THE ANTI-CATTLE RUSTLING LAW OF

1974

P.D. 533

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 OwnershipCertification 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.

ELEMENTS1. A large cattle is taken

2. It belongs to another

3. The taking is done without the consent of the owner

4. The taking is done by any means, methods or scheme

5. The taking is with or without intent to gain

6. 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 arrestedNo complaint had been filed against him when he

surrendered the cow to the authoritiesAccused 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]