Dear PAO,

Someone is selling me a motorcycle for a much lower price than its suggested retail price (SRP), and it occurred to me that because of the low price of the motorcycle, it might have been stolen. Will I be violating the law if it turns out that the motorcycle was indeed stolen and I bought it?

Hector

Dear Hector,

Please be informed of Section 2 of Presidential Decree 1612, otherwise known as Anti-Fencing Law, which states that:

“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.”

Based on the above-stated law, the act of acquiring, receiving, buying, selling, or assisting in the sale of stolen property is considered as fencing. It is committed when the act involves knowingly dealing with stolen goods.

In the case of Estrella vs. People (GR 212942, June 17, 2020), the Supreme Court, through Associate Justice Henri Jean Paul Inting, discussed the elements of Fencing, to wit –

“The law on Fencing does not require 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. The essential elements of the offense are:

1. A crime of robbery or theft has been committed;

“2. The accused, who is not a principal or accomplice in the commission of the crime of robbery or theft, buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article, item, object or anything of value, which has been derived from the proceeds of the said crime;

“3. The accused knows or should have known that the said article, item, object or anything of value has been derived from the proceeds of the crime of robbery or theft; and

“4. There is on the part of the accused intent to gain for himself or for another.”

In your situation, you already said that the sale of the motorcycle is suspicious due to its low pricing. As a result, if it is discovered that the motorcycle was indeed stolen, you may be charged with violation of the Anti-Fencing Law.

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]