G.R. No.

111426 July 11, 1994

NORMA DIZON-PAMINTUAN, petitioner,
vs.
PEOPLE OF THE PHILIPPINES, respondent.
FACTS
That during the period from February 12 to 24, 1988 in the City of Manila, Philippines in
her possession was found stolen jewelries belonging to Teodoro and Luzviminda
Encarnacion. The said set of jewelries was stolen by five (5) unidentified man on
February 12, 1988 on their house at Paranaque. Two days after the incident, lost
jewelries were spotted being sold by the accused at the Chinatown. Accused was found
guilty by Regional Trial Court and Court of Appeals of the crime of violation of PD 1612
(Fencing Law).
ISSUE
Whether or not the accused be held liable for violation of PD 1612, only as an
accessory.
HELD
No. The accused failed to rebut the third element of the crime of fencing. She
relied only to her brothers testimony which is insufficient to overcome the presumption.
Thus the decision of the RTC is affirmed by the Supreme Court.

Castillo, Rhonnah Mhyrr Joyce