PRESIDENTIAL DECREE NO.

1612 March 2, 1979

ANTI-FENCING LAW OF 1979
I. FULL TEXT OF PD 1612
WHEREAS, reports from law enforcement agencies reveal that there is
rampant robbery and thievery of government and private properties;
WHEREAS, such robbery and thievery have become profitable on the part
of the lawless elements because of the existence of ready buyers, commonly
nown as fence, of stolen properties;
WHEREAS, under existing law, a fence can be prosecuted only as an
accessory after the fact and punished lightly;
WHEREAS, is imperative to impose heavy penalties on persons who profit
by the effects of the crimes of robbery and theft!
"#W, $HERE%#RE, &, %ER'&"A"' E! (AR)#S, *resident of the
*hilippines by virtue of the powers vested in me by the )onstitution, do hereby
order and decree as part of the law of the land the following+
Sec! ,! $itle! $his decree shall be nown as the Anti-%encing .aw!
Sec! /! 'efinition of $erms! $he following terms shall mean as follows+
a! 0%encing0 is the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, eep, ac1uire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in any article, item, ob2ect or
anything of value which he nows, or should be nown to him, to have been
derived from the proceeds of the crime of robbery or theft!
b! 0%ence0 includes any person, firm, association corporation or partnership
or other organi3ation who4which commits the act of fencing!
Sec! 5! *enalties! Any person guilty of fencing shall be punished as
hereunder indicated+
a6 $he penalty of prision mayor, if the value of the property involved is more
than ,/,777 pesos but not exceeding //,777 pesos; if the value of such property
exceeds the latter sum, the penalty provided in this paragraph shall be imposed
in its maximum period, adding one year for each additional ,7,777 pesos; but the
total penalty which may be imposed shall not exceed twenty years! &n such
cases, the penalty shall be termed reclusion temporal and the accessory penalty
pertaining thereto provided in the Revised *enal )ode shall also be imposed!
b6 $he penalty of prision correccional in its medium and maximum periods, if
the value of the property robbed or stolen is more than 8,777 pesos but not
exceeding ,/,777 pesos!
c6 $he penalty of prision correccional in its minimum and medium periods, if
the value of the property involved is more than /77 pesos but not exceeding
8,777 pesos!
d6 $he penalty of arresto mayor in its medium period to prision correccional
in its minimum period, if the value of the property involved is over 97 pesos but
not exceeding /77 pesos!
e6 $he penalty of arresto mayor in its medium period if such value is over five
:96 pesos but not exceeding 97 pesos!
f6 $he penalty of arresto mayor in its minimum period if such value does not
exceed 9 pesos!
Sec! ;! .iability of #fficials of <uridical *ersons! &f the fence is a
partnership, firm, corporation or association, the president or the manager or any
officer thereof who nows or should have nown the commission of the offense
shall be liable!
Sec! 9! *resumption of %encing! (ere possession of any good, article,
item, ob2ect, or anything of value which has been the sub2ect of robbery or
thievery shall be prima facie evidence of fencing!
Sec! 8! )learance4*ermit to Sell4=sed Second Hand Articles! %or
purposes of this Act, all stores, establishments or entities dealing in the buy and
sell of any good, article item, ob2ect 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 &ntegrated "ational *olice in the town or city where such store,
establishment or entity is located! $he )hief of )onstabulary4'irector >eneral,
&ntegrated "ational *olice shall promulgate such rules and regulations to carry
out the provisions of this section! Any person who fails to secure the clearance or
permit re1uired 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!
Sec! ?! Repealing )lause! All laws or parts thereof, which are inconsistent
with the provisions of this 'ecree are hereby repealed or modified accordingly!
Sec! @! Effectivity! $his 'ecree shall tae effect upon approval!
'one in the )ity of (anila, this /nd day of (arch, in the year of #ur .ord,
nineteen hundred and seventy-nine!
R=.ES A"' RE>=.A$&#"S $# )ARRA #=$ $HE *R#B&S&#"S #%
SE)$&#" 8 #% *RES&'E"$&A. 'E)REE "#! ,8,/, C"#W" AS $HE A"$&-
%E")&"> .AW!
*ursuant to Section 8 of *residential 'ecree "o! ,8,/, nown as the Anti-
%encing .aw, the following rules and regulations are hereby promulgated to
govern the issuance of clearances4permits to sell used secondhand articles
obtained from an unlicensed dealer or supplier thereof+
&! 'efinition of $erms
,! 0=sed secondhand article0 shall refer to any goods, article, item, ob2ect or
anything of value obtained from an unlicensed dealer or supplier, regardless of
whether the same has actually or in fact been used!
/! 0=nlicensed dealer4supplier0 shall refer to any persons, partnership, firm,
corporation, association or any other entity or establishment not licensed by the
government to engage in the business of dealing in or of supplying the articles
defined in the preceding paragraph!
5! 0Store0, 0establishment0 or 0entity0 shall be construed to include any
individual dealing in the buying and selling used secondhand articles, as defined
in paragraph hereof!
;! 0Duy and Sell0 refer to the transaction whereby one purchases used
secondhand articles for the purpose of resale to third persons!
9! 0Station )ommander0 shall refer to the Station )ommander of the
&ntegrated "ational *olice within the territorial limits of the town or city district
where the store, establishment or entity dealing in the buying and selling of used
secondhand articles is located!
&&! 'uty to *rocure )learance or *ermit
,! "o person shall sell or offer to sell to the public any used secondhand
article as defined herein without first securing a clearance or permit for the
purpose from the proper Station )ommander of the &ntegrated "ational *olice!
/! &f the person seeing the clearance or permit is a partnership, firm,
corporation, or association or group of individuals, the clearance or permit shall
be obtained by or in the name of the president, manager or other responsible
officer-in-charge thereof!
5! &f a store, firm, corporation, partnership, association or other establishment
or entity has a branch or subsidiary and the used secondhand article is ac1uired
by such branch or subsidiary for sale to the public, the said branch or subsidiary
shall secure the re1uired clearance or permit!
;! Any goods, article, item, or ob2ect or anything of value ac1uired from any
source for which no receipt or e1uivalent document evidencing the legality of its
ac1uisition could be presented by the present possessor or holder thereof, or the
covering receipt, or e1uivalent document, of which is fae, falsified or irregularly
obtained, shall be presumed as having been ac1uired from an unlicensed dealer
or supplier and the possessor or holder thereof must secure the re1uired
clearance or permit before the same can be sold or offered for sale to the public!
&&&! *rocedure for *rocurement of )learances or *ermits
,! $he Station )ommanders concerned shall re1uire the owner of a store or
the president, manager or responsible officer-in-charge of a firm, establishment
or other entity located within their respective 2urisdictions and in possession of or
having in stoc used secondhand articles as defined herein, to submit an initial
affidavit within thirty :576 days from receipt of notice for the purpose thereof and
subse1uent affidavits once every fifteen :,96 days within five :96 days after the
period covered, which shall contain+
a! A complete inventory of such articles ac1uired daily from whatever source
and the names and addresses of the persons from whom such articles were
ac1uired!
b! A full list of articles to be sold or offered for sale as well as the place
where the date when the sale or offer for sale shall commence!
c! $he place where the articles are presently deposited or ept in stoc!
