overthrow this presumption by sufficient and convincing evidence. Malum Prohibitum - based on jurisprudence Intent to gain need not be proved in crimes punishable by a Presumption of Fencing (Section 5) special law such as PD 1612 since they are considered mala Mere possession of any of the following, which has prohibita. been the subject of robbery or thievery: o Good o Article Class notes o Item o Object 1st element best evidence is obviously a final o Or anything of value conviction of robbery or theft o If not yet final or executory not sufficient Cases for purposes of establishing the 1st element Tan v. People o NEED NOT BE technical robbery or theft As the complainant had reported no loss, the court cannot see Dimat (carnapping) hold for certain that there was committed a crime of theft. o Does not mean that conviction is necessary for conviction under this law BUT it must be Dimat v. People proven PD 1612 is a malum prohibitum, and lack of criminal intent o Present the victim as well as alleged is not a defense. thief/robber in court o Aside form confession, and circumstantial A buyer who is aware that a car was not properly evidence need to present proof of corpus documented, and has in fact, not received any documents delicti pertaining to the object, is prejudiced by such non-delivery. 2 element nd 3rd element 4th element Court said need not be proven o Nevertheless, the Court in various decisions still looked into considerations to help them deduce the existence of such intent (i.e. Dimat) o As of now, case law categorically provides that fencing is mala prohibita despite the presence of this element