PRESIDENTIAL DECREE NO. 1848 - REVISING PRESIDENTIAL DECREE NO. 1845 DECLARING THE SURROUNDING AREA OF THE SATELLITE EARTH STATION IN BARAS, RIZAL PROVINCE, A SECURITY ZONE
there is a need to clarify overly broad provisions of Presidential
Decree No. 1845 as well as to specify the acts penalized therein. |
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested in me by the Constitution, do hereby decree the following revisions to Presidential Decree No. 1815:
Section 1. Declaration of Security Zone. – The entire area surrounding the satellite earth station in Sitio San Miguel Barrio Pinugay, Municipality of Baras, Province of Rizal, Island of Luzon, within a radius of three kilometers, more or less, from the main satellite earth station, the metes and bounds of such area to be determined by the Minister of National Defense, is hereby declared a security zone. For this purpose, and in the interest of national security, ingress to and egress from the security zone as well as occupancy of portions thereof shall be controlled and regulated, without prejudice to the payments of just compensation to persons whose rights of ownership may be injuriously affected thereby. Likewise for the same purpose reasonable searches and seizures may be effected by order of the Minister of National Defense, upon any house, residence, dwelling, building or any other structure within the zone, on his determination of the existence of probable cause that articles, instruments, goods, items or other objects are being stored or hidden for the commission of an offense involving the security of the satelliter station, or any other ancillary installations, and/or the personnel thereof.
Sec. 2. Occupation by Third Parties Illegal. – All occupants of lands within the security zone who do not own the lands they are occupying, as well as occupants who are not bona fide tenants, lessees, or agents of the registered owners shall vacate the area they are occupying within sixty (60) days from the date of effectivity of this Decree.
Sec. 3. Occupation by Owner. – Owners of lands within the security zone and/or their bona fide tenants or lessees, or agents can occupy or continue to occupy their respective lands or areas therein subject to prior written permission or authority of the Minister of National Defense.
Sec. 4. In cases where an owner of a bona fide occupant is, in the determination of the Minister of National Defense not entitled to an occupancy permit, he shall have the option of demanding payment of just compensation for his property rights, or to sell such rights to any person qualified to own or occupy such property.
Sec. 5. The Armed Forces of the Philippines may, thru negotiation or expropriation acquire ownership of any land or area located or situated within the zone.
Sec. 6. Penal Provisions. – The following penalties shall be imposed upon any person who shall commit any of the acts as hereunder correspondingly indicated:
a. The penalty of arresto menor, or a fine not exceeding five hundred pesos (P500.00), or both such imprisonment and fine, for any person who shall enter the zone without any permit or pass from the Minister of National Defense or his duly authorized representative and loiter therein;
b. The penalty of arresto mayor, or a fine of not exceeding one thousand pesos, or both such imprisonment and fine, for any person who shall squat on any portion or area of the zone. This penalty shall apply to persons falling under Sec. 2 hereof who refuse to vacate the zone within 10 days from the date of effectivity of this Decree, as herein provided;
c. The same penalty as prescribed in the immediately foregoing paragraph, for any owner or bona fide occupant of a lot or area within the zone who, after having been found by the Minister of National Defense or his duly authorized representative as not entitled to an occupancy permit and has been duly notified of such fact, persists in occupying said lot or area.
Sec. 7. Appropriation. – The amount of Ten Million Pesos (P10,000,000.00) is hereby appropriated out of funds in the National Treasury not otherwise appropriated to carry out the provisions of this Decree.
Sec. 8. Repealing Clause. – All laws, decrees, rules and regulations or parts thereof contrary to or inconsistent herewith are hereby repealed or modified accordingly.
Sec. 9. Effectivity. – This Decree shall take effect thirty days after its publication in the Official Gazette or in a newspaper of general circulation in the Philippines.
Done in the City of Manila this 29th day of July, in the year of Our Lord, nineteen hundred and eighty-two.