The Crime of Cattle Rustling

For the information of the readers, we have a law penalizing the cattle rustling.  This law is known as Presidential Decree Number 533 or otherwise known as the Anti-Cattle Rustling Law of 1974.

Photo courtesy of bing images.
Based on the said law, cattle rustling is defined as the taking away by any means, methods or scheme, WITHOUT THE CONSENT of the owner/raiser, of any of the animals considered as large cattle whether or not for profit or gain, or whether committed with or without violence against or intimidation of any person or force upon things.  It includes the killing of large cattle, or taking its meat or hides without the consent of the owner/raiser.

Thus if the taking away or the killing of any of the large cattle is with the consent of the owner/raiser, there is no cattle rustling to speak of.

As provided in this law, large cattle shall include the COW, CARABAO, HORSE, MULE, ASS, or other domesticated member of the bovine family.

What is the duty of the owner/raiser of any of the mentioned large cattle?

The owner/raiser of the any of the mentioned large cattle shall, before the large cattle belonging to him shall attain the age of six months, register the same with the office of the city or municipality concerned which may impose and collect the fees, authorized by existing laws for such registration and issue a certificate of ownership to the owner/raiser.

What shall any person, partnership, association or corporation or entity engaged in the business of the buy and sell of large cattle do?

Before any person, partnership, association or corporation or entity engages in the business of the buy and sell of large cattle, he/she/it shall secure a permit for the said purpose from the Provincial Commander of the province where it shall conduct such business and the city/municipality treasurer of the place of residence of such person, partnership, association, corporation or entity.  The permit shall only be valid in such province.

What is needed before shipment of large cattle is done?

Any person, partnership, association or corporation or entity desiring to ship or transport large cattle, its hides, or meat, from one province to another shall secure a permit for such purpose from the Provincial Commander of the province where the large cattle is registered.  Before issuance of the permit herein prescribed, the Provincial Commander shall require the submission of the certificate of ownership of the large cattle, a certification from the Provincial Veterinarian to the effect that large cattle, hides or meat are free from any disease; and such other document or records as may be necessary.  

Shipment of large cattle, its hides or meat from one city/municipality to another within the same province may be done upon securing permit from the city/municipality of the place of origin.

"Every person having in his possession, control or custody of large cattle shall, upon demand by competent authorities, exhibit the documents prescribed in this law.  Failure to exhibit the required documents shall be prima facie evidence that the large cattle in his possession, control or custody are the fruits of the crime of cattle rustling."

Prima facie evidence refers to the fact presumed to be true unless otherwise disproved.  So it is presumed that the cattle rustling is committed by the person having possession, control or custody of large cattle failing to exhibit any document prescribed in the law to the competent authorities.

What are the penalties imposable for the commission of the crime of cattle rustling?

Any person convicted of cattle rustling, irrespective of the value of the large cattle involved, be punished by prision mayor in its maximum period to reclusion temporal in its medium period if the offense is committed WITHOUT violence against or intimidation of persons or force upon things.

If the offense is committed WITH violence against or intimidation of persons of force upon things, the penalty of reclusion temporal in its maximum period to reclusion perpetua shall be imposed.

If a person is seriously injured or killed as a result or on the occasion of the commission of cattle rustling, the penalty of reclusion perpetua to death shall be imposed.

When the offender is a government official or employee, he shall, in addition to the foregoing penalty, be DISQUALIFIED from voting or being voted upon any election/referendum and from holding any public office or employment.

When the offender is an alien, he shall be deported immediately upon the completion of the service of his sentence without further proceedings.

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