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Juanito Lim vs. Court of Appeals

JUANITO LIM, petitioner, vs. THE COURT OF APPEALS, THE PEOPLE OF THE PHILIPPINES, respondents.

G.R. No. 100311 | 1993-05-18

D E C I S I O N

MELO, J.:

What makes the case at bar an interesting subject for study is the dearth of jurisprudence involving violation of the Anti-Fencing Law of 1979 or Presidential Decree No. 1612.

Inasmuch as the appellant below was not able to overthrow the presumption of fencing embodied under Section 5 of the law in point, his conviction for the misdeed, as rendered by the trial court, was affirmed by respondent Court of Appeals, through Justice Gloria Paras with whom Justices Elbinias and Abad Santos, Jr. concurred (p. 27, Rollo).

Hence, the petition before us which revolves on the ensuing backdrop culled from the text of the decision...