Fencing, under Presidential Decree No. 1612, is the act of buying, selling, possessing, or dealing in any article that a person knows, or should know, to be the proceeds of robbery or theft, with intent to gain. It is a separate crime from the theft itself. A powerful rule aids prosecution: mere possession of any article of value that has been the subject of robbery or theft is prima facie evidence of fencing. Dealers in second-hand goods must secure clearances, and a buyer of suspiciously cheap goods with no papers risks prosecution.
“I didn’t steal it, I just bought it cheap” is not the defense people think it is. Under the Anti-Fencing Law (Presidential Decree No. 1612), knowingly dealing in stolen goods is its own crime — and a legal presumption makes it dangerous to possess them at all.
What Fencing Is
A fence is any person who, with intent to gain, buys, receives, possesses, keeps, acquires, conceals, sells, or disposes of, or in any manner deals in, an article or item that they know, or should be known to them, to be the proceeds of robbery or theft. Fencing is a separate offense from the robbery or theft — the thief commits theft; the person who then buys or sells the loot commits fencing.
The Elements
- A robbery or theft has been committed;
- The accused, who is not a principal or accomplice in that robbery or theft, deals in the item (buys, possesses, sells, etc.);
- The accused knows or should have known the item was the proceeds of robbery or theft; and
- There is intent to gain.
The Powerful Presumption
Here is what makes fencing cases formidable for the accused: PD 1612 provides that mere possession of any good or article of value which has been the subject of robbery or theft is prima facie evidence of fencing. In practice, once the prosecution shows the item was stolen and the accused possessed it, a presumption of fencing arises, and the burden effectively shifts to the accused to explain their possession convincingly — a legitimate purchase, papers, a receipt, a credible source. A weak or suspicious explanation will not overcome it.
The Clearance Requirement for Dealers
To protect legitimate commerce, the law requires stores and establishments dealing in the purchase and sale of second-hand articles to secure a clearance or permit from the station commander of the PNP, verifying that the items were not stolen. A dealer who trades without this clearance, in items later shown to be stolen, is squarely exposed.
Why Buyers Should Be Careful
The recurring victims of the presumption are ordinary buyers of suspiciously cheap phones, laptops, motorcycles, and tools sold without receipts or papers. If the item turns out to be stolen, the buyer’s possession alone can trigger a fencing charge, and “I got a great deal” reads as “I should have known.” The safe practice is to demand proof of ownership and a receipt, deal with reputable sellers, and be wary of prices that are too good to be true.
Practical Advice
- Keep receipts and proof of source for valuable second-hand purchases — they are your defense to the presumption.
- Dealers in second-hand goods should secure the required PNP clearance and keep records.
- If accused, your explanation of how you came to possess the item is the crux — assemble the documentary proof and get counsel.
Frequently Asked Questions
What is fencing? Buying, selling, possessing, or otherwise dealing in, with intent to gain, an article one knows or should know to be the proceeds of robbery or theft. It is a separate crime from the theft itself, under PD 1612.
Can I be charged just for possessing stolen goods? Yes. Mere possession of an article that was the subject of robbery or theft is prima facie evidence of fencing, so possession alone can trigger a charge, and you must credibly explain how you came to have it.
How do I protect myself when buying second-hand goods? Demand proof of ownership and a receipt, deal with reputable sellers, and avoid prices that are too good to be true. Keeping records of the purchase is your defense to the presumption.
Do second-hand dealers need a permit? Yes. Establishments dealing in second-hand articles must secure a clearance or permit from the PNP verifying the items were not stolen. Trading without it, in stolen items, creates liability.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you are accused of fencing or unknowingly bought stolen goods, your explanation and papers are decisive, and our firm can help. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.