Philippine Bar review · Question

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

Multiple Choice Hard

Practice question

A receiver knowingly keeps goods proved stolen, intending profitable disposal for another. All remaining fencing elements are proved, but police recover the goods before resale. Which defense fails?
  1. A challenge to the identity of the goods if identification were genuinely unproved.
  2. The claim that a completed resale is indispensable despite the proved prohibited keeping.
  3. A challenge to proof of the predicate theft if it were genuinely absent.
  4. A challenge to the required mental element if genuinely unsupported.
  5. A challenge to intent to gain if genuinely unproved.

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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