FIFTEENTH CONGRESS: )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No., 1410

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 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.

CZ
wll thas

Me

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B, Rodriguez, Jr.

1410

House Bill No.

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 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
[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 cary 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,