a “aD \
Receive *

SEVENTEENTH CONGRESS
REPUBLIC OF THE PHILIPPINES
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

5309

House Bill No.
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 wel.
It is for this reason that this bill seeks to amend Presidential Decree No. 1612, otherwise
known 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.

Me

MAXIMO B. RODRIGUEZ, JR.


SEVENTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session

HOUSE OF REPRESENTATIVES

Introduced by Representative Maximo B. Rodriguez, Jr.

House Bill No, D309

AN ACT
FURTHER REGULATING THE SALE OF SECOND HAND ARTICLES PARTICULARLY
ELECTRONIC AND TELECOMMUNICATIONS EQUIPMENT, AMENDING FOR THE
PURPOSE PRESIDENTIAL DECREE NO. 1612, OTHERWISE KNOWN AS THE “ANTI-
FENCING LAW OF 1979."

Be it enacted 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 “Anti-
Fencing Law of 1979,”is hereby amended to read as follows

“Section€. — Clearance/Permit to Sel/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, [orjsupplier 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 [Integrated]
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. [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 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,