Law Summary
Key Definitions
- "Fencing": The act of buying, receiving, possessing, selling, or dealing in stolen property, with intent to profit.
- "Fence": Any individual or entity that commits the act of fencing, including persons, corporations, firms, associations, or partnerships.
Penalties Based on Property Value
- For property value over ₱12,000 but not exceeding ₱22,000: prision mayor; if exceeding ₱22,000, an additional year added per ₱10,000 with max penalty of 20 years (reclusion temporal).
- ₱6,000 to ₱12,000: prision correctional (medium and maximum periods).
- ₱200 to ₱6,000: prision correctional (minimum and medium periods).
- ₱50 to ₱200: arresto mayor (medium) to prision correctional (minimum).
- ₱5 to ₱50: arresto mayor (medium).
- ₱5 or below: arresto mayor (minimum).
Liability of Officials of Juridical Persons
- The president, manager, or officer of any partnership, corporation, or association knowing or expected to know about fencing is liable.
Presumption of Fencing
- Mere possession of stolen or robbed goods is prima facie evidence of fencing.
Clearance and Permit for Selling Used Secondhand Articles
- Businesses selling used articles from unlicensed dealers must obtain clearance/permit from the local Integrated National Police (INP) station commander.
- The Chief of Constabulary shall issue rules for implementing this requirement.
- Failure to secure the permit results in conviction as a fence.
Rules and Regulations for Section 6 Implementation
- Definitions clarify "used secondhand articles," "unlicensed dealer," "store," and related terms.
- The owner or responsible officer must secure clearance before selling used secondhand items.
- Proper documentation and affidavit submission are required detailing sources and inventory of articles.
- Station commanders have discretion to require additional proof of legitimacy.
- Notice of items to be sold must be published or posted to allow for any claims by owners.
- If no claims arise within 15 days, clearance/permit is issued; otherwise, items may be held as evidence.
- The station commander must act on permit applications within 72 hours with written notice of approval or denial.
Appeals Process
- Decisions by the Station Commander can be appealed sequentially up to the Minister of National Defense.
- Specific periods for filing appeals are 10 days or 15 days depending on the reviewing authority.
Penalties and Enforcement
- Selling without the required clearance/permit constitutes fencing and is punishable accordingly.
- The INP Director-General may recommend business license cancellation for violations.
- Articles sold without proper clearance may be confiscated and forfeited to the government.
- INP personnel violating the law risk criminal and administrative penalties.
Visitorial Powers
- Station Commanders and authorized representatives may inspect premises during business hours with proper authorization to ensure compliance.
Reporting and Monitoring Duties
- Station Commanders must maintain files and submit monthly reports to district superintendents.
- District superintendents consolidate and report quarterly to INP Directors, who provide semi-annual consolidated reports to the INP Director-General.
- Reports include detailed inventories and follow-up on denied permits or violations.
Repealing Clause and Effectivity
- Prior inconsistent laws or provisions are repealed or modified accordingly.
- The law takes effect immediately upon approval.
This comprehensive legal framework strengthens the fight against fencing by establishing clear definitions, penalties, procedural requirements for clearance and permits, enforcement mechanisms, and supervisory reports to ensure compliance and protect the integrity of commerce involving secondhand goods.