WHEREAS,
large cattle are indispensable to the livelihood and economic growth of
our people, particularly the agricultural workers, because such large
cattle are the work animals of our farmers and the source of fresh meat
and dairy products for our people, and provide raw material for our
tanning and canning industries; chanroblesvirtualawlibrary
WHEREAS, reports from the law-enforcement agencies reveal that there is
a resurgence of thievery of large cattle, commonly known as "cattle
rustling", especially in the rural areas, thereby directly prejudicing
the livelihood of the agricultural workers and adversely affecting our
food production program for self-sufficiency in rice, corn and other
staple crops, as well as in fresh meat;chanroblesvirtualawlibrary
WHEREAS, there is an urgent need to protect large cattle raising
industry and small time large cattle owners and raisers from the
nefarious activities of lawless elements in order to encourage our
hardworking cattle raisers and farmers to raise more cattle and
concentrate in their agricultural works, thus increasing our source of
meat and dairy products as well as agricultural production and allied
industries which depend on the cattle raising industry;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Republic of
the Philippines, by virtue of the powers vested in me by the
Constitution and pursuant to Proclamations No. 1081, dated September
21, 1972 and No. 1104, dated January 17, 1973 and General Order No. 1
dated September 22, 1972, do hereby order and decree as part of the law
of the land, the following:cralaw:red
Section 1. Title. — This Decree shall be known as the
"Anti-Cattle Rustling Law of 1974."
Section 2. Definition of terms. — The following terms
shall mean and be understood to be as herein defined:cralaw:red
a. Large cattle as herein used shall include the cow,
carabao, horse, mule, ass, or other domesticated member of the bovine
family. chanroblesvirtualawlibrary
b. Owner/raiser shall include the herdsman,
caretaker, employee or tenant of any firm or entity engaged in the
raising of large cattle or other persons in lawful possession of such
large cattle.
c. Cattle rustling is 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.
Section 3. Duty of owner/raiser to register. — The
owner/raiser shall, before the large cattle belonging to him shall
attain the age of six months, register the same 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. chanroblesvirtualawlibrary
Section 4. Duty of city/municipal treasurers and
other concerned public officers and employees. — All public
officials and employees concerned with the registration of large
cattle are required to observe strict adherence with
pertinent provisions of Chapter 22, Section 511 to 534, of the
Revised Administrative Code, except insofar as they may be
inconsistent with the provisions of this Decree.
Section 5. Permit to buy and sell large cattle. — No
person, partnership, association, corporation or entity shall engage in
the business of buy and sell of large cattle without first securing a
permit for the said purpose 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.
Section 6. Clearance for shipment of large cattle. —
Any person, partnership, association, corporation or entity
desiring to ship or transport large cattle, its hides, or meat,
from one province to another shall secure a permit for such
purpose from the Provincial Commander of the province where the
large cattle is registered. Before issuance of the permit
herein prescribed, the Provincial Commander shall require the
submission of the certificate of ownership as prescribed in Section 3
hereof, a certification from the Provincial Veterinarian to the effect
that such large cattle, hides or meat are free from any disease; and
such other documents or records as may be necessary. Shipment of large
cattle, its hides or meat from one city/municipality to another within
the same province may be done upon securing permit from the
city/municipal treasurer of the place of origin.
Section 7. Presumption of cattle rustling. — Every
person having in his possession, control or custody of large cattle
shall, upon demand by competent authorities, exhibit the documents
prescribed in the preceding sections. Failure to exhibit the required
documents shall be prima facie evidence that the large
cattle in his possession, control or custody are the fruits of
the crime of cattle rustling. chanroblesvirtualawlibrary
Section 8. Penal provisions. — Any person convicted
of cattle rustling as herein defined shall, irrespective of the value
of the large cattle involved, be punished by 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. If the offense is committed with violence
against or intimidation of persons or force upon things, the penalty of
reclusion temporal in its maximum period to reclusion perpetua shall be
imposed. If a person is seriously injured or killed as a result
or on the occasion of the commission of cattle rustling, the
penalty of reclusion perpetua to death shall be imposed.
When the offender is a government official or employee, he shall,
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.
When the offender is an alien, he shall be deported immediately upon
the completion of the service of his sentence without further
proceedings. chanroblesvirtualawlibrary
Section 9. Rules and Regulations to be promulgated by
the Chief of Constabulary. — The chief of Constabulary
shall promulgate the rules and regulations for the
effective implementation of this Decree.
Section 10. 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.
Section 11. Effectivity. — This Decree shall take
effect upon approval.
Done in the City of Manila,
this 8th day of August, in the year of Our Lord, nineteen hundred and
seventy-four.
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