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!
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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3 comments:
thank you for this informational blog.
Thank you very much..
Tnx for the info
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