Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1612)
The title of Presidential Decree No. 1612 is the Anti-Fencing Law.
Fencing is defined as the act of any person who, with intent to gain, buys, receives, possesses, keeps, acquires, conceals, sells or disposes of, or deals in any article or thing of value which he knows or should know has been derived from the proceeds of robbery or theft.
A "fence" includes any person, firm, association, corporation, partnership or other organization that commits the act of fencing.
The penalty is reclusion temporal for a maximum period adding one year for each additional 10,000 pesos over 22,000, but not exceeding 20 years, plus applicable accessory penalties under the Revised Penal Code.
The penalty is prision correctional in its medium and maximum periods.
Mere possession of any goods or articles which have been the subject of robbery or thievery is prima facie evidence of fencing.
They must secure a clearance or permit from the station commander of the Integrated National Police before offering such goods for sale to the public.
The application must be supported by a receipt or other equivalent document showing proof of legitimate acquisition of the article.
The president, manager, or any officer who knows or should have known of the commission of the offense can be held liable.
The goods shall be held in restraint until proof of legitimate acquisition is established; if found stolen, they will be confiscated as evidence and may be forfeited to the government if unclaimed after prosecution.