Cattle Rustling

PD 533, the Cattle Rustling law, isn't considered a special law. Rather, it's a modified version of malicious mischief. As such, the penalties for its violation are governed by the Revised Penal Code; that was the intent of its maker (Canta vs. People, GR 140937, February 28, 2001.) Mitigating circumstances similar to voluntary surrender will thus also apply (also in Canta.)

The purpose of this law is to protect the cattle industry

Cattle rustling is defined as the taking of any large cattle -whether for profit/gain or not- by any means, schemes or methods and without the owner's consent. It may be committed with or without violence or intimidation or force upon things. Killing of large cattle, taking of their meat or hides, are also considered violations of PD 533 if done without the owner's consent.

"Large cattle" covers cows, carabaos or any other domesticated member of the bovine family as well as horses, mules, asses or donkeys -hey, it's in the definition. The "owner" also refers to the herdsmen, caretakers, employees or tenants of the owner (who may be a real or juridical person.)

There is a presumption of cattle rustling if a person fails to present the necessary documents for inspection. These documents are:

1.) Permit to buy and sell large cattle -issued by the municipal/city treasurer and police chief of the place where the buyer/seller resides

2.) Permit to ship large cattle -issued by the police chief of the place where the cattle is registered

3.) Certificate of ownership

4.) Certification from the provincial veterinarian that the cattle, hides and meat are disease-free 

5.) Permit from the city/municipal treasurer

6.) Any other documents as may be required

Penalties:

1.) Prision mayor maximum to reclusion temporal medium if there was no violence, intimidation or force on things

2.) Reclusion temporal maximum to reclusion perpetua if violence, intimidation or force on things

3.) Reclusion perpetua if someone was seriously injured or killed

If the offender is a government official or employee, he will be disqualified from holding any public office or employment as well as from running for office (he's also disqualified from voting.) If the offender is a foreigner, he'll be deported after serving sentence.

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