EXPLANATORY NOTE
The  sudden  boom  of  the  mobile  phone  industry  in  the  country  opened  up  new
permutations of criminal activities which led not only to loss of properties but of lives as well.
It  is  for this  reason  that this  bill  seeks  to  amend  Presidential  Decree  No.  1612,  otherwise
kncNIn as the "Anti-Fencing Law of 1979."
Snatching and stealing of mobile phones have proliferated and become a way of life
to  some  people.  Sadly,  this  is  not abated  because  there  are  unscrupulous  establishments
which  buy or acquire these  items as  pawn  even  if these  are  suspected  to  be  proceeds of
robbery  or  theft.  The  countless  victims  of  this  particular  street  crime  are  the  compelling
reasons for the  need to come  up with  legal and  regulatory measures to effectively address
this problem.
Hence, to discourage   owners or manager of stores,  establishments or entities from
dealing with stolen goods such as mobile or cellular phones,   and for snatchers and thieves
to stop their illegal activities, approval of this bill is highly and earnestly recommended.


NINETEENTH CONGRESS                  )
REPUBLIC OF THE PHILIPPINES    )
First Regular session                           )
HOUSE OF REPRESENTATIVES
Introduced by Representative Rufus a. Rodriguez
HouseBil|No.     5377
AN ACT
FURTHER  REGULATING  THE  SALE  OF  SECOND  HAND  ARTICLES  PARTICULARLY
ELECTRONIC   AND    TELECOMMUNICATIONS    EQUIPMENT,    AIVIENDING    FOR   THE
PURPOSE  PRESIDENTIAL  DECREE  NO.  1612,  OTHERWISE  KNOWN  AS  THE  "ANTl-
FENCING LAW OF 1979."
B_e__it_ _e_nL?_C}.pd  by the  Senate  and  House of Representatives of the  Philippines  in  Congress
assembled:
SECTION 1.    Section  6  of  Presidential  Decree  No.   1612,  otherwise  known  as  the  "Anf/.-
Fenct.ng law of 7979, " is hereby amended to read as follows:
"Sectiion 6.       clearance/Permit to  sell/Use  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 or anything  of value  obtained
from an  unlicensed dealer,  [or]supplier OR  INDIVIDUAL [thereof] shall  before
BUYING AND offering the same for sale to the public,  secure the necessary
clearance   or   permit   from    the    station    commander   of   the    [lntegrated]
PHILIPPINE    National    Police    in    the    town    or    city   where    such    store,
establishment or entity is located.
IN   THE   CASE   OF   ELECTRONIC   AND   TELECOMMUNICATIONS
EQUIPMENT,  HOWEVER,  SUCH  AS  BUT  NOT  LIMITED  TO  MOBILE  OR
CELLULAR  PHONES,   THE  OWNER  OR  MANAGER  OF  SUCH   STORE,
ESTABLISHMENT  OR  ENTITY  SHALL  FIRST  REQUIRE  THE  PROOF  OF
PURCHASE    OR   OWNERSHIP   AND   THE    NECESSARY   CLEARANCE
FROM   THE   NATIONAL   TELECOMMUNCATIONS   COMMISSION   FROM
THE  SELLER  OF  THE  SAID   ITEM   BEFORE   BUYING,   ACQUIRING,   OR
ACCEPTING  THE  SAME  AS  PAWN.     IThe  Chief  of  Constabulary/Director
General,    Integrated    National    Police    shall    promulgate    such    rules    and
regulations to carry out the provisions of this section.I  Any person who fails to
secure  the  clearance  or  permit  AND  THE  PROOF  OF  PURCHASE  OR
OWNERSHIP 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.   FURTHER, THE PERMIT OR LICENSE TO OPERATE
OF SUCH STORE,  ESTABLISHMENT OR ENTITY SHALL BE REVOKED."
SEC.  2.  The  Director General  of the  Philippine  National  Police  shall,  within  sixty (60) days
after the effectivity of this Act,  promulgate such rules and regulations to implement this Act.
SEC.  3.  This  Act  shall  take  effect fifteen  (15)  days  after  its  publication  in  at  least  two  (2)
national newspapers of general circulation.
Approved,
2