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PRESIDENTIAL DECREE NO. 1848
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
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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. 1815:cralaw:red
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.
Section 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.
Section 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.
Section 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.
Section 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.
Section 6. Penal Provisions. — The following
penalties shall be imposed upon any person who shall commit any of the
acts as hereunder correspondingly indicated: chanroblesvirtualawlibrary
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;chanroblesvirtualawlibrary
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 Section 2 hereof who
refuse to vacate the zone within 10 days from the date of effectivity
of this Decree, as herein provided; chanroblesvirtualawlibrary
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.
Section 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.
Section 8. Repealing Clause. — All laws, decrees,
rules and regulations or parts thereof contrary to or inconsistent
herewith are hereby repealed or modified accordingly.
Section 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.
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