Article 46Act No. 3815, Sec./Art. 46

Penalty to be imposed upon principals in general.-The penalty prescribed by law for the commission of a felony shall be imposed upon the principals in the commission of such felony.

Whenever the law prescribes a penalty for a felony in general terms, it shall be understood as applicable to the consummated felony.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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.

(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 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.

(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 of 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.

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.

RULES AND REGULATIONS TO CARRY OUT THE

PROVISIONS OF SECTION 6 OF PRESIDENTIAL

DECREE NO. 1612, KNOWN AS THE ANTI-FENCING

LAW.

Pursuant to Section 6 of Presidential Decree No. 1612,

known as the Anti-Fencing Law, the following rules and

regulations

are

hereby

promulgated

to

govern

the

issuance of clearances/permits to sell used secondhand

articles obtained from an unlicensed dealer or supplier

thereof:

I. Definition of Terms

1. "Used secondhand article" shall refer to any goods,

article, item, object or anything of value obtained from an

unlicensed dealer or supplier, regardless of whether the

same has actually or in fact been used.

2. "Unlicensed dealer/supplier" shall refer to any persons,

partnership, firm, corporation, association or any other

entity or establishment not licensed by the government

to engage in the business of dealing in or of supplying

the articles defined in the preceding paragraph.

3. "Store", "establishment" or "entity" shall be construed to

include any individual dealing in the buying and selling

used

secondhand

articles,

as

defined

in

paragraph

hereof.

4. "Buy and Sell" refer to the transaction whereby one

purchases used secondhand articles for the purpose of

resale to third persons.

5.

"Station

Commander"

shall

refer

to

the

Station

Commander of the Integrated National Police within the

territorial limits of the town or city district where the store,

establishment or entity dealing in the buying and selling

of used secondhand articles is located.

II. Duty to Procure Clearance or Permit

1. No person shall sell or offer to sell to the public any used

secondhand

article

as

defined

herein

without

first

securing a clearance or permit for the purpose from the

proper Station Commander of the Integrated National

Police.

2. If the person seeking the clearance or permit is a

partnership, firm, corporation, or association or group of

individuals, the clearance or permit shall be obtained by

or in the name of the president, manager or other

responsible officer-in-charge thereof.

3. If a store, firm, corporation, partnership, association or

other establishment or entity has a branch or subsidiary

and the used secondhand article is acquired by such

branch or subsidiary for sale to the public, the said branch

or

subsidiary shall secure the required clearance or

permit.

4. Any goods, article, item, or object or anything of value

acquired

from

any

source

for

which

no

receipt or

equivalent

document

evidencing

the

legality

of

its

acquisition could be presented by the present possessor

or holder thereof, or the covering receipt, or equivalent

document,

of

which

is

fake,

falsified

or

irregularly

obtained, shall be presumed as having been acquired

from an unlicensed dealer or supplier and the possessor

or holder thereof must secure the required clearance or

permit before the same can be sold or offered for sale to

the public.

III. Procedure for Procurement of Clearances or Permits

1. The Station Commanders concerned shall require the

owner of a store or the president, manager or responsible

officer-in-charge of a firm, establishment or other entity

located

within

their

respective

jurisdictions

and

in

possession of or having in stock used secondhand articles

as defined herein, to submit an initial affidavit within

thirty (30) days from receipt of notice for the purpose

thereof and subsequent affidavits once every fifteen (15)

© Compiled By RGL

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