RECEIVED

Republic of the Philippines 26 JUL 2016
HOUSE OF REPRESENTATIVES
Quezon City !
SEVENTEENTH CONGRESS
First Regular Session PATION UNIT

BELLS ANS WN

1980

House Bill No.

SERVICE

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

EXPLANATORY NOTE

This bill secks 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, but not limited to, 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, immediate passage of this bill is earnestly sought.

HON. ESTRELLITA B. SUANSING HON. népatro P. SUANSING
1* District, Nueva Ecija 2n4 District, Sultan Kudarat


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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SEVENTEENTH CONGRESS
First Regular Session

1980

House Bill No.

Introduced by Representatives
Estrellita B. Suansing and Horacio P. Suansing, Jr.

AN ACT
IMPOSING PENALTIES ON PERSON OR PERSONS GUILTY OF FENCING
PROPERTIES OWNED BY THE PHILLIPINE GOVERNMENT SUCH AS, BUT NOT
LIMITED TO, RAILINGS, MANHOLE COVERS, SIGNAGE, SIGN POSTS, AND
SLABS, 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 1. 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) 200
(b) xx
(c) xxx
(d) xxx
(e) xxx
(200

(G) IF THE PROPERTY OR OBJECT OF FENCING IS OWNED BY
THE GOVERNMENT OF THE REPUBLIC OF THE PHILIPPINES
SUCH AS, BUT NOT LIMITED TO, RAILINGS, MANHOLE
COVERS, SIGNAGE, SIGN POSTS, AND SLABS, THE
FOLLOWING PENALTY SHALL BE IMPOSED:


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(1) THE PENALTY OF RECULSION PERPETUA IF THE
VALUE OF THE PROPERTY STOLEN IS MORE THAN
ONE HUNDRED THOUSAN PESOS (P100,000.00)

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

(3) THE PENALTY OF PRISION MAYOR, IN ITS MINIMUM
AND MAXIMUM PERIODS, IF THE VALUE OF THE
PROPERTY IS LESS THAN FIFTY THOUSAND PESOS
(P50,000.00)

THE ACCESORY 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 entities
dealing in the buy and sell of ANY ITEM OR PROPERTY OWNED
BY THE GOVERNMENT OF THE PHILIPPINES 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 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 the Official Gazette or at least two (2) newspapers of general

circulation.

Approved,