PRESIDENTIAL DECREE NO. 1848, July 29, 1982

REVISING PRESIDENTIAL DECREE NO. 1845 DECLARING THE SURROUNDING AREA OF THE SATELLITE EARTH STATION IN BARAS, RIZAL PROVINCE, A SECURITY ZONE.

Presidential Decrees July 29, 1982



WHEREAS, 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. 1845:

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 Ms 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
satellite air 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 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 or a bona fide occupant is,
tin 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:

  1. 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;
  2. 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
    Section 2 hereof who refuse to vacate the zone within 60 days from the date of
    effectivity of this Decree, as therein provided;
  3. 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. Appropriations.—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.—AW 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 m 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.

 

(Sgd.) FERDINAND E. MARCOS
President of the
Philippines

   

 

By the President:  
 
(Sgd.) JOAQUIN T. VENUS, JR.  
  Deputy Presidential Executive
Assistant