I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
No, it's not fencing with swords!
The fencing in this law (PD 1612) refers to a crime that in many ways accompanies crimes against property. It happens when a person buys, sells, accepts, keeps, conceals, acquires or in any manner disposes of something that he knows or should know is stolen. It is accompanied by the intent to gain from the stolen object. The "fence" is a person or organization that performs any of the above-mentioned acts. So beware of random people who suddenly walk up to you and hold out something for sale like a pair of shades, a watch or a piece of jewelry. Chances are if you buy it you could be committing a crime.
Elements:
1.) Robbery or theft was committed
2.) The accused is neither an accomplice nor principal and buys, accepts, sells, etc. the stolen item
3.) The accused knows or should know that the object is stolen
4.) The accused was motivated to profit for himself or for another person
The third element is crucial. Moral turpitude must be proven. If this can't be proven, the prosecution has a problem. There is a clue, however. Sec. 5 of the law states that mere possession of the stolen object constitutes prima facie evidence that fencing took place.
Penalties:
1.) Prision mayor if the stolen object is valued between Php 12,000.00 to Php 22,000.00. If the value exceeds Php 22,000.00, the penalty is put at its maximum period with an additional year for every additional Php10,000.00 but not to exceed 20 years
2.) If the value is greater than the limit in #1, reclusion temporal and its accessory penalties are imposed.
3.) Prision correccional medium and maximum if the value of the stolen object is higher than Php 6,000.00 but not higher than Php 12,000.00
3.) Prision correccional minimum and medium if the stolen property is worth more than Php 200 but not higher than Php 6,000.00
4.) Arresto mayor medium to prision correccional minimum if the value is more than Php 50 but not more than Php 200
5.) Arresto mayor medium if the value is more than Php 5 but not higher than Php 50 (ouch!)
6.) Arresto mayor minimum if the value is Php 5 or less (yeeeouch!)
In addition to jail time the stolen object is to be returned to its rightful owner, even if it's in the hands of a third person unless it was acquired following requirements set by law and the law now bars recovery. Reparation for damages is also required as well as indemnity for damages. Allowance for deterioration or diminution will also be determined by the court.
The Indeterminate Sentence Law is also applicable to PD 1612. Furthermore, establishments or entities that sell secondhand items are required to possess a police clearance to sell such items. Failure to produce such a license or violations in the rules an regulations for the license will be considered a violation of PD 1612. This, however, doesn't cover rummage and garage sales.
16 comments:
I find it noble that someone is making an effort to make the law understood. The way you had put PD 1612 here is impressively clear. What a great nation we will become if our people know the law, as proven by their ability to express their understanding of it in the plainest English, and even better, in the national language. Knowing and appreciating the law could be the first step to respecting it.
An affidavit without evidence can be consider a proof? We were alarmed when the product their selling was stolen. And this robbed owner is so arrogant accusing that we were connected, it just turned we bought the item first time. Now their pursuing an affidavit as proof that were are connected in illegal? Its not right to accused like that.
Can you invoke the anti-fencing law against the pawnshop accepting stolen items?
Good Day Sir Giancarlo! I am astounded as to how you made it easy for us to understand this law, we are a fourth year Journalism students from the University of Santo Tomas and I am part of the group that is tasked to write a report on the alleged selling of stolen phones, specifically at the overpass near SM North EDSA.
In this regard, may we request a phone/telephone interview with you to discuss and clarify matters concerning this kind of modus operandi and other related concerns. The interview may be conducted at your most convenient date and time but preferably not later than December 5, 2015.
You may get in touch with the undersigned through mobile: 09431302821 | 09157551666 or email jnsr_09@yahoomail.com, for your questions or concerns about this request.
Your positive response would be greatly appreciated. Thank you very much.
Respectfully yours,
Miah Romualdo
Nakasuhan ang kapatid ko ng anti fencing pero inatras na ng complainant ng araw na yun kailangan pa rin ba kuhanan ng litrato ang kapatid ko kahit naatras na ang kaso?
I would also what to learn about the right to temporary parking along side national roads. When I say temporary, it wont last for more than 10 minutes, it will be for the purpose of loading and unloading only. We live along a national highway, it is in the middle of the city of Catbalogan. We are not allowed to stop, load or unload on the road since the PNP says it is against the law. The road is wide enough to accommodate parking though. Can you clarify on this sir?
What if he took the watch which turned to be his own watch?
The Milfords back up to the pen and we help them crowd the calves closer and closer to the open trailer gate until one calf jumps in. They're like lemmings at this point. Once one is inside, the rest follow.
iron fence panels
impossible crime. still punishable.
Kapag ba ang pinangbili ay galing sa nakaw ano ang kaso? May kaso ba ang binilhan na ang pinagbayad ay gali g sa nakaw
Paano po kung ang nabili ay hindi alam ay nakaw tapos sa pagdududa mo ito ay ni report mo sa possibleng pinagmulan at nagkataon nga na silay nawawalan, tama ba na ikaw ay kasuhan ng anti fencing gayung ako ang naging dahilan kung sinu sino ang nagnanakaw sa kanila
napagbintangan ako sa isang bagay about fencing na nd naman ako ang gumawa anu manyayari po dun pag ganun???maiidepensa ko ba sarili ko at makukulong ba ko agad...
at may humingi sakin ng tulong para mabenta ang cp na hindi naman po namin alam na nakaw pala......
Ganan po nangyari sa akin ni report ko sa kanila kc duda nga ako tapos ending ako ang pinagbabayad.. Tama po ba yon?
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