$he Station )ommander may, at his discretion when the circumstances of each
case warrant, re1uire that the affidavit submitted be accompanied by other
documents showing proof of legitimacy of the ac1uisition of the articles!
/! A party re1uired to secure a clearance or permit under these rules and
regulations shall file an application therefor with the Station )ommander
concerned! $he application shall state+
a! $he name, address and other pertinent circumstances of the persons, in
case of an individual or, in the case of a firm, corporation, association,
partnership or other entity, the name, address and other pertinent circumstances
of the president, manager or officer-in-charge!
b! $he article to be sold or offered for sale to the public and the name and
address of the unlicensed dealer or supplier from whom such article was
ac1uired!
&n support of the application, there shall be attached to it the corresponding
receipt or other e1uivalent document to show proof of the legitimacy of
ac1uisition of the article!
5! $he Station )ommander shall examine the documents attached to the
application and may re1uire the presentation of other additional documents, if
necessary, to show satisfactory proof of the legitimacy of ac1uisition of the
article, sub2ect to the following conditions+
a! &f the legitimacy of ac1uisition of any article from an unlicensed source
cannot be satisfactorily established by the documents presented, the Station
)ommander shall, upon approval of the &"* Superintendent in the district and at
the expense of the party seeing the clearance4permit, cause the publication of a
notice in a newspaper of general circulation for two :/6 successive days
enumerating therein the articles ac1uired from an unlicensed dealer or supplier,
the names and addresses of the persons from whom they were ac1uired and
shall state that such articles are to be sold or offered for sale to the public at the
address of the store, establishment or other entity seeing the clearance4permit!
&n places where no newspapers are in general circulation, the party seeing the
clearance or permit shall, instead, post a notice daily for one wee on the bulletin
board of the municipal building of the town where the store, firm, establishment
or entity concerned is located or, in the case of an individual, where the articles in
his possession are to be sold or offered for sale!
b! &f after ,9 days, upon expiration of the period of publication or of the notice
referred to in the preceding paragraph, no claim is made with respect to any of
the articles enumerated in the notice, the Station )ommander shall issue the
clearance or permit sought!
c! &f, before expiration of the same period for publication of the notice or its
posting, it shall appear that any of the articles in 1uestion is stolen property, the
Station )ommander shall hold the article in restraint as evidence in any
appropriate case to be filed! Articles held in restraint shall be ept and disposed
of as the circumstances of each case permit, taing into account all
considerations of right and 2ustice in the case! &n any case where any article is
held in restraint, it shall be the duty of the Station )ommander concerned to
advise4notify the )ommission on Audit of the case and comply with such
procedure as may be proper under applicable existing laws, rules and
regulations!
;! $he Station )ommander concerned shall, within seventy-two :?/6 hours
from receipt of the application, act thereon by either issuing the clearance4permit
re1uested or denying the same! 'enial of an application shall be in writing and
shall state in brief the reason4s therefor!
9! $he application, clearance4permit or the denial thereof, including such
other documents as may be pertinent in the implementation of Section 8 of *!'!
"o! ,8,/ shall be in the forms prescribed in Annexes 0A0, 0D0, 0)0, 0'0, and 0E0
hereof, which are made integral parts of these rules and regulations!
8! %or the issuance of clearances4permit re1uired under Section 8 of *!'!
"o! ,8,/, no fee shall be charged!
&B! Appeals
Any party aggrieved by the action taen by the Station )ommander may elevate
the decision taen in the case to the proper &"* 'istrict Superintendent and, if he
is still dissatisfied therewith may tae the same on appeal to the &"* 'irector!
$he decision of the &"* 'irector may also be appealed to the &"* 'irector-
>eneral whose decision may liewise be appealed to the (inister of "ational
'efense! $he decision of the (inister of "ational 'efense on the case shall be
final! $he appeal against the decision taen by a )ommander lower than the &"*
'irector->eneral should be filed to the next higher )ommander within ten :,76
days from receipt of notice of the decision! $he decision of the &"* 'irector-
>eneral should be appealed within fifteen :,96 days from receipt of notice of the
decision!
B! *enalties
,! Any person who fails to secure the clearance or permit re1uired by
Section 8 of *!'! ,8,/ or who violates any of the provisions of these rules and
regulations shall upon conviction be punished as a fence!
/! $he &"* 'irector->eneral shall recommend to the proper authority the
cancellation of the business license of the erring individual, store, establishment
or the entity concerned!
5! Articles obtained from unlicensed sources for sale or offered for sale
without prior compliance with the provisions of Section 8 of *!'! "o! ,8,/ and
with these rules and regulations shall be held in restraint until satisfactory
evidence or legitimacy of ac1uisition has been established!
;! Articles for which no satisfactory evidence of legitimacy of ac1uisition is
established and which are found to be stolen property shall liewise be held
under restraint and shall, furthermore, be sub2ect to confiscation as evidence in
the appropriate case to be filed! &f, upon termination of the case, the same is not
claimed by their legitimate owners, the article4s shall be forfeited in favor of the
government and made sub2ect to disposition as the circumstances warrant in
accordance with applicable existing laws, rules and regulations! $he )ommission
on Audit shall, in all cases, be notified!
9! Any personnel of the &ntegrated "ational *olice found violating the
provisions of Section 8 of *!'! "o! ,8,/ or any of its implementing rules and
regulations or who, in any manner whatsoever, connives with or through his
negligence or inaction maes possible the commission of such violations by any
party re1uired to comply with the law and its implementing rules and regulations,
shall be prosecuted criminally without pre2udice to the imposition of
administrative penalties!
B&! Bisitorial *ower
&t shall be the duty of the owner of the store or of the president, manager or
responsible officer-in-charge of any firm, establishment or other entity or of an
individual having in his premises articles to be sold or offered for sale to the
public to allow the Station )ommander or his authori3ed representative to
exercise visitorial powers! %or this purpose, however, the power to conduct
visitations shall be exercise only during office or business hours and upon
authority in writing from and by the &"* Superintendent in the district and for the
sole purpose of determining whether articles are ept in possession or stoc
contrary to the intents of Section 8 of *!'! "o! ,8,/ and of these rules and
regulations!
B&&! #ther 'uties &mposed =pon Station )ommanders and &"* 'istrict
Superintendent and 'irectors %ollowing Action on Applications for )learances or
*ermits
,! At the end of each month, it shall be the duty of the Station )ommander
concerned to+
a! (ae and maintain a file in his office of all clearances4permit issued by
him!
b! Submit a full report to the &"* 'istrict Superintendent on the number of
applications for clearances or permits processed by his office, indicating therein
the number of clearances4permits issued and the number of applications denied!
$he report shall state the reasons for denial of an application and the
corresponding follow-up actions taen and shall be accompanied by an inventory
of the articles to be sold or offered for sale in his 2urisdiction!
