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Philippine Bar review · Question

Practice question: Anti-Fencing Law of 1979 (PD 1612)

Multiple Choice Hard

Practice question

A junk-shop operator buys identifiable stolen parts for resale from an unlicensed supplier under circumstances that would warn a reasonably prudent buyer of their illegal source. The prosecution proves the predicate theft, identity of the parts, the operator's receipt and intent to gain, and that he was not a principal or accomplice in the theft. He claims only that nobody expressly told him the parts were stolen. Which is correct?
  1. The lack of an express warning automatically requires acquittal.
  2. The court must assess whether he should have known the criminal source; express admission of knowledge is unnecessary.
  3. The court must ignore all surrounding circumstances.
  4. Any resale business is immune from PD 1612.
  5. Only a completed profitable resale can establish intent to gain.

Legal references

  • https://lawphil.net/statutes/presdecs/pd1979/pd_1612_1979.html — Section 2(a).
  • https://lawphil.net/judjuris/juri2022/jan2022/gr_241837_2022.html — Masil v. People, G.R. 241837, January 5, 2022, Court resolution.

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