Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A manager receives stolen computers for corporate resale. Obvious erased serial labels, an implausible seller story and other proved circumstances establish that the manager should have known their source, although no confession of actual knowledge exists. All other elements are established. Which is correct?
  1. The statutory should-have-known alternative must be considered; absence of a confession is not decisive.
  2. Actual knowledge can only be proved by confession.
  3. Constructive knowledge is excluded from Section 4.
  4. Erased labels establish absolute innocence.
  5. Every suspicious transaction is automatically guilt without evaluating the elements.

Legal references

  • PD 1612, Sections 2 and 4, acts of fencing and responsible officers of juridical persons: https://lawphil.net/statutes/presdecs/pd1979/pd_1612_1979.html

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