/! $he &"* 'istrict Superintendent shall, on the basis of the reports
submitted by the Station )ommander, in turn submit 1uarterly reports to the
appropriate &"* 'irector containing a consolidation of the information stated in
the reports of Station )ommanders in his 2urisdiction!
5! Reports from &"* 'istrict Superintendent shall serve as basis for a
consolidated report to be submitted semi-annually by &"* 'irectors to the
'irector->eneral, &ntegrated "ational *olice!
;! &n all cases, reports emanating from the different levels of the &ntegrated
"ational *olice shall be accompanied with full and accurate inventories of the
articles ac1uired from unlicensed dealers or suppliers and proposed to be sold or
offered for sale in the 2urisdictions covered by the report!
$hese implementing rules and regulations, having been published in a
newspaper of national circulation, shall tae effect on <une ,9, ,E?E!
%#R $HE )H&E% #% )#"S$AD=.ARA '&RE)$#R->E"ERA., &"*+
II. EXPLANATIONS
. Wha! "# $%&c"&'F
A. 0%encing0 is the act of any person who, with intent to gain for himself or for
another, shall buy, receive, possess, eep, ac1uire, conceal, sell or dispose of, or
shall buy and sell, or in any other manner deal in any article, item, ob2ect or
anything of value which he nows, or should be nown to him, to have been
derived from the proceeds of the crime of robbery or theft! Sec! /
. Wh( )a* +% ,"a+,% $(r !h% a&!"-$%&c"&' ,a-.
A. 0%ence0 includes any person, firm, association, corporation or partnership or
other organi3ation who4which commits the act of fencing! Sec! / b!
. Wh( ar% ,"a+,% "$ !h% #/+0%c! "# a 0/r"1"ca, 2%r#(& 3%.'. C()2a&*,
2ar!&%r#h"2 a&1 a##(c"a!"(&4 /&1%r !h% a&!"- $%&c"&' ,a-.
A. $he president or the manager or any officer thereof who nows or should
have nown the commission of the offense shall be liable!
. Wha! c(&#!"!/!%# a 2r")a $ac"% ca#% $(r !h% cr")% ($ $%&c"&'.
A. (ere possession of any good, article, item, ob2ect, or anything of value which
has been the sub2ect of robbery or thievery shall be prima facie evidence of
fencing! Sec! 9!
. Wh( ar% (+,"'%1 !( #%c/r% a 2r"(r c,%ara&c%52%r)"! !( #%,, #%c(&1 ha&1
ar!"c,%#.
A! All stores, establishments or entities dealing in the buy and sell of any good,
article item, ob2ect of anything of value obtained from an unlicensed dealer or
supplier thereof, shall before offering the same for sale to the public, secure the
necessary clearance or permit from the station commander of the &ntegrated
"ational *olice in the town or city where such store, establishment or entity is
located!
. Wh( +%ar# !h% r%#2(&#"+","!* ($ "##/"&' 2%r)"! (r c,%ara&c% !( #%,,
#%c(&1 ha&1 "!%)#.
A. $he station commander of the &ntegrated "ational *olice in the town or city
where such store, establishment or entity is located!
. Wha! ar% c(&#"1%r%1 a# 6/#%1 #%c(&1ha&1 ar!"c,%7.
A! shall refer to any goods, article, item, ob2ect or anything of value obtained from
an unlicensed dealer or supplier, regardless of whether the same has actually or
in fact been used! Rules and Regulation of *!'! ,8,/
. DEFINE 6UNLICENSED DEALER5SUPPLIER7.
A. Shall refer to any persons, partnership, firm, corporation, association or any
other entity or establishment not licensed by the government to engage in the
business of dealing in or of supplying the articles defined in the preceding
paragraph!
. Ma* a& "&1"8"1/a, %&'a'%1 "& +/*"&' a&1 #%,,"&' ($ #%c(&1 ha&1 "!%)#
+% c(&#"1%r%1 a# 6#!(r%7 /&1%r 21. 1612.
A. Aes! 6Store0, 0establishment0 or 0entity0 shall be construed to include any
individual dealing in the buying and selling used secondhand articles, as defined
in paragraph hereof!
. D%$"&% 6+/* a&1 #%,,7.
A. Shall refer to the transaction whereby one purchases used secondhand
articles for the purpose of resale to third persons!
. D%$"&% 6#!a!"(& c())a&1%r7 /&1%r PD 1612.
A! 0Station )ommander0 shall refer to the Station )ommander of the &ntegrated
"ational *olice within the territorial limits of the town or city district where the
store, establishment or entity dealing in the buying and selling of used
secondhand articles is located!
. I$ !h% a22,"ca&! $(r c,%ara&c% (r 2%r)"! "# a c(r2(ra!"(&, a##(c"a!"(& (r
$"r), /&1%r -h(#% &a)% #ha,, "! +% "##/%1.
A! &f the person seeing the clearance or permit is a partnership, firm,
corporation, or association or group of individuals, the clearance or permit shall
be obtained by or in the name of the president, manager or other responsible
officer-in-charge thereof!
. I$ a #!(r%, $"r), c(r2(ra!"(&, 2ar!&%r#h"2, a##(c"a!"(& (r (!h%r
%#!a+,"#h)%&! (r %&!"!* ha# a +ra&ch (r #/+#"1"ar* a&1 !h% /#%1
#%c(&1ha&1 ar!"c,% "# ac9/"r%1 +* #/ch +ra&ch (r #/+#"1"ar* $(r #a,% !( !h%
2/+,"c, "# !h%r% a &%%1 !( #%c/r% a&(!h%r 2%r)"! (r c,%ara&c% $(r "!# +ra&ch.
A! Aes! Said branch or subsidiary shall secure the re1uired clearance or permit!
&& par! 5
. Wha! ar% !h% 2r(c%1/r%# $(r !h% 2r(c/r%)%&! ($ c,%ara&c%# (r 2%r)"!#.
A. STEP 1 !$he S!a!"(& C())a&1%r# concerned shall re1uire the owner of a
store or the president, manager or responsible officer-in-charge of a firm,
establishment or other entity located within their respective 2urisdictions and in
possession of or having in stoc used secondhand articles as defined herein to
submit+
a! an initial affidavit -"!h"& !h"r!* 3:;4 1a*# from r%c%"2! ($ &(!"c% for
the purpose thereof and
b! subse1uent affidavits (&c% %8%r* $"$!%%& 31<4 1a*# within five :96
days after the period covered, which shall contain+
c! A c()2,%!% "&8%&!(r* ($ #/ch ar!"c,%# ac1uired daily from whatever
#(/rc% and the &a)%# a&1 a11r%##%# of the persons from whom
such articles were ac1uired!
d! A full ,"#! ($ ar!"c,%# to be sold or offered for sale as well as !h%
2,ac% where !h% 1a!% when the sale or offer for sale shall commence!
e! $he 2,ac% where the articles are 2r%#%&!,* 1%2(#"!%1 or ept in
stoc!
