Jaime Ong vs. People Summary

JAIME ONG y ONG, Petitioner, vs. PEOPLE OF THE PHILIPPINES, Respondent.

G.R. No. 190475 | 2013-04-10

P.D. No. 1612, Anti-Fencing Law, fencing is malum prohibitum law creates a prima facie presumption of fencing from evidence of possession by the accused of any good, article, item, object or anything of value which has been the subject of robbery or thef
P.D. No. 1612, Anti-Fencing Law, accused knew or should have known that the said article, item, object has been derived from the proceeds of the crime of robbery or theft
P.D. No. 1612, Anti-Fencing Law, Obligation of stores dealing with an unlicensed dealer or supplier to secure the necessary clearance or permit from the police station commander
P.D. No. 1612, Anti-Fencing Law, issuance of a sales invoice or receipt is proof of a legitimate transaction and may be raised as a (disputable) defense to overcome presumption based on possession of stolen goods

FIRST DIVISION

DECISION

SERENO, CJ:

Before the Court is an appeal from the Decision¹ dated 18 August 2009 of the Court of Appeals (CA), which affirmed the Decision2 dated 06 January 2006 of the Regional Trial Court (RTC), Branch 37, Manila. The RTC had convicted accused Jaime Ong y Ong (Ong) of the crime of violation of Presidential Decree No. (P.D.) 1612, otherwise known as. the Anti-Fencing Law.

Ong was charged in an Information³ dated 25 May 1995 as follows:

That on or about February 17, 1995, in the City of Manila, Philippines, the said accused, with intent of gain...