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ANTI-FENCING LAW OF 1979 Part7

This document outlines rules and regulations for Presidential Decree 1612, also known as the Anti-Fencing Law of 1979. It details the appeals process for decisions made under the law, allowing aggrieved parties to appeal an initial decision up through the Minister of National Defense. It also outlines penalties for violating the law, including punishment as a fence, cancellation of business licenses, restraint of unlicensed goods, and criminal prosecution of violating police personnel.

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May Anne Lopez Sy
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41 views2 pages

ANTI-FENCING LAW OF 1979 Part7

This document outlines rules and regulations for Presidential Decree 1612, also known as the Anti-Fencing Law of 1979. It details the appeals process for decisions made under the law, allowing aggrieved parties to appeal an initial decision up through the Minister of National Defense. It also outlines penalties for violating the law, including punishment as a fence, cancellation of business licenses, restraint of unlicensed goods, and criminal prosecution of violating police personnel.

Uploaded by

May Anne Lopez Sy
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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MALACAÑANG

M a n i l a

PRESIDENTIAL DECREE No. 1612

ANTI-FENCING LAW OF 1979


RULES AND REGULATIONS TO CARRY OUT THE PROVISIONS OF SECTION 6 OF
PRESIDENTIAL DECREE NO. 1612, KNOWN AS THE ANTI-FENCING LAW.

IV. Appeals

Any party aggrieved by the action taken by the Station Commander may elevate the
decision taken in the case to the proper INP District Superintendent and, if he is still
dissatisfied therewith may take the same on appeal to the INP Director. The decision
of the INP Director may also be appealed to the INP Director-General whose decision
may likewise be appealed to the Minister of National Defense. The decision of the
Minister of National Defense on the case shall be final. The appeal against the
decision taken by a Commander lower than the INP Director-General should be filed
to the next higher Commander within ten (10) days from receipt of notice of the
decision. The decision of the INP Director-General should be appealed within fifteen
(15) days from receipt of notice of the decision.

V. Penalties

1. Any person who fails to secure the clearance or permit required by Section 6 of
P.D. 1612 or who violates any of the provisions of these rules and regulations shall
upon conviction be punished as a fence.

2. The INP Director-General shall recommend to the proper authority the cancellation
of the business license of the erring individual, store, establishment or the entity
concerned.

3. Articles obtained from unlicensed sources for sale or offered for sale without prior
compliance with the provisions of Section 6 of P.D. No. 1612 and with these rules and
regulations shall be held in restraint until satisfactory evidence or legitimacy of
acquisition has been established.

4. Articles for which no satisfactory evidence of legitimacy of acquisition is


established and which are found to be stolen property shall likewise be held under
restraint and shall, furthermore, be subject to confiscation as evidence in the
appropriate case to be filed. If, upon termination of the case, the same is not claimed
by their legitimate owners, the article/s shall be forfeited in favor of the government
and made subject to disposition as the circumstances warrant in accordance with
applicable existing laws, rules and regulations. The Commission on Audit shall, in all
cases, be notified.

5. Any personnel of the Integrated National Police found violating the provisions of
Section 6 of P.D. No. 1612 or any of its implementing rules and regulations or who, in
any manner whatsoever, connives with or through his negligence or inaction makes
possible the commission of such violations by any party required to comply with the
law and its implementing rules and regulations, shall be prosecuted criminally without
prejudice to the imposition of administrative penalties.

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