M a n i l a



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 his duly authorized representative, shall be punished for the first offense, with imprisonment of not more than ten (10) days or a fine not exceeding P100.00, or both; for the second offense, with imprisonment of not less than ten (10) days but not more than one (1) month or a fine of not less than P100.00 but not more than P200.00, or both; and for the third and subsequent offenses, with imprisonment of not less than one (1) month but not more than six (6) months or a fine of not less than P200.00 but not more than P1,000.00, or both.

Section 2. The term "military base" as used in this decree means any military, air, naval, or coast guard reservation, base, fort, camp, arsenal, yard, station, or installation in the Philippines.

Section 3. Nothing in this decree shall be construed to deny any person ingress to or egress from his privately-owned land embraced, located or situated within any military base mentioned in Sections 1 and 2 hereof.

Section 4. This decree shall take effect thirty days after its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.

Done in the City of Manila, this 27th day of October, in the year of Our lord, nineteen hundred and seventy-seven.

The Lawphil Project - Arellano Law Foundation