PRESIDENTIAL DECREE No.

1612
Anti-Fencing Law

Fencing defined.

It is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess,
keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item,
object or anything of value which he knows, or should be known to him, to have been derived from the proceeds
of the crime of robbery or theft.

Presumption of Fencing

Mere possession of any goods, article, item, object, or anything of value which has been the subject of
robbery or thievery shall be prima facie evidence of fencing.

Elements of Fencing.

The essential elements of the crime of fencing are as follows: (1) a crime of robbery or theft has been
committed; (2) the accused, who is not a principal or accomplice in the commission of the crime of robbery or
theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner
deals in any article, item, object or anything of value, which has been derived from the proceeds of the crime
of robbery or theft; (3) the accused knew or should have shown that the said article, item, object or anything
of value has been derived from the proceeds of the crime of robbery or theft; and, (4) there is, on the part of
the accused, intent to gain for himself or for another.

Fencing is malum prohibitum, and P.D. No. 1612 creates a prima facie presumption of fencing from
evidence of possession by the accused of any good, article, item, object or anything of value which has been
the subject of robbery or theft, and prescribes a higher penalty based on the value of the property. The
stolen property subject of the charge is not indispensable to prove fencing. It is merely corroborative of the
testimonies and other evidence adduced by the prosecution to prove the crime of fencing.

Under what law should the accessory in theft or robbery be prosecuted?

The accessory in the crimes of robbery and theft could be prosecuted as such under the Revised Penal
Code or under P.D. No. 1612. However, in the latter case, the accused ceases to be a mere accessory but
becomes a principal in the crime of fencing. Otherwise stated, the crimes of robbery and theft, on the one hand,
and fencing, on the other, are separate and distinct offenses. The State may thus choose to prosecute him
either under the Revised Penal Code or P.D. No. 1612, although the preference for the latter would seem
inevitable considering that fencing is malum prohibitum, and P.D. No. 1612 creates a presumption of fencing
and prescribes a higher penalty based on the value of the property. (Tan vs. People, 313 SCRA 220 (1999)

Clearance/Permit to Sell/Used Second Hand Articles.

All stores, establishments or entities dealing in the buy and sell of any good, article item, object of
anything of value obtained from an unlicensed dealer or supplier thereof, shall before offering the same for sale
to the public, secure the necessary clearance or permit from the station commander of the Philippine National
Police in the town or city where such store, establishment or entity is located. Any person who fails to secure
the required clearance or permit or who violates any of the provisions of the rules and regulations promulgated
thereunder shall upon conviction be punished as a fence.

RULES AND REGULATIONS TO CARRY OUT

THE PROVISIONS OF SEC. 6 OF P.D. NO. 1612

Duty to Procure Clearance or Permit.

1. No person shall sell or offer to sell to the public any used secondhand article as defined herein
without first securing a clearance or permit for the purpose from the proper Station Commander
of the Integrated National Police.

2. If the person seeking the clearance or permit is a partnership, firm, corporation, or association
or group of individuals, the clearance or permit shall be obtained by or in the name of the
president, manager or other responsible officer-in-charge thereof.

3. If a store, firm, corporation, partnership, association or other establishment or entity has a

branch or subsidiary and the used secondhand article is acquired by such branch or subsidiary
for sale to the public, the said branch or subsidiary shall secure the required clearance or permit.

4. Any goods, article, item, or object or anything of value acquired from any source for which no
receipt or equivalent document evidencing the legality of its acquisition could be presented by the present
possessor or holder thereof, or the covering receipt, or equivalent document, of which is fake, falsified or
irregularly obtained, shall be presumed as having been acquired from an unlicensed dealer or supplier and the
possessor or holder thereof must secure the required clearance or permit before the same can be sold or offered
for sale to the public.

PRESIDENTIAL DECREE No. 1613

Anti-Arson Law
Arson.

It is the burning or setting fire to the property of another, OR one’s own property under
circumstances which expose to danger the life or property of another.

Destructive Arson:

If the property burned is any of the following:

1. Any ammunition factory and other establishment where explosives, inflammable or

combustible materials are stored.
 2. Any archive, museum, whether public or private, or any edifice devoted to culture, education
or social services.
3. Any church or place of worship or other building where people usually assemble.
4. Any train, airplane or any aircraft, vessel or watercraft, or conveyance for transportation of
persons or property
5. Any building where evidence is kept for use in any legislative, judicial, administrative or other
official proceedings.
6. Any hospital, hotel, dormitory, lodging house, housing tenement, shopping center, public or
private market, theater or movie house or any similar place or building.
7. Any building, whether used as a dwelling or not, situated in a populated or congested area.

Other Cases of Arson.

If the property burned is any of the following:

1. Any building used as offices of the government or any of its agencies;

2. Any inhabited house or dwelling;
3. Any industrial establishment, shipyard, oil well or mine shaft, platform or tunnel;
4. Any plantation, farm, pastureland, growing crop, grain field, orchard, bamboo grove or forest;
4. Any rice mill, sugar mill, cane mill or mill central; and
5. Any railway or bus station, airport, wharf or warehouse.

Special Aggravating Circumstances:

1. If committed with intent to gain;

2. If committed for the benefit of another;
3. If the offender is motivated by spite or hatred towards the owner or occupant of the property
burned;
4. If committed by a syndicate.

The offense is committed by a syndicate if its is planned or carried out by a group of three (3) or
more persons.

Note: Conspiracy to commit arson shall be punished by Prision Mayor in its minimum period.

Where Death Results from Arson.

If by reason of or on the occasion of the arson death results, the penalty of Reclusion Perpetua to
death shall be imposed.

Confiscation of Object of Arson.

The building which is the object of arson including the land on which it is situated shall be confiscated
and escheated to the State, unless the owner thereof can prove that he has no participation in nor knowledge
of such arson despite the exercise of due diligence on his part.

PRESIDENTIAL DECREE No. 532

Anti-Piracy and Anti-Highway Robbery Law

Definition of terms.

Piracy - any attack upon or seizure of any vessel, or the taking away of the whole or part thereof or its cargo,
equipment, or the personal belongings of its complement or passengers, irrespective of the
value thereof, by means of violence against or intimidation of persons or force upon things,
committed by any person, including a passenger or member of the complement of said vessel,
in Philippine waters, shall be considered as piracy. The offenders shall be considered as pirates
and punished as hereinafter provided.

Highway Robbery/Brigandage - the seizure of any person for ransom, extortion or other unlawful purposes,
or the taking away of the property of another by means of violence against or
 intimidation of person or force upon things of other unlawful means, committed
by any person on any Philippine Highway.

Punishable acts:

Piracy. Qualifying circumstances: if rape, murder, homicide, physical injuries or other

crimes is committed as a result or on the occasion of piracy, or when the offenders abandoned the
victims without means of saving themselves, or when the seizure is accomplished by firing upon
or boarding a vessel.

Highway Robbery/Brigandage. if kidnapping for ransom or extortion, murder,

homicide, rape, physical injuries or other crimes is committed as a result or on the occasion thereof.

Aiding pirates or highway robbers/brigands or abetting piracy or highway

robbery/brigandage: anyone who knowingly and in any manner aids or protects pirates or
highway robbers/brigands, such as giving them information about the movement of police or other
peace officers of the government, or acquires or receives property taken by such pirates or brigands
or in any manner derives any benefit therefrom; or who directly or indirectly abets the commission
of piracy or highway robbery or brigandage shall be considered as an accomplice of the principal
offenders and be punished in accordance with the Rules prescribed by the Revised Penal Code.