STEP 2 - A party re1uired to #%c/r% a c,%ara&c% (r 2%r)"! under these rules
and regulations shall file an a22,"ca!"(& therefor with the Station )ommander
concerned! $he application shall state+
a! $he name, address and other pertinent circumstances of the
persons, in case of an individual or, in the case of a firm, corporation,
association, partnership or other entity, the name, address and other pertinent
circumstances of the president, manager or officer-in-charge!
b! $he article to be sold or offered for sale to the public and the name
and address of the unlicensed dealer or supplier from whom such article was
ac1uired!
c! &n support of the application, there shall be attached to it the
corresponding receipt or other e1uivalent document to show proof of the
legitimacy of ac1uisition of the article!
STEP :- $he Station )ommander shall examine the documents attached to the
application and may re1uire the presentation of other additional documents, if
necessary, to show satisfactory proof of the legitimacy of ac1uisition of the
article, sub2ect to the following conditions+
a! &f the legitimacy of ac1uisition of any article from an unlicensed
source cannot be satisfactorily established by the documents presented, the
Station )ommander shall, upon approval of the &"* Superintendent in the district
and at the expense of the party seeing the clearance4permit, cause the
publication of a notice in a newspaper of general circulation for two :/6
successive days enumerating therein the articles ac1uired from an unlicensed
dealer or supplier, the names and addresses of the persons from whom they
were ac1uired and shall state that such articles are to be sold or offered for sale
to the public at the address of the store, establishment or other entity seeing the
clearance4permit! &n places where no newspapers are in general circulation, the
party seeing the clearance or permit shall, instead, post a notice daily for one
wee on the bulletin board of the municipal building of the town where the store,
firm, establishment or entity concerned is located or, in the case of an individual,
where the articles in his possession are to be sold or offered for sale!
b! &f after ,9 days, upon expiration of the period of publication or of the
notice referred to in the preceding paragraph, no claim is made with respect to
any of the articles enumerated in the notice, the Station )ommander shall issue
the clearance or permit sought!
c! &f, before expiration of the same period for publication of the notice
or its posting, it shall appear that any of the articles in 1uestion is stolen property,
the Station )ommander #ha,, h(,1 !h% ar!"c,% "& r%#!ra"&! a# %8"1%&c% "& a&*
a22r(2r"a!% ca#% !( +% $",%1! Articles held in restraint shall be ept and
disposed of as the circumstances of each case permit, taing into account all
considerations of right and 2ustice in the case! &n any case where any article is
held in restraint, it shall be the duty of the Station )ommander concerned to
advise4notify the )ommission on Audit of the case and comply with such
procedure as may be proper under applicable existing laws, rules and
regulations!
STEP =- $he Station )ommander concerned shall, within seventy-two :?/6
hours from receipt of the application, ac! !h%r%(& +* %"!h%r "##/"&' !h%
c,%ara&c%52%r)"! r%9/%#!%1 (r 1%&*"&' !h% #a)%. 'enial of an application
shall be in writing and shall state in brief the reason4s therefor!
. I& ca#%# -h%r%"& !h% 2%r)"! (r c,%ara&c% "# 1%&"%1 +* !h% #!a!"(&
c())a&1%r -ha! "# !h% r%)%1* a8a",a+,% !( !h% a22,"ca&!.
A! Any party aggrieved by the action taen by the Station )ommander may
elevate the decision taen in the case to the proper INP D"#!r"c! S/2%r"&!%&1%&!
3 &(- !( !h% PD># (r DD>#4 and, if he is still dissatisfied therewith may tae the
same on appeal to the INP D"r%c!(r 3&(- RD>#4 ! $he decision of the &"*
'irector may also be appealed to the &"* 'irector->eneral : &(- Ch"%$,PNP6
whose decision may liewise be appealed to the (inister of "ational 'efense
:&(- DILG S%cr%!ar*6! $he decision of the (inister of "ational 'efense :DILG
S%cr%!ar*6 on the case shall be final! $he appeal against the decision taen by a
)ommander lower than the &"* 'irector->eneral should be filed to the next
higher )ommander within ten :,76 days from receipt of notice of the decision!
$he decision of the &"* 'irector->eneral #h(/,1 +% a22%a,%1 -"!h"& $"$!%%&
31<4 1a*# $r() r%c%"2! ($ &(!"c% ($ !h% 1%c"#"(&
. Wha! "# !h% %?!%&! ($ !h% 8"#"!(r"a, 2(-%r ($ !h% #!a!"(& c())a&1%r.
A! &t shall be the duty of the owner of the store or of the president, manager or
responsible officer-in-charge of any firm, establishment or other entity or of an
individual having in his premises articles to be sold or offered for sale to the
public !( a,,(- !h% S!a!"(& C())a&1%r (r h"# a/!h(r"@%1 r%2r%#%&!a!"8% !(
%?%rc"#% 8"#"!(r"a, 2(-%r#! %or this purpose, however, the power to conduct
visitations shall +% %?%rc"#% (&,* 1/r"&' ($$"c% (r +/#"&%## h(/r# a&1 /2(&
a/!h(r"!* "& -r"!"&' $r() a&1 +* !h% INP S/2%r"&!%&1%&! "& !h% 1"#!r"c! and
for the sole purpose of determining whether articles are ept in possession or
stoc contrary to the intents of Section 8 of *!'! "o! ,8,/ and of these rules and
regulations!
. Wha! ar% (!h%r 1/!"%# ")2(#%1 /2(& !h% #!a!"(& c())a&1%r# a&1
1"#!r"c! 1"r%c!(r# $(,,(-"&' ac!"(& (& a22,"ca!"(&# $(r c,%ara&c%#.
A. ,! At the end of each month, it shall be the duty of the Station )ommander
concerned to+
a! (ae and maintain a $",% in his office of all clearances4permit issued by
him!
b! Submit a full r%2(r! to the &"* 'istrict Superintendent on the number of
applications for clearances or permits processed by his office, indicating therein
the number of clearances4permits issued and the number of applications denied!
$he report shall state the reasons for denial of an application and the
corresponding follow-up actions taen and shall be accompanied by an inventory
of the articles to be sold or offered for sale in his 2urisdiction!
/! $he &"* 'istrict Superintendent shall, on the basis of the reports
submitted by the Station )ommander, in turn submit 1uarterly reports to the
appropriate &"* 'irector containing a consolidation of the information stated in
the reports of Station )ommanders in his 2urisdiction!
5! Reports from &"* 'istrict Superintendent shall serve as basis for a
consolidated report to be submitted semi-annually by &"* 'irectors to the
'irector->eneral, &ntegrated "ational *olice!
;! &n all cases, reports emanating from the different levels of the &ntegrated
"ational *olice shall be accompanied with full and accurate inventories of the
articles ac1uired from unlicensed dealers or suppliers and proposed to be sold or
offered for sale in the 2urisdictions covered by the report!
. Wha! ar% !h% 2%&a,!"%# !( +% ")2(#%1 /&1%r 2.1. 1612.
A. P%&a,!"%# ,! Any person who fails to secure the clearance or permit re1uired
by Section 8 of *!'! ,8,/ or who violates any of the provisions of these rules and
regulations shall upon conviction be punished as a fence!
/! $he &"* 'irector->eneral shall recommend to the proper authority the
cancellation of the business license of the erring individual, store, establishment
or the entity concerned!
