Flashcards Studio

(a) Identify the governing doctrine of fencing under Presidential Decree No. 1612 and state its essential elements.
(b) Distinguish the rule under PD 1612 from ordinary property crimes by explaining what renders fencing of a public road a crime and when it does not.
(c) Facts: A private landowner, X, owns Lot 1 adjacent to a public barangay road. Without any permit or authorization, X constructs a solid masonry wall along the portion of the road that lies within his boundary and places a locked gate, thereby completely blocking the road for any passing vehicles or pedestrians. The road has historically served the public as a passage to a neighboring market and is maintained by the local government. X is charged with Fencing under PD 1612. Is X liable? Explain your reasoning with reference to the elements and permissible defenses, if any.