Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No, __ 5599

Introduced by Representative ESTRELLITA “GING” B. SUANSING

EXPLANATORY NOTE

This bill seeks to amend Presidential Decree No. 1612, otherwise
known as the Anti-Fencing Law of 1979, by imposing penalties on person or
persons who buy, receive, possess, keep, acquire, conceal, sell, or dispose
of, or shall buy and sell, or in any manner deal with properties owned by the
government of the Philippines such as railings, manhole covers, signage,
sign posts, slabs, and the like, which are known to have been derived from
the proceeds of the crime of robbery or theft.

Over the years, theft of government properties, especially items
deemed valuable and profitable, have become rampant. Railings found on
sidewalks and railroad tracks, as well as manhole covers, among others, are
being stolen and sold to junk yards and the like. Some cases, such as theft
of railroad railings, can endanger the life of our fellow countrymen.

These properties are placed in their respective locations because the
government trusts that the public will not steal and sell them. The rampant
act of theft and robbery of government properties can be effectively curtailed
by imposing penalties on persons who profit from these crimes. As they say,
when there is no demand, then there shall be no supply.

‘This bill, therefore, focuses on the receivers of stolen property as the
central figures in theft activities and in the distribution of stolen goods. The
penalties provided herein are higher when the crime committed is against
the government.

In view of the foregoing, the approval of this bill is earnestly sought.

1* District, Nueva Ecij


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH CONGRESS
Second Regular Session

House Bill No. 5599

Introduced by Representative ESTRELLITA “GING” B. SUANSING

AN ACT
IMPOSING PENALTIES ON PERSON OR PERSONS GUILTY OF FENCING
PROPERTIES OWNED BY THE PHILIPPINE GOVERNMENT SUCH AS
RAILINGS, MANHOLE COVERS, SIGNAGE, SIGN POSTS, SLABS, 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 Republic
of the Philippines in Congress assembled:

SECTION 1. Section 3 of Presidential Decree No. 1612, otherwise known as
the Anti-Fencing Law, is hereby amended to read as follows:

“Section 3, Penalties, - Any person guilty of fencing
shall be punished as hereunder indicated

(a) xxx
(b) xxx

(0) xxx

(d) xxx

(0) xxx

(f) xxx

(G) IF THE PROPERTY OF OBJECT OF FENCING IS
OWNED BY THE GOVERNMENT OF THE REPUBLIC
OF THE PHILIPPINES SUCH AS RAILINGS,
MANHOLE COVERS, SIGNAGE, SIGN POSTS,
SLABS, AND THE LIKE, THE FOLLOWING PENALTY
SHALL BE IMPOSED:

1, THE PENALTY OF RECLUSION PERPETUA IF
THE VALUE OF PROPERTY STOLEN IS MORE


THAN ONE HUNDRED THOUSAND PESOS (P
100,000.00);

2, THE PENALTY OF RECLUSION TEMPORAL IN
ITS MINIMUM AND MAXIMUM PERIODS, IF
THE VALUE OF THE PROPERTY STOLEN IS
MORE THAN FIFTY THOUSAND PESOS (P
50,000.00) BUT NOT EXCEEDING ONE
HUNDRED THOUSAND PESOS (P 100,000.00);

3. THE PENALTY OF PRISION MAYOR IN ITS

MINIMUM AND MAXIMUM PERIODS, IF THE

VALUE OF THE PROPERTY STOLEN IS LESS

THAN FIFTY THOUSAND PESOS (P 50,000.00)

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

SECTION 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 the purposes of this Act, all stores, establishments or entiti
dealing in the buy and sell of ANY ITEM OR PROPERTY OWNED BY
THE GOVERNMENT OF THE PHILIPPINES OR any good, article
item, ob 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 OR GOVERNMENT PROPERTY is located.
‘The Chief of [Constabulary/Director General, Integrated National
Police] 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.

SECTION 3. Repealing Clause. - Any law, presidential decree or issuance,
executive order, letter of instruction, administrative order, rule, or regulation
contrary to or inconsistent with the provisions of this Act is hereby repealed,
modified, or amended accordingly.

SECTION 4. Effectivity Clause. - ‘This Act shall take effect fifteen (15) days
after its publication in at least two (2) newspapers of general circulation.

Approved,