Anda di halaman 1dari 16

P.D.

533
THE ANTI-CATTLE
RUSTLING LAW OF
1974

DEFINITION OF TERMS

Large Cattle
- cow, carabao, horse, mule, ass, or other
domesticated member of the bovine family.

Owner/raiser
- herdsman, caretaker, employee or tenant of
any firm or entity engaged in the raising of large
cattle
-other persons in lawful possession of such
large cattle.

Cattle Rustling
- the taking away by any means, method or
scheme, without the consent of the
owner/raiser, of any of the above-mentioned
animals 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 hide without the consent of the
owner/raiser.

DUTY OF OWNER/RAISER TO
REGISTER

Before the large cattle attains the age of


6 months:
-REGISTER it with the office of the city/municipal
treasurer where such large cattle are raised.

*The city/municipality concerned may impose and


collect the fees authorized by existing laws for
such registration and the issuance of a certificate
of ownership to the owner/raiser.

Permit to Buy & Sell Large


Cattle

To engage in the business of buy and sell of


large cattle:
Any person, partnership, association, corporation or

entity should:
secure
a permit from the Provincial
Commander of the province where it shall
conduct such business and the City/Municipal
Treasurer of the place of residence of such
person, partnership, association, corporation or
entity.
* The permit shall only be valid in such province.

Clearance for Shipment of Large


Cattle

Any person, partnership, association, corporation or entity


desiring to ship or transport large cattle, its hides, or
meat, shall:
A. From one province to another

secure a permit from the Provincial Commander


of the province where the large cattle is
registered
Provincial Commander before issuing the permit shall

require the submission of:


Certificate of Ownership
Certification from the Provincial Veterinarian - to the
effect that such large cattle, hides or meat are free
from any disease
such other documents or records as may be
necessary

B. From one city/municipality to another

within the same province


- secure a permit from the city/municipal
treasurer of the place of origin

Presumption of Cattle
Rustling

PRIMA FACIA EVIDENCE that the large


cattle in his possession, control or custody
are the fruits of the crime of cattle rustling
Failure to exhibit the required documents,

upon demand by competent authorities

Penal Provisions

Any person convicted of cattle rustling shall, irrespective of


the value of the large cattle involved:
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

Reclusion Temporal in its maximum period to Reclusion Perpetua


If the offense is committed with violence against or intimidation of
persons or force upon things
Reclusion Perpetua to Death
If a person is seriously injured or killed as a result or on the occasion
of the commission of cattle rustling

Offender is a government official or


employee, in addition to the foregoing penalty,
be disqualified from:
voting or being voted upon in any

election/referendum and
from holding any public office or employment.

Offender is an alien:
deported immediately upon the completion of the

service of his sentence without further proceedings.

Repealing Clause

The provisions of Articles 309 and 310 of


Act No. 3815, otherwise known as the
Revised Penal Code, as amended, all laws,
decrees, orders, instructions, rules and
regulations which are inconsistent with this
Decree are hereby repealed or modified
accordingly.

ELEMENTS
1.
2.
3.
4.
5.
6.

A large cattle is taken


It belongs to another
The taking is done without the consent of the
owner
The taking is done by any means, methods or
scheme
The taking is with or without intent to gain
The taking is accomplished with or without
violence or intimidation against person or force
upon things

Keynotes

Cattle Rustling remains to be malum in se


P.D. 533 is merely an amendment of Article

310 of the RPC [Qualified Theft]


Killing is absorbed in cattle rustling

Not a malum prohibitum but a mere


modification of Theft and Malicious Mischief
The rules and system of penalties under

RPC applies

Cattle do not have to be taken whole


Under Art 310, to constitute the crime of

Qualified Theft, the animal must be taken


alive
P.D. 533, the taking of the meat or hide is
enough.

P.D. 533 covers taking, killing, and taking the


cattle dead or alive, whole or portion thereof
such as the hide or meat.

P.D. 533 is not a special law


the penalty for its violation is in terms of

the classification and duration of penalties


prescribed in the RPC

Intent to Gain
may be inferred from the deliberate failure

to deliver the lost property to the proper


person, the finder knowing that the
property does not belong to him.

Applicability of the modifying


circumstances under RPC
Accused should be given the benefit of mitigating

circumstance analogous to voluntary surrender


The accused had not been actually arrested
No complaint had been filed against him when he
surrendered the cow to the authorities
Accused voluntarily took the cow to the municipal
hall to place it unconditionally in the custody of the
authorities, thus saved them the trouble of having
to recover the cow from him.
[Canta vs. People]

Anda mungkin juga menyukai