C. Anti-Fencing Law of 1979 (PD 1612)

Fencing

It 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. (Sec. 2)

Fence

This includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing. (Sec. 2)

ELEMENTS

Elements of the crime of fencing:

• The crime of robbery or theft has been committed;
• The accused, who is not the principal or accomplice in the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value, which has been derived from the proceeds of the said crime;
• 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,
• There is, on the part of the accused, intent to gain for himself or another. (Dizon-Pamintuan v. People, G.R. No. 111426, 1994)

All elements must be established beyond reasonable doubt

Short of evidence establishing beyond reasonable doubt the existence of the essential elements of fencing, there can be no conviction for such offense… As complainant reported no loss, [the Court] cannot hold for certain that there was a committed crime of theft. The first element of the crime of fencing is absent. (Tan v. People, G.R. No. 134298, 1999)

PRESUMPTION OF FENCING; EXCEPTION (SECS. 5 & 6)

General rule: Mere possession of any good, article, object or anything of value which has been subject of robbery or thievery shall be prima facie evidence for fencing. (Sec. 5)

Separately, Section 6 requires covered dealers to secure a clearance or permit before offering covered goods for sale; a clearance or permit is not an exception to Section 5’s prima facie presumption.

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 of the town/city where it is located.

Failure to secure the clearance or permit herein required shall upon conviction be punished as a fence.

Factors that are to be considered in justifying the presumption include:

• The time and place of the sale, both of which may not be in accord with the usual practices of commerce; the nature and condition of the goods sold; and,
• the fact that the seller is not regularly engaged in the business of selling goods. (Ong v. People, G.R. No. 190475, 2013)

Bouncing Checks Law (B.P. Blg. 22)

B.P. Blg. 22 or the Bouncing Checks Law penalizes the making, drawing, and issuance of checks without sufficient funds or credit. Below are the relevant sections:

Section 1: Making or Drawing and Issuance of a Check Without Sufficient Funds

• Any person who makes, draws, and issues any check to apply on account or for value, knowing at the time of issue that they do not have sufficient funds or credit with the drawee bank, will be penalized.
• Under Section 2, a check presented within 90 days of its date and dishonored for insufficient funds is prima facie evidence of the maker’s knowledge, unless the maker pays the holder or makes bank-arranged payment within five banking days after receiving written notice of dishonor.

Section 2: Evidence of Knowledge of Insufficient Funds

• Knowledge of insufficient funds is presumed when the check is dishonored for insufficiency of funds or for the reason that it would cause the account to be overdrawn.
• A subsequent dishonor of the same check is considered prima facie evidence of the maker's or drawer's knowledge of insufficient funds.

Section 3: Duty of Drawee; Rules of Evidence

• The drawee must state the reason for dishonor on the check or an attachment.
• The prosecution must prove the maker’s receipt of written notice of dishonor to invoke the prima facie presumption of knowledge under Section 2.

Sections 1 and 5: Penalty; Liability Under the Revised Penal Code

• Section 1 prescribes imprisonment of 30 days to one year, a fine of not less than the amount of the check and not more than twice that amount (in no case exceeding ₱200,000), or both, at the court’s discretion. Section 5 preserves liability under the Revised Penal Code.

Administrative Circulars Relevant to B.P. Blg. 22

A.C. No. 12-2000 (Re: Penalty for Violation of B.P. Blg. 22)

• This circular reiterates that while imprisonment is the penalty prescribed by law, the court is also allowed to impose only a fine. Courts are encouraged to consider imposing fines instead of imprisonment, especially if there is no apparent intent to defraud the payee.

A.C. No. 13-2001 (Clarification on A.C. No. 12-2000)

• This circular clarifies that A.C. No. 12-2000 does not remove the penalty of imprisonment. It only emphasizes that the court has the discretion to impose a fine instead of imprisonment depending on the circumstances of the case. This is particularly in cases where there is no clear intention to defraud.

These sections and circulars are significant in the prosecution and defense of cases involving the issuance of bouncing checks, as they provide guidelines for determining the liability and potential penalties for the offender.

New Anti-Carnapping Act of 2016 (R.A. No. 10883)

Republic Act No. 10883, also known as the New Anti-Carnapping Act of 2016, provides stricter measures and penalties against the crime of carnapping in the Philippines.

Section 3: Carnapping; Penalties

• Carnapping is defined as the taking, with intent to gain, of a motor vehicle belonging to another without the latter's consent, or by means of violence against or intimidation of persons, or by using force upon things.
• A Motor Vehicle refers to any vehicle that is powered by an engine and capable of transporting or drawing persons or property on a highway, except those specifically excluded under the law.

Section 3: Carnapping

• The act of carnapping is committed when any person, whether or not the motor vehicle is driven or removed to another place, takes a motor vehicle belonging to another, with the intent to gain, without the owner's consent.
• The law specifies that the taking of the motor vehicle must be with intent to gain and without the owner’s consent, which can be done either with or without violence, intimidation, or force.

