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0 tracked cards Criminal Law

A private corporation, Greenline Industries, owns land adjacent to a public barangay road. Without any permit or authorization, Greenline constructs a solid masonry wall along the portion of the road within its boundary and installs a heavy gate, thereby completely blocking the road for all traffic and pedestrians. The road has long been used by the public to reach the municipal market and is maintained by the local government. Greenline is charged with Fencing under PD 1612. Is Greenline liable? Identify the governing doctrine and its essential elements, and explain the permissible defenses, if any.

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Governing doctrine: Fencing under PD 1612 punishes the willful erection or maintenance of a barrier on a public road that deprives the public of free passage, done without permit or authority; its essential elements include (1) a barrier on a public road used by the public; (2) obstruction of passage; (3) lack of permit or authorization; (4) the road is public; (5) the act is willful; permissible defenses include showing a valid permit or lawful authority. A temporary barrier that blocks the road for a few days during a festival, with advance notice to the LGU, would not be punishable under PD 1612. The offense requires proof of malicious intent to deprive the public of passage; if the barrier is erected for a lawful purpose with no malice, there is no liability. If the obstruction is part of a local government road rehabilitation project with proper permits and detour plans, there is no liability under PD 1612.

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