Penalizing unlawful entry into military bases

The decree declares that intrusions and trespassing into military bases in the Philippines have reached alarming proportions.
It identifies a legal gap because Article 281 of the Revised Penal Code punishing certain trespass is viewed as unavailing due to its limitation to “any person who shall enter the closed premises or the fenced estate of another, while either of them are uninhabited.”

Section 2 defines “military base” to mean any military, air, naval, or coast guard reservation, base, fort, camp, arsenal, yard, station, or installation in the Philippines.
The coverage for “military base” applies to locations within the Philippines.

Section 1 penalizes any person who re-enters or is found within a military base.
The act must be done without express or implied permission or authority of the base commander or the base commander’s duly authorized representative.
Liability is established when the person has been removed from the base and has been ordered not to re-enter by the base commander or the commander’s duly authorized representative.

Section 1 imposes penalties by offense count, based on whether it is the first offense, second offense, or third and subsequent offenses.
First offense: imprisonment of not more than ten (10) days or a fine not exceeding PHP 100.00, or both.
Second offense: imprisonment of not less than ten (10) days but not more than one (1) month, or a fine of not less than PHP 100.00 but not more than PHP 200.00, or both.
Third and subsequent offenses: imprisonment of not less than one (1) month but not more than six (6) months, or a fine of not less than PHP 200.00 but not more than PHP 1,000.00, or both.

Section 3 ensures that nothing in the decree denies a person ingress to or egress from privately owned land.
This protected access covers privately owned land embraced, located or situated within any military base described in Sections 1 and 2.