Question & AnswerQ&A (PRESIDENTIAL DECREE NO. 1227)
The main purpose of Presidential Decree No. 1227 is to punish unlawful entry into any military base in the Philippines to address the problem of intrusions and trespassing into military bases.
Presidential Decree No. 1227 specifically punishes unlawful entry into military bases, while Article 281 of the Revised Penal Code punishes trespassing limited to closed or fenced estates that are uninhabited. The latter is not effective for military bases as per the decree.
Unlawful entry is when any person, without express or implied permission or authority from the base commander or his authorized representative, re-enters or is found within any military base after having been removed and ordered not to re-enter.
For the first offense, the penalty is imprisonment of not more than ten (10) days or a fine not exceeding P100.00, or both.
For the second offense, the penalty is 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.
For the third and subsequent offenses, the penalty is 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.
The term 'military base' includes any military, air, naval, or coast guard reservation, base, fort, camp, arsenal, yard, station, or installation in the Philippines.
No, Section 3 clarifies that the decree does not deny any person ingress to or egress from his privately-owned land located within any military base.
The decree took effect thirty days after its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
Permission must be given by the base commander or his duly authorized representative.