QuestionsQuestions (PRESIDENTIAL DECREE NO. 1227)
To penalize unlawful entry into and re-entry into any military base in the Philippines, addressing intrusions and trespassing where the prior law (e.g., Article 281 of the Revised Penal Code) was considered inadequate.
Article 281 was deemed unavailing because it applies only when the closed premises or fenced estate of another are uninhabited, while the problem of intrusions into military bases was not effectively covered.
The person must enter or re-enter a military base without express or implied permission or authority of the base commander (or duly authorized representative), and must either be (a) re-enter after removal and ordered not to re-enter, or (b) be found within after such removal and order.
Yes, if the person is found within after having been removed from the base and ordered not to re-enter by the base commander or authorized representative, and the presence is without permission or authority.
It is a key element for the offense: a person removed from the base and later ordered not to re-enter becomes punishable if he re-enters or is found within again without permission/authority.
First offense: imprisonment up to 10 days or fine up to ₱100 or both; second offense: imprisonment of not less than 10 days but not more than 1 month or fine ₱100–₱200 or both; third and subsequent: imprisonment of not less than 1 month but not more than 6 months or fine ₱200–₱1,000 or both.
Any military, air, naval, or coast guard reservation, base, fort, camp, arsenal, yard, station, or installation in the Philippines.
Permission or authority granted expressly (e.g., written or direct authorization) or impliedly (e.g., circumstances showing authorization) by the base commander or his duly authorized representative.
The base commander or his duly authorized representative.
It allows either imprisonment or a fine, or both, depending on the offense number, as stated in Section 1.
It covers both: a person who “re-enter[s]” and a person “is found within” after removal and an order not to re-enter.
It ensures that nothing in PD 1227 denies ingress to or egress from privately-owned land that is embraced, located, or situated within a military base.
PD 1227 cannot be construed to deny ingress or egress to privately-owned land within the base; thus, lawful transit for that purpose should not be punished under PD 1227.
Thirty days after its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
That intrusions into military bases are a distinct and recurring problem, and that existing trespass provisions are insufficient—so the decree targets unauthorized re-entry after removal and an order not to re-enter.
It applies to any person who unlawfully enters or re-enters any military base in the Philippines; the law focuses on location within the country rather than citizenship.