March 2, 1979
PRESIDENTIAL DECREE NO. 1612
ANTI-FENCING LAW OF 1979
WHEREAS, reports from law enforcement agencies reveal that there is rampant
robbery and thievery of government and private properties;
WHEREAS, such robbery and thievery have become profitable on the part of the
lawless elements because of the existence of ready buyers, commonly known as fence,
of stolen properties;
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WHEREAS, under existing law, a fence can be prosecuted only as an accessory
after the fact and punished lightly; c da
WHEREAS, it is imperative to impose heavy penalties on persons who profit by
the effects of the crimes of robbery and theft.
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers vested in me by the Constitution, do hereby order and decree as
part of the law of the land, the following:
SECTION 1. Title. — This decree shall be known as the Anti-Fencing Law.
SECTION 2. Definition of Terms . — The following terms shall mean as follows:
a. "Fencing" 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.
b. "Fence" includes any person, firm, association, corporation or partnership
or other organization who/which commits the act of fencing.
SECTION 3. Penalties. — Any person guilty of fencing shall be punished as
hereunder indicated:
a) The penalty of prision mayor , if the value of the property involved is more
than 12,000 pesos but not exceeding 22,000 pesos; if the value of
such property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding one year
for each additional 10,000 pesos; but the total penalty which may be
imposed shall not exceed twenty years. In such cases, the penalty
shall be termed reclusion temporal and the accessory penalty
pertaining thereto provided in the Revised Penal Code shall also be
imposed. cd i
b) The penalty of prision correccional in its medium and maximum periods, if
the value of the property robbed or stolen is more than 6,000 pesos
the value of the property robbed or stolen is more than 6,000 pesos
but not exceeding 12,000 pesos.
c) The penalty of prision correccional in its minimum and medium periods, if
the value of the property involved is more than 200 pesos but not
exceeding 6,000 pesos.
d) The penalty of arresto mayor in its medium period to prision correccional
in its minimum period, if the value of the property involved is over 50
pesos but not exceeding 200 pesos. ac d
e) The penalty of arresto mayor in its medium period, if such value is over
five (5) pesos but not exceeding 50 pesos.
f) The penalty of arresto mayor in its minimum period, if such value does not
exceed 5 pesos.
SECTION 4. Liability of Officials of Juridical Persons . — If the fence is a
partnership, firm, corporation or association, the president or the manager or any officer
thereof who knows or should have known the commission of the offense shall be liable.
SECTION 5. Presumption of Fencing . — Mere possession of any good, article,
item, object, or anything of value which has been the subject of robbery or thievery shall
be prima facie evidence of fencing.
SECTION 6. Clearance/Permit to Sell/Used Second Hand Articles . — For
purposes of this Act, all stores, establishments or entities dealing in the buy and sell of
any good, article, item, object or 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 Integrated National
Police in the town or city where such store, establishment or entity is located. The Chief
of Constabulary/Director General, Integrated National Police shall promulgate such rules
and regulations to carry out the provisions of this section. Any person who fails to
secure the clearance or permit required by this section or who violates any of the
provisions of the rules and regulations promulgated thereunder shall upon conviction be
punished as a fence. cd
SECTION 7. Repealing Clause . — All laws or parts thereof, which are
inconsistent with the provisions of this Decree are hereby repealed or modified
accordingly.
SECTION 8. Effectivity . — This Decree shall take effect upon approval.
DONE in the City of Manila, this 2nd day of March, in the year of Our Lord,
Nineteen Hundred and Seventy-Nine.
Published in the Official Gazette, Vol. 75 No. 15 Page 3273 on April 9, 1979.
Published in the Official Gazette, Vol. 76 No. 19 Page 3006 on May 12, 1980.
