Title
Penalizing squatting and unlawful occupation
Law
Presidential Decree No. 772
Decision Date
Aug 20, 1975
A law enacted in the Philippines to combat squatting and illegal occupation of properties, imposing penalties such as imprisonment and fines for offenders, including individuals and corporations.

Policy basis and government drive

  • The decree directs the government to intensify its drive against squatting as a major urban problem.
  • It emphasizes that squatting persists despite prior directives to remove illegal constructions.
  • It targets the unlawful practice of occupying property against the will of the landowner.
  • It notes that persons or entities found unlawfully occupying lands include those belonging to the affluent class.

Prior directive referenced

  • Letter of Instructions No. 19 (October 2, 1972) is cited as having directed various officials to remove illegal constructions, including structures on esteros and river banks, along railroad tracks, and those built without permits on public and private property.

Prohibited conduct: unlawful occupation by coercion or tolerance

  • Section 1 punishes any person who, with the use of force, intimidation or threat, or by taking advantage of the absence or tolerance of the landowner, succeeds in occupying or possessing the property of the landowner against his will.
  • The prohibited occupation covers property occupied for residential, commercial, or any other purposes.
  • The law treats the offense as committed when occupation or possession is obtained against the landowner’s will, using the specified means or circumstances.

Criminal penalties and corporate liability

  • Section 1 provides an imprisonment penalty of from six months to one year for the offense.
  • Section 1 imposes a fine of not less than PHP 1,000 nor more than PHP 5,000, at the discretion of the court.
  • Section 1 requires subsidiary imprisonment in case of insolvency.
  • Section 1 provides that if the offender is a corporation or association, the maximum penalty is five years.
  • Section 1 further provides that for corporate or association offenders, a fine of PHP 5,000 is imposed upon the president, director, manager, or managing partners.
  • Section 1 applies these corporate penalties to the persons specifically designated: president, director, manager, or managing partners.

Effectivity and formal enactment details

  • Section 2 provides immediate effectivity upon issuance.
  • The decree is done in the City of Manila on August 20, 1975, signed by FERDINAND E. MARCOS and countersigned by ALEJANDRO MELCHOR (Executive Secretary).

Analyze Cases Smarter, Faster
Jur helps you analyze cases smarter to comprehend faster, building context before diving into full texts. AI-powered analysis, always verify critical details.