Definition of Offense
- Illicit possession or occupation occurs when a person uses force, intimidation, threat, or exploits the owner’s absence or tolerance.
- Applies to occupancy for residential, commercial, or other purposes.
Penalties for Individuals
- Imprisonment of six months to one year.
- Fine ranging from one thousand pesos to five thousand pesos.
- Subsidiary imprisonment if the offender is insolvent and cannot pay the fine.
Penalties for Corporations or Associations
- If offender is a corporation or association, penalties are increased.
- Imprisonment for up to five years.
- Fine of five thousand pesos.
- Penalties apply to the president, director, manager, or managing partners of the entity involved.
Legal Authority and Enforcement
- The decree is promulgated under the constitutional powers of the President of the Philippines.
- Effective immediately upon issuance.
Governmental Context
- Highlights failure of previous Letter of Instructions No. 19 (October 2, 1972) to curb squatting.
- Notes involvement of various government officials and agencies tasked with removal of illegal structures and squatter evictions.
- Recognizes some unlawful occupants belong to affluent classes, underscoring the broad scope of the problem.
Summary
This law criminalizes forceful or unauthorized land occupation, providing clear penalties for violators. It strengthens government efforts to remove illegal settlers and constructions, affirming immediate enforceability and accountability of both individuals and corporate entities engaged in squatting activities.