Anti-Fencing Law Primer

PD 1612, March 2, 1979

I. PURPOSE

To impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft.

II. DEFINITION OF TERMS (Sec. 2)

FENCING – 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

FENCE – includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing

III. ELEMENTS

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 said crime;
3. The accused knows or should have known 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 (presumed)

IV. PRESUMPTION OF FENCING (Sec. 5)

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.

NOTA BENE:

• Fencing may be shown when the buyer bought the article at a price way below ordinary prices.
• The prosecution must prove that a crime of theft or robbery has been committed (first element) but there need not be an information filed in court before the crime of fencing is prosecuted.

V. 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 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.