5! Articles obtained from unlicensed sources for sale or offered for sale
without prior compliance with the provisions of Section 8 of *!'! "o! ,8,/ and
with these rules and regulations shall be held in restraint until satisfactory
evidence or legitimacy of ac1uisition has been established!
;! Articles for which no satisfactory evidence of legitimacy of ac1uisition is
established and which are found to be stolen property shall liewise be held
under restraint and shall, furthermore, be sub2ect to confiscation as evidence in
the appropriate case to be filed! &f, upon termination of the case, the same is not
claimed by their legitimate owners, the article4s shall be forfeited in favor of the
government and made sub2ect to disposition as the circumstances warrant in
accordance with applicable existing laws, rules and regulations! $he )ommission
on Audit shall, in all cases, be notified!
9! Any personnel of the &ntegrated "ational *olice found violating the
provisions of Section 8 of *!'! "o! ,8,/ or any of its implementing rules and
regulations or who, in any manner whatsoever, connives with or through his
negligence or inaction maes possible the commission of such violations by any
party re1uired to comply with the law and its implementing rules and regulations,
shall be prosecuted criminally without pre2udice to the imposition of
administrative penalties!
III. SAMPLE AFFIDAAIT5FORMSB
INITIAL AFFIDAAIT REUIRED CD P.D. 1612
RE*=D.&) #% $HE *H&.&**&"ES 6
(="&)&*A.&$A #% SA" <=A" (!(!6
AFFIDAAIT
&, <ames 'ean of legal age, )hinese )iti3en, married, with business address at
;E7 )onnecticut St!, >reenhills, San <uan, (etro (anila, after having been sworn in
oath depose and say+
,! $hat & am the registered owner of the SABE #" S=R*.=S SH#* S!#!S!
situated in the abovementioned address;

/! $hat & am engage in the buying and selling second hand goods with the
following inventory and description+
$A*E G=A"$&$A

(onitor, /77 pcs!
)*= 97
ABR ,77
*rinter 57
)omputer $able 9
5! $hat & have ac1uired said goods from HHHHHHHHHHHHHHHH with address
atHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH;
;! $hat & am intending to sell said goods on HHHHHHHHHHHHHHH
atHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH;
9! $hat said goods are now in place at HHHHHHHHHHHHHHHHHH and readily
available for inspection by the Station )ommander pursuant to *!'! ,8,/;
8! $hat & am executing this affidavit to attest to the truthfulness of the foregoing
facts and for the purpose of obtaining the necessary clearance pursuant to *!'! ,8,/!
%=R$HER A%%&A"$ SAAE$H "A=>H$!
<A(ES 'EA"
A%%&A"$
S=DS)R&DE' A"' SW#R" $# before me this HHHday of <uly at
HHHHHHHHHHHHHHH !
"#$ARA *=D.&)
APPLICATION FORM UNDER P.D. 1612
NAME OF APPLICANT +HHHHHHHHHHHHHHHHHHHHHHHHHH
:For Individual6
FOR CORPORATIONS+ HHHHHHHHHHHHHHHHHHHHHHHHHH
: "ame of President or Manager or Officer in Charge6
A''RESS+HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
.ist of Articles to be sold+
Guantity 'escription Source4s
'ealersI "ame
Address
(ar #ne 4 Attached proof of legitimacy of ac1uisition+
#fficial Reciept HHHHH 'eed of 'onation+HHHHHH
Sales &nvoice HHHHH #thers4 Specify HHHHHHHHHHHHHHHHHHHHHHH
'eed of Sale HHHHH HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
)ER$&%&E' )#RRE)$ DA+ HHHHHHHHHHHH'A$E+HHHHHHHHHHHHHHHHHHH
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE ______
_____________________PROVINCIAL POLICE OFFICE
'A$E+HHHHHHHHHHHHHHHHHHHHHHH
DENIAL OF APPLICATION FOR CLEARANCE UNDER PD 1612
$he Application for )learance under *' ,8,/, filed before this office by
HHHHHHHHHHHHHHHHHHHHHH on HHHHHHHHday of HHHHHHHHHHHHHHH /775, is
hereby 'E"&E' due to the following reasons to wit+
HHHHHHH%ailure to present a complete inventory of second hand goods and
source of goods!
HHHHHHH %ailure to attach the re1uired proof of legitimacy of ac1uisition!
HHHHHHH %ailure to cause the publication of a notice in a newspaper of general
circulation for two :/6 successive days enumerating therein the articles ac1uired
from an unlicensed dealer or supplier, the names and addresses of the persons
from whom they were ac1uired and shall state that such articles are to be sold or
offered for sale to the public at the address of the store, establishment or other
entity seeing the clearance4permit !
HHHHHHH$he >oods or articles are included in the list of reported stolen goods!
#ther Reasons for 'E"&A.+HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
HHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHHH
R#A > (#"E'A
*olice Senior &nspector
SAMPLE OF APPEAL FORM
Republic of the Philippines
NATIONAL POLICE COMMISSION
PHILIPPINE NATIONAL POLICE
POLICE REGIONAL OFFICE_________
______________________ PROVINCIAL POLICE OFFICE
RE APPEAL ON THE DECISION OF DENIAL OF CLEARANCE
UNDER PD 1612.
Co!es no"# the un$e%si&ne$ 'ppell'nt unto this Office# %espectfull( !o)es 'n$
p%'( th't the sub*ect +ecision of +ENIAL b( the ___________________ Police Office#
be REVERSE+ AN+ SET ASI+E to the follo"in& %e'sons to "it
,- Th't 'll the %e.ui%e!ents fo% un$e% P+ ,/,0 h's been full( co!plie$1
0- Th't the %e'son fo% the +ENIAL h's beco!e !oot 'n$ 'c'$e!ic "hen the
P%oof of Le&iti!'c( "'s l'te% on p%esente$- Att'che$ he%e"ith is ' cop( of
+ee$ of Absolute s'le 's Anne2 3A4
5- Th't the St'tion Co!!'n$e% F'ile$ to 'pp%eci'te 'll the $ocu!ents "hich
the un$e%si&ne$ h's sub!itte$1
6- Th't the %e.ui%e$ public'tion "'s 'l%e'$( been s'tisfie$- Att'che$ he%e"ith
is the 'ffi$')it of Public'tion 's Anne2 374

Wherefore, premises considered, it is respectfully prayed that the 'E"&A. #%
).EARA")E be set aside and a new clearance be issued in favor of the
=ndersigned!
(anila, (arch ;, ,EEE!
ALE8 T- SANTOS
Appell'nt

IA. FLOW CEART IN TEE ISSUANCE OF CLEARANCE
UNDER PD 1612
FILE APPLICATION FORM
9: AFFI+AVIT
TO THE STATION
COMMAN+ER
EVAL;ATION
7< THE
STATION
COMMAN+ER
+EN<:
GRANT:
RE=- A++TL
+OC;MENT
S
ISS;ANCE
OF PERMIT
OR +ENIAL
OF
CLEARANCE
P;7LICATION IF
NECESSAR<
APPEAL TO
P%o)inci'l
$i%ecto% o%
+ist%ict +i%ecto%
Appe'l to
PNP
Re&ion'l
+i%ecto%
Appe'l to
C# PNP
Appe'l to
+ILG SEC-
>FINAL?
