Espionage
On Criminal Law
Espionage
ART. 117
ESPIONAGE – is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of
the Republic of the Philippines or the advantage of a foreign nation.
MODES of COMMITTING ESPIONAGE:
1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines.
ELEMENTS:
1. That the offender enters a warship, fort, naval or military establishment or reservation;
2. That he has no authority therefor; and
3. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds.
ELEMENTS:
1. That the offender is a public officer;
2. That he has in his possession the articles, data or information referred to in the first mode of committing espionage, by reason of the public office he holds; and
3. That he discloses their contents to a representative of a foreign nation.
PERSONS LIABLE:
1. First mode:
a. Filipino
b. alien residing
2. Second mode:
a. Offender is a public officer.
NOTES:
Being a public officer is a requirement in the second paragraph
It is aggravating in the first.
Espionage is the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship.
Wiretapping is not espionage if the purpose is not connected with the defense.
In the first mode of committing the felony, it is not necessary that the offender succeeds in obtaining the information.
ART. 117
ESPIONAGE – is the offense of gathering, transmitting, or losing information respecting the national defense with intent or reason to believe that the information is to be used to the injury of
the Republic of the Philippines or the advantage of a foreign nation.
MODES of COMMITTING ESPIONAGE:
1. By entering, without authority, a warship, fort, or military or naval establishment or reservation to obtain any information, plan or other data of confidential nature relative to the defense of the Philippines.
ELEMENTS:
1. That the offender enters a warship, fort, naval or military establishment or reservation;
2. That he has no authority therefor; and
3. That his purpose is to obtain information, plans, photographs or other data of a confidential nature relative to the defense of the Philippines.
2. By disclosing to the representative of a foreign nation the contents of the articles, data or information referred to in the preceding paragraph, which he had in his possession by reason of the public office he holds.
ELEMENTS:
1. That the offender is a public officer;
2. That he has in his possession the articles, data or information referred to in the first mode of committing espionage, by reason of the public office he holds; and
3. That he discloses their contents to a representative of a foreign nation.
PERSONS LIABLE:
1. First mode:
a. Filipino
b. alien residing
2. Second mode:
a. Offender is a public officer.
NOTES:
Being a public officer is a requirement in the second paragraph
It is aggravating in the first.
Espionage is the offense of gathering, transmitting, or losing information respecting the national defense with the intent or reason to believe that the information is to be used to the injury of the Philippines or the advantage of any foreign nation. It is not conditioned on citizenship.
Wiretapping is not espionage if the purpose is not connected with the defense.
In the first mode of committing the felony, it is not necessary that the offender succeeds in obtaining the information.
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