Legal basis and prior laws affected
- The decree orders implementation “by virtue of the powers vested in me by the Constitution and pursuant to Proclamations No. 1081 (September 21, 1972), No. 1104 (January 17, 1973), and General Order No. 1 (September 22, 1972).”
- Section 10 expressly repeals or modifies Articles 309 and 310 of Act No. 3815, otherwise known as the Revised Penal Code, as amended.
- Section 10 also repeals or modifies pertinent provisions of the Revised Administrative Code, as amended, and all laws, decrees, orders, instructions, rules and regulations that are inconsistent with Presidential Decree No. 533.
- The repeal operates to the extent of inconsistency, through the directive to “repealed or modified accordingly” in Section 10.
Key definitions and covered livestock
- Section 2 defines “Large cattle” to include cow, carabao, horse, mule, ass, or other domesticated member of the bovine family.
- Section 2 defines “Owner/raiser” to include the herdsman, caretaker, employee, or tenant of any firm or entity engaged in raising large cattle, and other persons in lawful possession of such large cattle.
- Section 2 defines “Cattle rustling” as the taking away by any means, method or scheme, without the consent of the owner/raiser, of any large cattle listed.
- Section 2 provides that cattle rustling includes taking large cattle whether or not for profit or gain, whether or not committed with or without violence against or intimidation of any person or force upon things.
- Section 2 further includes killing of large cattle or taking its meat or hide without the consent of the owner/raiser within the definition of cattle rustling.
Owner/raiser registration duty
- Section 3 requires the owner/raiser to register large cattle before the animals attain the age of six months.
- The registration is required with the office of the city, municipal treasurer where the large cattle are raised.
- Section 3 allows the city/municipality concerned to impose and collect the fees authorized by existing laws for registration and issuance of a certificate of ownership.
Public officers’ duty on registration procedures
- Section 4 requires all public officials and employees concerned with registration of large cattle to observe strict adherence with Chapter 22, Sections 611 to 534 of the Revised Administrative Code.
- Section 4 subjects this adherence to the condition except insofar as those provisions may be inconsistent with Presidential Decree No. 533.
Permit rules for buying/selling large cattle
- Section 5 prohibits any person, partnership, association, corporation, or entity from engaging in the business of buy and sell of large cattle without first securing required permits.
- Section 5 requires the permit to be secured from the Provincial Commander of the province where the business will be conducted.
- Section 5 requires the same permit to be secured from the city/municipal treasurer of the place of residence of the buyer-seller entity.
- Section 5 provides that the permit is valid only in such province.
Clearance rules for shipment and transport
- Section 6 provides that any person, partnership, association, corporation, or entity desiring to ship or transport large cattle, its hides, or meat from one province to another must secure a permit.
- Section 6 requires the permit from the Provincial Commander of the province where the large cattle is registered.
- Section 6 requires that before issuance of the permit, the Provincial Commander must require submission of:
- the certificate of ownership prescribed in Section 3;
- a certification from the Provincial Veterinarian that the large cattle, hides, or meat are free from any disease; and
- such other documents or records as may be necessary.
- Section 6 allows shipment of large cattle, hides, or meat from one city/municipality to another within the same province upon securing a permit from the city/municipal treasurer of the place of origin.
Evidence and presumption against unregistered cattle
- Section 7 requires every person having possession, control, or custody of large cattle to exhibit the documents prescribed under the preceding sections upon demand by competent authorities.
- Section 7 provides that failure to exhibit the required documents is prima facie evidence that the large cattle in the person’s possession, control, or custody are the fruits of the crime of cattle rustling.
Penal provisions and enhanced consequences
- Section 8 provides that conviction for cattle rustling punishes the offender irrespective of the value of the large cattle involved.
- Section 8 sets penalty levels based on the manner of commission:
- without violence against or intimidation of persons or force upon things: prision mayor in its maximum period to reclusion temporal in its medium period;
- with violence against or intimidation of persons or force upon things: reclusion temporal in its maximum period to reclusion perpetua; and
- if a person is seriously injured or killed as a result of or on the occasion of cattle rustling: reclusion perpetua to death.
- Section 8 adds political and employment disabilities when the offender is a government official or employee: disqualification from voting or being voted upon in any election/referendum and from holding any public office or employment, in addition to the penalty imposed.
- Section 8 mandates immigration consequences when the offender is an alien: deportation immediately upon completion of the service of sentence without further proceedings.
Implementing rules, repeals, and effectivity
- Section 9 directs the Chief of Constabulary to promulgate rules and regulations for the effective implementation of Presidential Decree No. 533.
- Section 10 repeals or modifies inconsistent provisions of:
- Articles 309 and 310 of Act No. 3815 (Revised Penal Code) as amended;
- pertinent provisions of the Revised Administrative Code as amended; and
- all laws, decrees, orders, instructions, rules and regulations inconsistent with the decree.
- Section 11 provides that Presidential Decree No. 533 takes effect upon approval.