Other forms of trespass, Revised Penal Code

1. Concept and 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. (Act 3815, Revised Penal Code, as amended by R.A. 10951)

2. Elements of the offense

Elements of the offense:

1) The offender is a private person;

2) That he enters the closed premises or the fenced estate of another;

3) That either or both of them are uninhabited, if the prohibition to enter be manifest; and

4) The trespasser has not secured the permission of the owner or the caretaker thereof.\

References

Title 9 – Crimes Against Personal Liberty, Book 2, Revised Penal Code

/Updated: January 18, 2023

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

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