Crime of fencing; elements explained - G.R. No. 181184

G.R. No. 181184

"x x x.


The Ruling of the Court

The elements of “fencing” are 1) a robbery or theft has been committed; 2) the accused, who took no part in the robbery or theft, “buys, receives, possesses, keeps, acquires, conceals, sells or disposes, or buys and sells, or in any manner deals in any article or object taken” during that robbery or theft; (3) the accused knows or should have known that the thing derived from that crime; and (4) he intends by the deal he makes to gain for himself or for another.[3]

Here, someone carnapped Mantequilla’s Nissan Safari on May 25, 1998. Two years later in December 2000, Dimat sold it to Delgado for P850,000.00. Dimat’s defense is that the Nissan Safari he bought from Tolentino and later sold to Delgado had engine number TD42-126134 and chassis number CRGY60-YO3553 as evidenced by the deeds of sale covering those transactions. The Nissan Safari stolen from Mantequilla, on the other hand, had engine number TD42-119136 and chassis number CRGY60-YO3111.

But Dimat’s defense is flawed. First, the Nissan Safari Delgado bought from him, when stopped on the road and inspected by the police, turned out to have the engine and chassis numbers of the Nissan Safari stolen from Mantequilla. This means that the deeds of sale did not reflect the correct numbers of the vehicle’s engine and chassis.

Second. Dimat claims lack of criminal intent as his main defense. But Presidential Decree 1612 is a special law and, therefore, its violation is regarded as malum prohibitum, requiring no proof of criminal intent.[4] Of course, the prosecution must still prove that Dimat knew or should have known that the Nissan Safari he acquired and later sold to Delgado was derived from theft or robbery and that he intended to obtain some gain out of his acts.

Dimat testified that he met Tolentino at the Holiday Inn Casino where the latter gave the Nissan Safari to him as collateral for a loan. Tolentino supposedly showed him the old certificate of registration and official receipt of the vehicle and even promised to give him a new certificate of registration and official receipt already in his name. But Tolentino reneged on this promise. Dimat insists that Tolentino’s failure to deliver the documents should not prejudice him in any way. Delgado himself could not produce any certificate of registration or official receipt.

Based on the above, evidently, Dimat knew that the Nissan Safari he bought was not properly documented. He said that Tolentino showed him its old certificate of registration and official receipt. But this certainly could not be true because, the vehicle having been carnapped, Tolentino had no documents to show. That Tolentino was unable to make good on his promise to produce new documents undoubtedly confirmed to Dimat that the Nissan Safari came from an illicit source. Still, Dimat sold the same to Sonia Delgado who apparently made no effort to check the papers covering her purchase. That she might herself be liable for fencing is of no moment since she did not stand accused in the case.

x x x."