Anti-Cattle Rustling Law (Presidential Decree No. 533)

The Anti-Cattle Rustling Law, also known as Presidential Decree No. 533, was enacted to address the rampant problem of cattle rustling in the Philippines, which had become a serious threat to the livelihood of farmers and ranchers. Below is a detailed discussion of its provisions and implications:

1. Definition of Terms (Sec. 2)

Cattle Rustling: Defined as the taking away by any means, method, or scheme, without the consent of the owner or lawful possessor, any of the following:
- Cattle: Includes cows, carabaos, horses, sheep, goats, and swine.
- Whether or not the taking is for profit or gain.
Qualified Cattle Rustling: When the crime is committed:
- By a band (defined as two or more armed individuals acting together).
- By violence, intimidation, or force upon persons or things.
- With the use of motor vehicles, other machinery, or equipment.
- By persons in uniform or armed with firearms, regardless of actual employment status.

2. Penal Provisions

Penalties for Cattle Rustling:
- Basic Penalty:
  - Prison mayor (6 years and 1 day to 12 years) and a fine of not less than P3,000 but not more than P10,000.
- Qualified Cattle Rustling:
  - Reclusion perpetua (life imprisonment) to death.
Additional Penalty:
- Confiscation and forfeiture of instruments or tools used in the commission of the crime, including motor vehicles and firearms.

3. Coverage and Scope

Applies nationally to all acts of cattle rustling, regardless of location (rural or urban).
Includes both private and publicly owned cattle.

4. Presumptions of Guilt (Sec. 3)

The following acts create a prima facie presumption of guilt for cattle rustling:

Possession of cattle without proof of ownership, such as:
- Certificate of Registration.
- Certificate of Ownership.
- Transfer Certificate.
Found in possession of slaughtered cattle, with no lawful authority or documentation to prove ownership.

5. Registration and Documentation Requirements

Cattle Owners:
- Must register their cattle with the Barangay Captain where the cattle are located.
- Registration includes:
  - Description of the cattle.
  - Proof of ownership (e.g., original certificate or deed of sale).
Transfer of Ownership:
- Requires execution of a written instrument, properly acknowledged before a Barangay Captain or a notary public.
- Must include the new owner’s name and the date of transfer.

6. Role of Local Government Units (LGUs)

Barangay Captains:
- Keep records of registered cattle in their jurisdictions.
- Facilitate the issuance of transfer documents and assist in enforcement.
Municipal/City Governments:
- Collaborate with law enforcement agencies to prevent cattle rustling.
- Ensure proper documentation and regulation of cattle movement within their areas.

7. Role of Law Enforcement Agencies

Police and Military:
- Responsible for the apprehension and prosecution of offenders.
- Authorized to seize stolen cattle and any equipment used in the crime.

8. Special Provisions

Reward System:
- Informants providing credible information leading to the apprehension and conviction of cattle rustlers may be entitled to rewards.
Criminal Liability of Accessories:
- Persons who harbor, conceal, or aid the perpetrators of cattle rustling are held criminally liable as accessories to the crime.

9. Key Jurisprudence and Application

People v. Evangelista (G.R. No. L-68701, 1987):
- Reiterated the importance of documentary proof of ownership and the prima facie presumption established by the law.
- Highlighted the principle that unexplained possession of stolen cattle is tantamount to guilt.
People v. de la Cruz (G.R. No. 145732, 2004):
- Stressed that the presence of aggravating circumstances, such as the use of firearms, elevates the penalty to reclusion perpetua or death.

10. Amendments and Related Laws

While P.D. No. 533 remains the primary law addressing cattle rustling, its implementation is bolstered by other laws:

Revised Penal Code (RPC): Provisions on theft, robbery, and qualified theft can also apply.
Republic Act No. 7160 (Local Government Code of 1991): Reinforces the role of LGUs in cattle registration and anti-rustling efforts.

11. Challenges in Implementation

Lack of Awareness: Many cattle owners remain unaware of the registration requirements.
Weak Enforcement: Limited resources for law enforcement in rural areas.
Corruption and Collusion: In some cases, law enforcement officers are complicit in cattle rustling activities.

12. Conclusion

P.D. No. 533 is a critical piece of legislation aimed at protecting livestock owners from economic loss caused by cattle rustling. Proper enforcement, public awareness campaigns, and stricter adherence to documentation requirements are essential to ensure the law’s effectiveness.