Other forms of trespass, A281 Revised Penal Code
1. Concept
Other forms of trespass – under the Revised Penal Code, refers to the crime of entering the uninhabited closed premises or fenced estate of another without permission despite a manifest sign prohibiting entry.
a. Legal basis
Art. 281. Other forms of trespass. – The penalty of arresto menor or a fine not exceeding Forty thousand pesos (₱40,000), or both, shall be imposed upon any person who shall enter the closed premises or the fenced estate of another, while either or both of them are uninhabited, if the prohibition to enter be manifest and the trespasser has not secured the permission of the owner or the caretaker thereof. (As amended by R.A. 10951)
(Revised Penal Code)
2. Modes of commission
The following are the modes of committing the offense:
1) By entering the closed premises or the fenced estate of another (REVISED PENAL CODE, Article 281)
a. Mode 1: Lorem
Elements of the crime of other forms of trespass:
1) That the offender enters the closed premises or the fenced estate of another;
2) That either or both of these properties are uninhabited;
3) That the prohibition to enter is manifest; and
4) That the offender/trespasser has not secured the permission of the owner or the caretaker thereof.
1) Element 1: Closed premises or fenced estate
For the 1st element, the offender enters the closed premises or the fenced estate of another.
This is the gravamen of the offense. Without any permission or consent from the owner or caretaker, the offenders entered into another’s closed premises or fenced estate.
2) Element 2: Uninhabited
For the 2nd element, either or both of these properties are uninhabited.
This means that nobody should be living in the closed premises or fenced estate, including illegal settlers.
3) Element 3: Manifest prohibition
For the 3rd element, the prohibition to enter is manifest.
There must be a clear signage or notice prohibiting entry to the said properties. It may be in the form of a big billboard sign or a tarpaulin. What matters is that it should clearly state therein that trespassing is not allowed or prohibited.
4) Element 4: No permission
For the 4th element, the offender/trespasser has not secured the permission of the owner or the caretaker thereof.
NB: The permission may be obtained from either the owner or the caretaker of the said properties. Thus, if no permission is given by the owner but the caretaker gave the permission, then this element is not met.
References
• Title IX – Crimes Against Personal Liberty and Security, Act No. 3815, Revised Penal Code, as amended
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/Updated: November 23, 2023
