SEVENTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
Second Regular Session )

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‘18 MAY 21 P3:16

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SENATE a

S.B. No. _1812

Introduced by Senator Aquilino “Koko” Pimentel III

AN ACT
AMENDING PRESIDENTIAL DECREE NO. 1612, OR THE
“ANTI-FENCING LAW”

EXPLANATORY NOTE

Penalties must be commensurate to the offense committed. This
was one of the guiding principles in the enactment of Republic Act No.
10951 (R.A. 10951), which adjusted the amounts or the values of
property and damage on which the penalties provided in the Revised
Penal Code are based. Congress recognized that the values provided in
the Revised Penal Code, which was enacted in 1932, are no longer apt
bases for the penalties imposed.

However, the enactment of R.A. 1095] does not automatically
result in the concomitant adjustment of the penalties provided under
Presidential Decree No. 1612, or the “Anti-Fencing Law” (P.D. 1612).
The crime of fencing punishes the act of buying, receiving, possessing,
or selling an item that a person knows, or should know, was derived
from the proceeds of robbery or theft. Like the offenses of robbery and
theft punished under the Revised Penal Code, the penalties provided for
the crime of fencing are hinged on the value of the property fenced.
Without an adjustment of the values of property that serve as the bases



for the penalties under P.D. 16/2, a situation may arise where a fence—
who is in theory a mere accessory to the offense of robbery or theft—
will be punished more severely than a robber or a thief.

To cure this incongruence in penalties, this bill adjusts the values
of property that serve as the bases for penalties under P.D. 1612.

In view of the foregoing, speedy passage of this measure is

earnestly sought.
AQUILINO “KOKO” PIMENTEL III



CIADAWARYWHNH

SEVENTEENTH CONGRESS OF THE )

REPUBLIC OF THE PHILIPPINES ) "ig way 21. P316
Second Regular Session )
SENATE — e
S. B. No. 1812

Introduced by Senator Aquilino “Koko” Pimentel III

AN ACT
AMENDING PRESIDENTIAL DECREE NO. 1612, OR THE
“ANTI-FENCING LAW”

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

SEC. 1. Adjusted Penalties. — In view of the enactment of
Republic Act No. 10951, which adjusted the amounts of money or values
of property or damage that are the bases of penalties for the offenses of
theft and robbery, Section 3 of Presidential Decree No. 1612, or 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) The penalty of prision mayor, if the value of the property
involved is more than [12,000] ONE MILLION TWO
HUNDRED THOUSAND pesos (P1,200,000) but not
exceeding [22,000] TWO MILLION TWO HUNDRED
THOUSAND pesos (P2,200,000); if the value of such
property exceeds the latter sum, the penalty provided in this
paragraph shall be imposed in its maximum period, adding

Page | of 3



one year for each additional [10,000] ONE MILLION pesos
(P 1,000,000); but the total penalty which may be imposed
shall not exceed twenty years. In such cases, the penalty shall
be termed reclusion temporal and the accessory penalty
pertaining thereto provided in the Revised Penal Code shall
also be imposed.

(b) The penalty of prision correccional in its medium and
maximum periods, if the value of the property robbed or
stolen is more than [6,000] SIX HUNDRED THOUSAND
pesos (P600,000) but not exceeding [12,000] ONE
MILLION TWO HUNDRED THOUSAND pesos
(P1,200,000).

(c) The penalty of prision correccional in its minimum and
medium periods, if the value of the property involved is more
than [200] TWENTY THOUSAND pesos (P20,000) but not
exceeding [6,000] SIX HUNDRED THOUSAND pesos
(P600,000).

(d) The penalty of arresto mayor in its medium period to
prision correccional in its minimum period, if the value of
the property involved is over [50] FIVE THOUSAND pesos
(P5,000) but not exceeding [200] TWENTY THOUSAND
pesos (P20,000).

(e) The penalty of arresto mayor in its medium period if such
value is over [five (5)] FIVE HUNDRED pesos (P500) but
not exceeding [50] FIVE THOUSAND pesos (P5,000).

(f) The penalty of arresto mayor in its minimum period if
such value does not exceed [5] FIVE HUNDRED pesos
(P500).”

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SEC. 2. Repealing Clause. — Any law, presidential decree or
issuance, executive order, letter of instruction, or rule or regulation
inconsistent with the provisions of this Act is hereby repealed or
modified accordingly.

SEC. 3. Effectivity. — This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in two (2)

newspapers of general circulation.

Adopted,

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