V. JURISPRUDENCE ON ANTI-FENCING LAW
CASE # 1
>!R! "o! ??58@ #ctober 9, ,EE5
TEE PEOPLE OF TEE PEILIPPINES, 2%!"!"(&%r,
8#.
EON. FOSE C. DE GUGMAN, PRESIDING FUDGE OF REGIONAL TRIAL
COURT OF UEGON CITD, CRANCE 9:, AND SPOUSES DANILO A.
ALCANTARA AND ISACELITA ESGUERRA-ALCANTARA, r%#2(&1%&!#.
$he Solicitor >eneral for petitioner!
B&$=>, <!+p
&s the crime of 0fencing0 a continuing offense that could allow the filing of an
information therefor in the place where the robbery or theft is committed and not
necessarily where the property, unlawfully taen is found to have later been
ac1uiredF
$he above 1uery is the sole issue in this *etition for certiorari and mandamus
filed by the *eople of the *hilippines, praying for the reversal, annulment and
setting aside of the #rder of /@ %ebruary ,E@8 , of the respondent <udge, who
has ruled in the negative, as well as his #rder, dated /, (arch ,E@8, / denying
the motion for reconsideration! $he petitioner prays that the respondent <udge be
directed to assume 2urisdiction over, and to proceed with the trial of, the criminal
case!
#n 7E September ,E@9, robbery was committed in Gue3on )ity in the house of
<ose .! #billos, Sr!, where various pieces of precious 2ewelry alleged to be worth
millions of pesos were taen! An information, dated 57 September ,E@9, was
instituted against the perpetrators in the Regional $rial )ourt of Gue3on )ity,
Dranch ,7,, doceted thereat as)riminal )ase "o! >!R! "o! ;/7?@! 5
Subse1uently, an information, dated // #ctober ,E@9, for violation of
*residential 'ecree "o! ,8,/, otherwise nown as the 0Anti-%encing .aw,0 was
also filed with the Regional $rial )ourt of Gue3on )ity, Dranch E5, doceted as
)riminal )ase "o! ;/;55, against herein respondent spouses 'anilo A!
Alcantara and &sabelita Esguerra-Alcantara, from whose possession the 2ewelries
stolen were recovered in Antipolo, Ri3al! ;
$he trial court, acting on the motion to 1uash filed by the accused Jnow private
respondentsK, issued the now 1uestioned order of /@ %ebruary ,E@8, vi3+
Defore the )ourt is a (otion to Guash, filed by the accused thru counsel, praying
that the information filed against both accused be 1uashed, on the ground that
the )ourt has no 2urisdiction to try the offense charged! Among others, the
motion alleges, that as per police investigation, the crime too place in Antipolo,
Ri3al! %or this reason, Biolation of *residential 'ecree "o! ,8,/ is an
independent crime, separate and distinct from that of Robbery! $he accused
claims, liewise, that 2urisdiction to try the same is with the )ourt within which
territorial 2urisdiction, the alleged fencing too place!
$he *rosecution filed an opposition thereto, alleging among others, that there is
nothing in the law which prohibits the filing of a case of fencing in the court under
whose 2urisdiction the principal offense of robbery was committed! $he
prosecution claims further, that the consideration in the enactment of *' ,8,/
was to impose a heavier penalty on persons who profit by the effects of the
crimes robbery or theft!
#n this point, we should not lose sight of the fact that in all criminal prosecutions,
the action shall be instituted and tried in the court of the (unicipality or *rovince
wherein the offense was committed, or anyone of the essential ingredients
thereof too place! 9
Since the alleged act of fencing too place in Antipolo, Ri3al, outside the
territorial 2urisdiction of this )ourt, and considering that all criminal prosecutions
must be instituted and tried in the (unicipality or *rovince where the offense too
place, this )ourt, necessarily, does not have 2urisdiction over the instant case!
Wherefore, the above-entitled case is hereby G=ASHE', without pre2udice to the
filing of the corresponding action against the accused in the )ourt having proper
2urisdiction!
$he private prosecutorLs motion for reconsideration was denied in the courtLs
order of /, (arch ,E@8!
Hence, the instant petition!
$he Solicitor >eneral argues that since an essential element of the crime of
fencing is the commission of robbery, in this case committed in Gue3on )ity, the
information therefor filed in said )ity accords with the provisions of Rule ,,7 of
the ,E@9 Rules on )riminal *rocedure, and the refusal of the )ourt a 1uo to
assume and exercise 2urisdiction thereover constitutes a serious error of law and
a grave abuse of discretion! He theori3es that fencing is a 0continuing offense!0
He explains that the Anti-%encing .aw has been enacted for the purpose of
imposing a heavier penalty on persons who profit from the effects of the crime of
robbery or theft, no longer merely as accessories under Article ,E, paragraph ,,
of the Revised *enal )ode, but as e1ually guilty with the perpetrators of the
robbery or theft itself!
&n *eople vs! .edesma, 8 we said+
! ! ! A 0continuous crime0 is a single crime consisting of a series ofacts arising
from a single criminal resolution or intent not susceptible of division! According to
)uello )alon, when the actor, there being unity of purpose and of right violated,
commits diverse acts each of which, although of a delictual character merely
constitutes a partial execution of a single particular delict, such concurrence of
delictual acts is called a 0delito continuado!0 %or it to exist there should be
plurality of acts performed separately during a period of time; unity of penal
provision infringed upon or violated; unity of criminal intent or purpose, which
means that two or more violations of the same penal provision are united in one
and the same intent leading to the perpetration of the same criminal purpose or
aim!
Robbery is the taing of personal property belonging to another, with intent to
gain, by means of violence against or intimidation of any person, or using force
upon anything! ? 0%encing0, upon the other hand, is the act of any person who,
with intent to gain for himself or for another, shall buy, receive, possess, eep,
ac1uire, conceal, sell or dispose of, or shall buy and sell, or in any other manner
deal in any article, item, ob2ect or anything of value which he nows, or should be
nown to him, to have been derived from the proceeds of the crime of robbery or
theft! @
$he crimes of robbery and fencing are clearly then two distinct offenses! $he law
on fencing does not re1uire the accused to have participated in the criminal
design to commit, or to have been in any wise involved in the commission of, the
crime of robbery or theft! "either is the crime of robbery or theft made to depend
on an act of fencing in order that it can be consummated! $rue, the ob2ect
property in fencing must have been previously taen by means of either robbery
or theft but the place where the robbery or theft occurs is inconse1uential! &t may
not be suggested, for instance, that, in the crime of bigamy which presupposes a
prior subsisting marriage of an accused, the case should thereby be triable
liewise at the place where the prior marriage has been contracted! E
We are not unaware of a number of instances ,7 when the )ourt would allow a
change of venue in criminal cases 0whenever the interest of 2ustice and truth so
demand, and there are serious and weighty reasons to believe that a trial by the
court that originally had 2urisdiction over the case would not result in a fair and
impartial trial and lead to a miscarriage of 2ustice!0 ,, Here, however, we do not
see the attendance of such compelling circumstances, nor are we prepared to
state that the lower court gravely abused its discretion in its 1uestioned orders!
