G.R. No. 249196 - Lopez y Atanacio vs. People

Dante Lopez y Atanacio (petitioner) was charged under Information for violation of Presidential Decree No. 1612 (Anti-Fencing Law) for willfully, unlawfully, and knowingly possessing a blue mountain bike with frame name “ARAYA” valued at ₱100,000.00, alleged subject of robbery or thievery belonging to private complainant Rafael Mendoza y Dela Paz.
Upon arraignment, petitioner pleaded not guilty. After termination of pre-trial, trial on the merits ensued before RTC Branch 263, Marikina City (Criminal Case No. 14-15920-MK).

Rafael Mendoza testified he saw his stolen bicycle on 23 February 2014 at the corner of Katipunan and Ordoñez Streets, ridden by Magno Lopez, who claimed he had received it from petitioner. They proceeded to the barangay where initial turnover to Mendoza was arranged but rescinded by barangay captain the next day.
Mendoza alleged the bicycle was stolen on 15 January 2011 (police blotter recorded). He insisted on ownership, having bought the unit abroad.
Witness Jose Manalo Martinez corroborated that he and Mendoza frequently biked together.

Magno Lopez (petitioner’s brother) testified he acquired the bicycle from petitioner in 2002, described its components (blue frame, Girvin handlebar, Shimano Deore XT group set) and pointed out differences from Mendoza’s claimed bike.
Petitioner produced SEC Registration, Articles of Incorporation, By-Laws of Bicycle Works (Katipunan, QC), and two notarized affidavits—from its President and Chief Mechanic—averring that petitioner purchased the subject bicycle from their store about twenty years prior, though no sales receipt was available.

Found petitioner guilty beyond reasonable doubt of fencing (PD 1612), sentencing him to 7–12 years imprisonment; no civil liability due to return of bicycle.
Held Mendoza’s ownership proven by police blotter and shifted burden to petitioner, who failed to overcome presumption of fencing; discounted affidavits for lack of specificity linking the subject bicycle to petitioner’s purchase.

CA Decision (30 April 2019; Motion for Reconsideration denied 3 September 2019)

Affirmed RTC conviction but modified penalty to straight two (2) months of arresto mayor, finding no proof of the bicycle’s ₱100,000.00 value.
Maintained that petitioner failed to rebut the presumption under Section 5, PD 1612.

Whether the Court of Appeals erred in affirming petitioner’s conviction based solely on the presumption of fencing under Section 5 of PD 1612 without proof of all elements beyond reasonable doubt.
Whether the CA undervalued petitioner’s evidence—specifically, the notarized affidavits of ownership—in light of the rule in Mariano Lim v. People.