Punishing Unlawful Entry Into Any Military Base In The Philippines

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Punishing Unlawful Entry Into Any Military Base In The Philippines

Presidential Decree No. 1227

October 27, 1977

Case Overview and Summary

Summary of Presidential Decree No. 1227

Unlawful Entry into Military Bases
- Any person who enters a military base without permission or authority from the base commander or representative, and has been previously removed and ordered not to re-enter, shall be punished as follows:
• First offense: Imprisonment of not more than 10 days or a fine not exceeding P100.00, or both. (Section 1)
• Second offense: Imprisonment of not less than 10 days but not more than 1 month or a fine of not less than P100.00 but not more than P200.00, or both. (Section 1)
• Third and subsequent offenses: Imprisonment of not less than 1 month but not more than 6 months or a fine of not less than P200.00 but not more than P1,000.00, or both. (Section 1)

Definition of "Military Base"
• The term "military base" means any military, air, naval, or coast guard reservation, base, fort, camp, arsenal, yard, station, or installation in the Philippines. (Section 2)

Exclusion for Private Land
• The decree shall not be construed to deny any person ingress to or egress from their privately-owned land embraced, located or situated within any military base. (Section 3)

Effective Date
• The decree shall take effect 30 days after its publication in the Official Gazette or in a newspaper of general circulation in the Philippines. (Section 4)

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Punishing Unlawful Entry Into Any Military Base In The Philippines

Presidential Decree No. 1227

October 27, 1977

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1227 PUNISHING UNLAWFUL ENTRY INTO ANY MILITARY BASE IN THE PHILIPPINES WHEREAS, the incidence of intrusions and trespassing into military bases in the Philippines has reached alarming proportions; WHEREAS, the problem is partly due to the absence of any law punishing unlawful entry into military bases. Article 281 of the Revised Penal Code punishing other forms of trespass is unavailing because it is limited to "any person who shall enter the closed premises or the fenced estate of another, while either of them are uninhabited"; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land as follows: Section 1. Any person who, without express or implied permission or authority of the base commander or his duly authorized representatives, shall re-enter or is found within any military base after having been removed therefrom and ordered not to re-enter by the base commander or...
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Punishing Unlawful Entry Into Any Military Base In The Philippines

Amends

n/a

Amended by

n/a

Tags

Executive Issuances

Presidential Decrees

unlawful entry

military base

trespassing

punishment

imprisonment

fine

offenses

private land

effective date

MALACAÑANGM a n i l a PRESIDENTIAL DECREE No. 1227 PUNISHING UNLAWFUL ENTRY INTO ANY MILITARY BASE IN THE PHILIPPINES WHEREAS, the incidence of intrusions and trespassing into military bases in the Philippines has reached alarming proportions; WHEREAS, the problem is partly due to the absence of any law punishing unlawful entry into military bases. Article 281 of the Revised Penal Code punishing other forms of trespass is unavailing because it is limited to "any person who shall enter the closed premises or the fenced estate of another, while either of them are uninhabited"; NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby order and decree as part of the law of the land as follows: Section 1. Any person who, without express or implied permission or authority of the base commander or his duly authorized representatives, shall re-enter or is found within any military base after having been removed therefrom and ordered not to re-enter by the base commander or...
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Punishing Unlawful Entry Into Any Military Base In The Philippines