Batas / Criminal Law
Updated 30th January 2026
Anti-Fencing Law of 1979


ANTI-FENCING LAW OF 1979

P.D. No. 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 known 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, it is imperative to impose heavy penalties on persons who profit by the effects of the crimes of robbery and theft;

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land the following:

SECTION 1. Title. — This decree shall be known as the "Anti-Fencing Law."

SEC. 2. Definition of Terms. — The following terms shall mean as follows:

  1. "Fencing" is the act of any person who, with intent to gain for himself or for another, shall buy, receive, possess, keep, acquire, conceal, sell or dispose of, or shall buy and sell, or in any other manner deal in any article, item, object or anything of value which he knows, or should be known to him, to have been derived from the proceeds of the crime of robbery or theft.
  2. "Fence" includes any person, firm, association, corporation or partnership or other organization who/which commits the act of fencing.

SEC. 3. Penalties. — Any person guilty of fencing shall be punished as hereunder indicated:

  1. The penalty of prisión mayor, if the value of the property involved is more than P12,000 pesos but not exceeding P22,000 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 P10,000 pesos, but the total penalty which may be imposed shall not exceed twenty years. In such cases, the penalty shall be termed reclusión temporal and the accessory penalty pertaining thereto provided in the Revised Penal Code shall also be imposed.
  2. The penalty of prisión correccional in its medium and maximum periods, if the value of the property robbed or stolen is more than P6,000 pesos but not exceeding P12,000 pesos.
  3. The penalty of prisión correccional in its minimum and medium periods, if the value of the property involved is more than P200 pesos but not exceeding P6,000 pesos.
  4. The penalty of arresto mayor in its medium period to prisión correccional in its minimum period, if the value of property involved is over P50 pesos but not exceeding P200 pesos.
  5. The penalty of arresto mayor in its medium period if such value is over five (5) pesos but not exceeding P50 pesos.
  6. The penalty of arresto mayor in its minimum period, if such value does not exceed P5 pesos.

SEC. 4. Liability of Officials of Juridical Persons. — If the fence is a partnership, firm, corporation or association, the president or the manager or any officer thereof who knows or should have known the commission of the offense shall be liable.

SEC. 5. Presumption of Fencing. — Mere possession of any goods, article, item, object, or anything of value which has been the subject of robbery or thievery shall be prima facie evidence of fencing.

SEC. 6. Clearance/Permit to Sell/Used 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 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 in the town or city where such store, establishment or entity is located. The Chief of Constabulary/Director General, Integrated 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 or who violates any of the provisions of the rules and regulations promulgated thereunder shall upon conviction be punished as fence.

SEC. 7. Repealing Clause. — All laws or parts thereof, which are inconsistent with the provisions of this Decree are hereby repealed or modified accordingly.

SEC. 8. Effectivity. — This Decree shall take effect upon approval.

Done in the City of Manila, this 2nd day of March, in the year of Our Lord, nineteen hundred and seventy-nine.

NOTE: The Integrated National Police is now the Philippine National Police (PNP); the Philippine Constabulary is now merged with the PNP; and the Director General, Integrated National Police is now the Chief, PNP.