2016 (Criminal Law) Bar Exam Questions: Question 6

[Answer/discuss the question below, or see 2016 bar exam Criminal Law Instructions; 2016 Mercantile Law questions: 1234578910111213141516171819 and 20; See also 2016 Bar Exam: Information, Discussions, Tips, Questions and Results]

-VI-

Ofelia, engaged in the purchase and sale ofjewelry, was charged with violation of PD 1612, otherwise known as the Anti-Fencing Law, for having been found in possession of recently stolen jewelry valued at P100,000.00 at her jewelry shop. Her defense is that she merely bought the same from Antonia and produced a receipt covering the sale. She presented other receipts given to her by Antonia representing previous transactions. Convicted of the charge, Ofelia appealed, arguing that her acquisition of the jewelries resulted from a legal transaction and that the prosecution failed to prove that she knew or should have known that the pieces of jewelry which she bought from Antonia were proceeds of the crime of theft.

[a] What is a “fence” under PD 1612? (2.5%)

[b] Is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%)

2 comments

  1. fence act of selling or buying goods which were derived from the proceeds of the crime of theft or robbery.

    not liable because, there was no conviction of the crime of theft or robbery for the alleged stolen jewelries.

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  2. (a) “Fence” includes any person, firm, association corporation or partnership or other organization who/which commits the act of fencing.

    (b) Yes, under section 6 of PD 1612, all stores, establishments or entities dealing in the buy and sell of any good, article item, object of anything of value obtained from an unlicensed dealer or supplier shall secure the necessary clearance or permit from the station commander of the Integrated National Police in the town or city where such store, establishment or entity is located before offering the same for sale to the public. In this case, Ofelia failed to obtain a clearance for the public sale of the said jewelry. Therefore, is convicted to be punished as a fence.

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