Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

4960

HOUSE BILL No.

Introduced by: REPRESENTATIVE SALVIO B. FORTUNO-

EXPLANATORY NOTE

‘This bill seeks to amend Presidential Decree No.1612 otherwise known as the Anti-
Fencing Law of 1972 by imposing heavier penalties on persons who buy, receive, possess, keep,
acquire, conceal, sell or dispose of, or shall buy and sell or in any manner deal properties owned
by any of the government railway systems such as railings, slabs, clips and the like, which are
known to have been derived from the proceeds of the crime of robbery or theft.

The Philippine National Railways (PNR) serves as one of the instrumentalities of the
government in providing trans-national railroad and mass transport system. It owns and operates

railroads for the purpose of transporting passengers and movable properties or objects to any
point in Luzon.

It has come to the attention of the authorities however, that there is rampant theft of
properties owned by PNR such as railings, slabs and clips among others,

Such act does not paralyze PNR operations but a substantial amount of money is
required to restore train services but also endangers the safety of the passengers. This certainly
erodes the confidence of the public in the PNR as one of the vital cogs of the transportation
sector, in particular , and the economy, in general.

This situation perhaps does not exempt other railroad systems owned by the government
such as the Metro Rail Transit System and Light Rail Transit from being victimized by thieves
and robbers of such important components of the railway system.

Itis therefore imperative that the resurgence of said crimes be effectively curtailed by

imposing heavier penalties on persons who profit by the effects of the crime of theft of

properties owned by government railway systems such as railings, slabs and clips among others.
In view of the foregoing reasons, the approval of this bills earnestly sought.

Sue

SALYIO B. FORTUNO
‘epresentative
FiftlyDistrict, Camarines Sur

J


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS,
First Regular Session

House BLL No.__ 4960

Introduced by: REPRESENTATIVE SALVIO B. FORTUNO

AN ACT
INCREASING THE PENALTY ON PERSON GUILTY OF FENCING OF
PROPERTIES OWNED BY GOVERNMENT RAILWAY SYSTEMS SUCH AS
RAILINGS, SLABS, CLIPS AND THE LIKE AMENDING FOR THE PURPOSE
SECTIONS 3 AND 6 OF PRESIDENTIAL DECREE No. 1612 OTHERWISE
KNOWN AS THE ANTI-FENCING LAW OF 1972

Be it enacted by the Senate and the House of Representatives
of the Philippines in Congress assembled:

SECTION L. Section 3 of Presidential Decree No. 1612 otherwise known as the
Anti-Fencing Law of 1972 is hereby amended to read as follows:

“Section 3. Penalties. — Any person guilty of fencing shall be
punished as hereunder indicated:

(a) xxx xxx xxx
xxx xxx XXX

(G) IF THE PROPERTY OR OBJECT OF FENCING IS OWNED
BY ANY OF THE GOVERNMENT RAILWAY SYSTEMS SUCH
AS RAILING, SLAB, CLIP AND THE LIKE, THE FOLLOWING
PENALTY SHALL BE IMPOSED:

1. THE PENALTY OF RECLUSION PERPETUA IN ITS
MINIMUM AND MAXIMUM PERIODS, IF THE
‘VALUE OF PROPERTY STOLEN IS MORE THAN ONE
HUNDRED THOUSAND PESOS (P 100,000.00);


2. THE PENALTY RECLUSION TEMPORAL IN ITS
MINIMUM AND MAXIMUM PERIODS, IF THE
VALUE OF PROPERTY STOLEN IS MORE THAN
FIFTY THOUSAND PESOS (P50,000.00) BUT DID NOT.
EXCEED ONE HUNDRED THOUSAND PESOS
(P100,000.00);

3. THE PENALTY OF RECLUSION TEMPORAL IN I
MINIMUM AN DMAXIMUM PERIODS F
VALUE OF PROPERT’
THOUSAND PESOS (P50,000.00).

THE ACCESSORY PENALTY PERTAINING THERETO AS
PROVIDED IN THE REVISED PENAL CODE SHALL ALSO BE IMPOSED.

SEC. 2. Section 6 of Presidential Decree No. 1612 otherwise known as the
Anti-Fencing Law of 1972 is hereby amended to read as follows:

“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 ITEM OR PROPERTY OWNED BY ANY OF THE GOVERNMENT RAILWAY
SYSTEMS OR 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] Chief of the Philippine National Police (PNP) in the town or city where
such store, establishment or entity is located OR FROM ALL GOVERNMENT
RAILWAY SYSTEMS AS THE CASE MAYBE. The Chief of [Constabulary/Director
General, Integrated National Police] OF THE PHILIPPINE 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 shall upon
conviction be punished as a fence.

SEC. 3. Alll laws, executive orders, presidential decrees, rules and regulations,
which are inconsistent with this Act are hereby amended, repealed or modified
accordingly.

SEC. 4, This Act shall effect fifteen (15) days after its publication in any
newspaper of general circulation.

Approved,

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