The City Council, during last Monday’s regular session, requested the Department of Trade and Industry (DTI) to issue the appropriate guidelines to prevent the online selling or bartering of stolen or shoplifted goods in the city.
In a resolution, city legislators stated the DTI is the government agency tasked to advance and protect the rights and responsibilities of consumers that involves issuing the guidelines to regulate both conventional and online commerce.
While the customers or those accepting barters may not be aware of the nature of the goods, the council stipulated that Section 5 of the Anti-Fencing Law stated that mere possession of any good, article, item, object or any of value which has been the object or anything of value which has been the subject of robbery or thieving shall be primacy evidence of fencing.
The council added the present situation brought about by the Coronavirus Disease 2019 (COVID-19) global pandemic has resulted in the lockdown of various business establishments and the limiting of the movement of people outside their homes.
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With the aforesaid situation, councilors claimed that individuals, businesses and consumers have resulted to thriving online selling or bartering with the onset of the new normal situation.
However, the council disclosed there are confirmed reports that goods and items that were robbed, stolen or shoplifted from residences, offices and business establishments were allegedly sold or bartered online.
According to the council, the person selling or bartering, and those buying or accepting the barter of the stolen goods, are liable under the pertinent provisions of Presidential Decree (PD) 1612 or the Anti-Fencing Act.
The council pointed out that since the online platform is being used, they are likewise liable under the provisions of Republic Act (RA) 10175 otherwise known as the Cyber Crime Prevention Act of 2012 and RA 8792, the E-Commerce Act.
For the past several years, the council admitted the internet has been increasingly used by enterprising individuals for their business operations making social media marketing one of the thriving industries during this period of community quarantine.
The council emphasized the importance of having established guidelines on the online selling and bartering of stolen or shoplifted goods for victims of the unscrupulous activities of enterprising individuals to have redress and facilitate the immediate prosecution of criminals for their unlawful acts and taking advantage of the prevailing crisis situation to earn at the expense of others using hot items.
Local legislators said that the city government can only do so much in the identification of individuals using the social media platforms to sell stolen and shoplifted goods and government agencies, like the DTI, should formulate the appropriate rules that will guide people in dealing with criminals taking advantage of the social media for their own business interests.
By Dexter A. See
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