Section 3: Carnapping; Penalties

• The penalties for carnapping under R.A. No. 10883 are severe and vary depending on the circumstances:
• Without violence or intimidation of persons, or force upon things: Imprisonment of 20 years and one day to 30 years.
• With violence, intimidation of persons, or force upon things: Imprisonment of 30 years and one day to 40 years.
• If the owner, driver, or occupant of the carnapped vehicle is killed or raped: Life imprisonment.

This act significantly increases the penalties compared to the previous Anti-Carnapping Act (R.A. No. 6539), emphasizing the government's intent to combat the rise of carnapping incidents in the country. The law also provides for the impounding of recovered stolen vehicles and requires strict compliance with the registration and reporting of motor vehicles to prevent carnapping.

Motorcycle Crime Prevention Act (R.A. No. 11235, as amended by R.A. No. 12209)

Republic Act No. 11235, also known as the Motorcycle Crime Prevention Act, was enacted to address crimes involving motorcycles by implementing stricter regulations and identification measures.

Section 4: Bigger and Readable Number Plates

• The law mandates that all motorcycles must have bigger and more readable number plates both at the front and back. The size and font must be large and clear enough to be readable from a distance.
• The Land Transportation Office (LTO) is tasked with determining the specifications for these number plates, ensuring they are made of durable and tamper-proof materials to prevent unauthorized alterations.

Section 7: Color Scheme and Alphanumeric Numbering

• The LTO is also required to implement a uniform color scheme and alphanumeric numbering system for all motorcycles.
• This measure aims to improve the visibility and traceability of motorcycles, particularly in relation to the prevention of crimes involving motorcycles.

Section 9: Temporary Number Plates

• In cases where the permanent number plates are not yet available, the law allows the use of temporary plates.
• These temporary plates must follow the specifications set by the LTO and should be clearly visible and readable.
• Owners are required to secure these temporary plates from the LTO immediately upon registration of their motorcycles.

Sections 11-13: Prohibition Against Unauthorized Use

• Section 11: It is unlawful for any person to use a motorcycle without a proper and visible number plate. Additionally, the use of stolen number plates or those issued to another motorcycle is strictly prohibited.
• Section 12: Any motorcycle driven without the necessary number plate or with a fake plate is subject to immediate impoundment by law enforcement authorities.
• Section 13: Violations of the provisions regarding the proper use and display of number plates are penalized. Penalties include fines and imprisonment, with more severe consequences for repeat offenders and those found to be using fake or tampered plates.

This law is a response to the increasing number of crimes involving motorcycles, often used as getaway vehicles due to their speed and maneuverability. The law aims to curb these crimes by making it easier to identify and trace motorcycles involved in illegal activities.

Law on Arson (P.D. No. 1613)

Presidential Decree No. 1613 amends the provisions of the Revised Penal Code on arson, defining the offense and its corresponding penalties more specifically.

Section 1: Arson

• Arson includes the burning of property belonging to the offender under the circumstances specified in Section 1; it is not limited to property belonging to another.

Section 2: Special Aggravating Circumstances in Arson

• Section 2 of P.D. No. 1613 prescribes special aggravating circumstances in arson; destructive arson is governed by Article 320 of the Revised Penal Code, as amended.

Section 3: Other Cases of Arson

• This section provides for the punishment of other acts of arson that do not fall under Destructive Arson but still involve the burning of property.
• Burning of uninhabited buildings or structures.
• Burning of any personal property.
• Burning of any vehicle, including aircraft and watercraft.

Section 2: Special Aggravating Circumstances in Arson

• The penalty for arson is increased when certain aggravating circumstances are present, such as:
• If the arson results in the death of a person.
• If the arson is committed with the intent to conceal or destroy evidence of another crime.
• If the arson is committed to cause economic sabotage.

Section 5: Penalties

• The penalties for arson vary depending on the severity and the circumstances of the act:
• The penalty for destructive arson depends on the circumstances specified in Article 320 of the Revised Penal Code, as amended; reclusion perpetua and life imprisonment are distinct penalties.
• Lower penalties, such as reclusion temporal or prision mayor, for other types of arson.
• The specific penalty depends on the type of property burned, whether there were aggravating circumstances, and the intent behind the act.

Section 4: Prima Facie Evidence of Arson

• The law outlines specific instances that constitute prima facie evidence of arson, meaning that certain facts alone can establish a presumption of guilt unless rebutted:
• The presence of combustible materials near the site of the fire.
• Evidence that the fire was started deliberately or with the use of accelerants.
• Proof that the fire occurred under suspicious circumstances, such as simultaneous outbreaks or the absence of any natural cause.

Section 5: Conspiracy to Commit Arson

• Section 5 prescribes a penalty for conspiracy to commit arson distinct from the penalty for consummated arson.
• When two or more persons agree to commit arson and decide to carry out their plan, they can be held liable even if the arson was not successfully executed.

P.D. No. 1613 aims to address the various forms and severity of arson, ensuring that perpetrators face appropriate penalties based on the nature of the crime. The law also places emphasis on preventing arson-related crimes by setting out clear penalties and outlining what constitutes evidence of arson.