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0 tracked cards Criminal Law

A private corporation, Nova Plains, owns land abutting a public barangay road that has long been used by the public to reach the municipal market and is maintained by the local government. Without seeking or obtaining any permit, Nova Plains constructs a solid masonry wall along the portion of the road that lies within its boundary and installs a heavy, padlocked gate, thereby completely blocking the road for all traffic and pedestrians for 9 days during a nearby construction project. The road remains a public road. Nova Plains is charged with Fencing under PD 1612. Is Nova Plains liable? Identify the governing doctrine and its essential elements, and explain the permissible defenses, if any.

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Nova Plains is liable only for civil remedies; the PD 1612 charge is not a criminal offense. Nova Plains is liable for Fencing under PD 1612. The essential elements are: (1) the offender is a private owner of land abutting a public road; (2) without a permit from the competent authority; (3) constructs a fence or barrier along the portion of the road within the boundary; (4) such fence or barrier blocks the road to public passage; (5) the road is public and maintained by the local government. A permissible defense is existence of a valid permit or authorization from the road-owing authority; absence of permit is not a defense. Nova Plains is not liable because PD 1612 covers only fencing of national roads, not barangay or local roads. Nova Plains is liable, but the only possible defense would be that the barrier was temporary and essential for safety during construction, which would excuse the obstruction under PD 1612.

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