WHERE%#RE, the instant petition for certiorari and mandamus is '&S(&SSE',
and the orders appealed from are hereby A%%&R(E'!
S# #R'ERE'!
%eliciano, Didin, Romero and (elo, <<!, concur!
G.R. N(. 12219< F/,* 2:, 199H
"A$&#"A. *#WER )#R*#RA$&#", petitioner,
vs!
)#=R$ #% A**EA.S and 'E""&S )##, respondents!
(E"'#MA, <!+p
*etitioner sees a review of the decision , of the )ourt of Appeals which affirmed
with modification the decision of the Regional $rial )ourt of Dacolod )ity, Dranch
9,, and the subse1uent resolution which denied petitionerLs motion for
reconsideration!
&t appears that on <uly /5, ,E@;, private respondent 'ennis )oo purchased six
:86 tons of assorted scrap aluminum wires and allied accessories from the "ew
Alloy (etal )ompany in (anila! $he assorted goods were shipped to Dacolod
)ity and were there received by )oo on <uly 57, ,E@;! However, the next day,
<uly 5,, ,E@;, the goods were sei3ed by elements of the 55,st *) from )ooLs
residence and deposited in the *) head1uarters! /
#n August 8, ,E@;, the *) *rovincial )ommander filed a criminal complaint
against )oo for violation of the anti-fencing law! However, the &nvestigating %iscal
dismissed it for insufficiency of evidence! 5 =pon representation of petitioner
"*), the complaint was re-investigated, ; resulting in the filing of an &nformation
before the Regional $rial )ourt of Dacolod )ity, Dranch ;@!
#n August /5, ,E@9, the trial court rendered a decision ac1uitting )oo on the
ground that the wares belonged to him! 9 "otwithstanding this decision,
petitioner got the property from the *) Head1uarters! 8 *rivate respondent wrote
petitioner "*) demanding the return of the wares! Decause of petitionerLs refusal
to return the sub2ect property, private respondent )oo filed a complaint for
replevin against "*) and its officers in the Regional $rial )ourt of Dacolod)ity! ?
After posting a surety bond for *,/7,777!77, )oo was able to obtain possession
of the sei3ed items on August 9, ,E@8! @ After trial, )oo was declared the owner
and possessor of the aluminum wires and allied accessories! E
#n appeal the )ourt of Appeals affirmed the trial courtLs decision with the
modification that Alfredo Ar3aga, <r! and Mosimo Driones, "*)Ls Dranch
(anager and "*)Ls officer-in-charge for "egros #ccidental, respectively, were
absolved from any liability in their personal capacity and the awards of
compensatory and moral damages were deleted! &nstead, "*) was ordered to
pay nominal damages and attorneyLs fees! ,7
"*) moved for reconsideration but its motion was denied! Hence, this petition
for review on certiorari! ,,
*etitioner contends that the )ourt of Appeals erred in relying on the decision in
the criminal case ac1uitting 'ennis )oo for its ruling that the aluminum conductor
wires in 1uestion belonged to him! *etitioner claims that the ac1uittal was based
on reasonable doubt and, therefore, was not conclusive of the ownership of the
goods! #n the other hand, according to petitioner, the following facts support its
claim that the aluminum wires bought by )oo from the "ew Alloy (etal )ompany
were different from those sei3ed by the *) from )oo and delivered to "*)+ ,/
,! $he sales invoice as well as the way bill submitted by private respondent
indicates that the assorted scrap aluminum wires were delivered to private
respondent )ooLs factory while the property sei3ed by the *) was found in )ooLs
residence!
/! $he sales invoice covers only six :86 tons of scrap aluminum wires while
the properly sei3ed by the *) weighs nine :E6 tons!
5! $he sales invoice only states 0aluminum wires,0 while the property sei3ed
from )ooLs residence consisted not only of aluminum wires but included
transmission hardware as well!
;! $he 0fact0 that in the entire *hilippines only petitioner "*) imports and
uses aluminum conductor wires rated ?E9 ()R A)SR and 558 ()R A)SR!
%rom these premises, "*) concludes that the property sei3ed by the *) and
later turned over to it is not the same as that covered by the sales invoice and the
way bill which private respondent presented in court! ,5 $he )ourt of Appeals
thus overlooed or misapprehended the aforesaid material facts! ,;
*etitioner also contends that although it may be argued that private respondent
uses aluminum wires as raw materials in manufacturing itchen utensils, the
business in which he is engaged, he has not explained why he also purchased
transmission line hardware which his business obviously does not need! &t
maintains that the aluminum conductor wires and handware were pilfered from its
transmission towers which had been blown down! ,9
*rivate respondent denies petitionerLs allegations and argues that the issues
raised by the petitioners are factual and insubstantial!
We find the petition to be without merit!
%irst! &t should be pointed out that the petitioner does not dispute the
value of the invoice and way bill either here or in the court below! "either does it
1uestion their genuineness! What it 1uestions is whether the property sub2ect of
the case is the same property covered by the said documents!
*etitioner calls attention to the fact that the goods covered by the documents
were delivered to private respondentLs warehouse, whereas the goods sei3ed by
the *) were taen from his residence! ,8 $his has, however, already been
explained by )oo during cross-examination ,? at the trial of the case+ $he goods
were moved to his residence because the warehouse had already become
overcrowded! &n addition, petitioner points out that the documents only cover six
:86 tons of scrap aluminum, while what was sei3ed weighed nine :E6 tons! ,@
&n his )omment, private respondent )oo points out that the receipt issued by the
*) raiding team listed the items sei3ed from )oo a five :96 tons of assorted
aluminum conductor wires! ,E
&ndeed, the affidavit /7 of a member of the *) raiding team, which is appended
to the private respondentLs Re2oinder in this case, states that the property sei3ed
weighed 0about 9 tons!0 $his has not been denied by petitioner! (oreover, it is
important to note that in the stipulation of facts, both the petitioner and private
respondent agreed that the very same property sub2ect of the criminal case is the
property sub2ect of the present civil case, without reference to its weight! /, $he
records do not in fact show that this 1uestion was ever raised in the court below!
&t was only in the petitionerLs Appellants-Drief // in the )ourt of Appeals where
such a 1uestion was raised! )learly, the records do not support the claim that the
property sei3ed from private respondentLs residence weight nine :E6 tons! /5
*etitioner maes much of the fact that the documents state 0scrap aluminum0
while the property sei3ed consisted of 0aluminum conductor wires and
transmission hardware!0 /; $hus, the invoice and way bill show that they cover
0Scrap asst! alum! wire0 40Assorted Scrap alum! wires!0 /9 $he word 0scrapL is
define as 0manufactured articles or parts re2ected for imperfection or discarded
because of excessive wear or lac of demand and useful only as raw material for
reprocessing!0 /8 $he term is broad enough to cover different types of property
as long as they are re2ected or discarded and useful only as raw material for
reprocessing! &ndeed, the petitionerLs own witness, Rolando Dulfa, a property
custodian of petitioner, described the property turned over by the *) to *") as
0all already broen!0 /? $hus, the fact that the documents describe the property a
0scrap0 is consistent with the description given by petitionerLs own witness! &t is of
no moment that the sei3ed property consisted of aluminum wires and
transmission hardware! What is important is the condition of the materials, that is,
all broen up and hence useful only as raw material for reprocessing!
