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0 tracked cards Criminal Law

A private firm, Metro Builders, Inc., 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, Metro Builders 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 18 days during a nearby construction project. The road remains a public road. Metro Builders is charged with Fencing under PD 1612. Is Metro Builders liable? Identify the governing doctrine and its essential elements, and explain the permissible defenses, if any.

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No. Metro Builders is not liable because the offense requires malice or intent to permanently deprive the public of passage, which was not the intention here. No. Metro Builders is not liable because the road in question may be considered a private way or easement, not a public road, thus PD 1612 does not apply. Yes. Metro Builders, Inc. is liable for Fencing under PD 1612. The essential elements are (a) there exists a public road used by the public; (b) the offender fences or blocks the road along a portion of the road within its boundary; (c) the road is thereby obstructed; (d) there is no permit or authorization from the proper authority; (e) the act is done intentionally to impede public passage. A permissible defense is proof of a valid permit or express lawful authority from the local government. No. Metro Builders is not liable because even without a permit, the local government can issue a post-hoc authorization allowing temporary closures during large construction projects.

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