&t should also be pointed out that it is common practice for scrap material to be
sold and bought by lot! $hey are not normally bought sorted out! Hence, it is
1uite possible that transmission hardware formed part of the property sold to
private respondent )oo! &t is not surprising that aluminum conductor wires are
attached to such hardware! As for the fact that the documents refer specifically to
said wires and not the hardware, it is understandable since the wires were the
ones private respondent )oo primarily wanted to buy form the establishment!
.astly, petitioner points out that if )oo claims the property to be needed as raw
material in the manufacture of itchen utensils, it cannot be argued that
transmission hardware would also be needed! /@
$his is mere opinion! (oreover, as already pointed out, it is a practice that scrap
material is bought by lot! Hence, assuming petitioner is correct that transmission
hardware is not needed in private respondentLs business, the fact that such type
of ware is found with the aluminum scrap wires sei3ed from private respondentLs
residence is not enough to find that the sub2ect property belonged to it and not to
private respondent!
As a general rule, findings of fact of the )ourt of Appeals are binding and
conclusive upon the Supreme )ourt, and the )ourt will not normally disturb such
factual unless the findings of the court are palpably unsupported by the evidence
on record or unless the 2udgment itself is based on a misapprehension of facts!
/E
$he present case not falling under the exceptions, the general rule applies!
*etitioner claims to be the only entity in the *hilippines that imports and uses
aluminum conductor wires such as those sub2ect of the presentcontroversy, 57
and that the purchase price for the aluminum wires indicated in the invoice
presented by private respondent )oo was only *9!77 per ilo when the going
price for aluminum scrap during ,E@; was already *,E!77 a ilo!
$hese are mere allegations of witnesses who are not experts! $hey are not
supported by any evidence! $he witnesses cannot even state with certainty that
the property belongs to "*)! All they can say that the sub2ect property is similar
to that used by petitioner "*) in its power transmission lines!
Anent the claim that "*) has exclusive access to the type of aluminum wires
sub2ect of the case, the )ourt of Appeals found that the petitioner conducts public
biddings, 5, thus implying that petitioner does not have exclusive access to the
material in 1uestion!
$he trial court correctly found that private respondent )oo had proven by a
preponderance of evidence that he and not petitioner "*) is entitled to the
possession of the sub2ect property! &t pointed out that while private respondent
had consistently presented his documentary evidence showing his purchase of
the property and its delivery to his residence, petitioner merely relied on mere
opinions and assumptions unsupported by any concrete evidence! &t correctly
observed that while there may be no denying the fact that the petitioner may be
using a similar type of hardware as that involved in the present case, no iota of
evidence was ever presented to show that the particular items involved in the
case belong to it! 5/
As against documents presented by the private respondent and the 2udgment in
the criminal case ac1uitting him, the petitioner presented only its employees
whose testimonies consisted merely of assumptions and opinions!
Dy preponderance of evidence is meant simply evidence which is of greater
weight, or more convincing than that which is offered in opposition to it! 55
)learly, private respondent )oo has provided evidence of greater weight than the
petitioner relevant to the determination of who is entitled to the possession of the
sub2ect property!
At any rate, in a case for replevin, it is sufficient that the plaintiff prove entitlement
to legal possession! &t is not necessary to prove ownership!
&t is worth stressing at this point, that a suit for replevin is founded solely on the
claim that the defendant wrongfully withholds the property sought to be
recovered! &t lies to recover possession of personal chattels that are unlawfully
detained! 0$o detain0 is defined as to mean 0to hold or eep in custody,0 and it
has been held that there is tortious taing whenever there is an unlawful
meddling with the property, or an exercise or claim of dominion over it, without
any pretense of authority or right; this, without manual sei3ing of the property is
sufficient! =nder the Rules of )ourt, it is indispensable in replevin proceeding
that the plaintiff must show by his own affidavit that he is entitled to the
possession of property, that the property is wrongfully detained by the defendant,
alleging the cause of detention, that the same has not been taen for tax
assessment, or sei3ed under execution, or attachment, or if so sei3ed, that it is
exempt from such sei3ure, and the actual value of the property! 5;
A perusal of the way bill shows that the consignee is private respondent! Hence,
it is sufficient to support the claim that private respondent is entitled to a writ of
replevin! &t is evidence that he is entitled to the possession of the property sub2ect
of this case!
Anent the re1uirement that the personal property be unlawfully detained by
another not entitled to its possession, it is to be remembered that petitioner "*)
was the complainant in the criminal case against private respondent and, as
such, new of the decision in the case! As a conse1uence of the said decision,
private respondent )oo should have been given possession of the sub2ect
property! 59 However, petitioner "*) refused to relin1uish possession of the
same even after the decision in the criminal case declaring )oo to be the owner
of the goods! &t is thus wrongfully withholding possession of the property, thus
entitling private respondent to the writ of replevin!
Second! $he petitioner also assigns as error respondent )ourt of AppealsL
order to pay respondent )oo nominal damages and attorneyLs fees! *etitioner
contends that it cannot be held liable for damages because the law re1uires that
one be in2ure by a wrongful act or omission of another in order to be entitled to
compensation! &t argues that it was not guilty of any wrongful act but that it was
merely exercising its legal right when it recovered possession of the aluminum
wires and the hardware! At any rate, it is claimed, petitioner acted in good faith
when it refused to release the said property! 58
As already discussed, after private respondent )oo had shown that he was
entitled to possession of the property, it became the duty of petitioner to yield
possession of the goods! Article ///, of the )ivil )ode provides+
Art! ///,! "ominal damages are ad2udicated in order that a right of the
plaintiff, which has been violated or invaded by the defendant, may be vindicated
or recogni3ed, and not for the purpose of indemnifying the plaintiff for any loss
suffered by him!
Dased on this provision petitioner is liable to private respondent for nominal
damages!
"or did the )ourt of Appeals err in awarding attorneyLs fees to private
respondent, considering that petitionerLs refusal to return the property compelled
private respondent to incur expenses to protect his interest! 5? (oreover,
petitioner acted in gross and evident bad faith in refusing to satisfy private
respondentLs plainly valid, 2ust, and demandable claim! 5@
&n view of the foregoing ruling, the contention that the )ourt of Appeals erred in
not awarding expenses of litigation and attorneyLs fees in favor of petitioner "*)
is clearly without merit! 5E
WHERE%#RE, the decision dated (arch /@, ,EE9 and the resolution dated
September /E, ,EE9 of the )ourt of Appeals are A%%&R(E'!
S# #R'ERE'!
Regalado, (elo, *uno and (artine3, <<!, concur!