Article 117 Espionage

Question 1

What is Espionage?

Answer 1

– 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.

Question 2

What are the Modes of Committing Espionage?

Answer 2

1. By entering, without authority, a warship, fort
   or naval or military establishment or reservation to
   obtain any information, plans, photograph 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 paragraph 1 of Article
   117, which he had in his possession by reason of
   the public office he holds.

Question 3

What are the elements of entering, without authority?

Answer 3

1. Offender enters any of the places mentioned;
2. He has no authority therefore;
3. His purpose is to obtain information, plans,
   photographs or other data of a confidential
   nature relative to the defense of the
   Philippines.

Question 4

What are the elements of disclosing to the representative of a foreign nation?

Answer 4

1. Offender is a public officer;
2. He has in his possession the articles, data or
   information referred to in paragraph 1 of
   Article 117, by reason of the public office he
   holds;
3. He discloses their contents to a representative
   of a foreign nation.

Question 5

Who are the persons liable for Espionage?

Answer 5

1. first mode:
   a. Filipino (being a public officer is aggravating)
   b. alien residing
2. second mode:
   a. offender is a public officer

Question 6

What other acts under CA 616 are related to Espionage?

Answer 6

1. Unlawfully obtaining or permitting to be obtained
   information affecting national defense;
2. Unlawful disclosing of information affecting
   national defense;
3. Disloyal acts or words in times of peace(i.e causing
   in any manner insubordination, disloyalty, mutiny
   or refusal of duty of any member of the military,
   naval, or air forces of the Philippines) ;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate the foregoing acts;
6. Harboring or concealing violators of law (i.e. the
   offender harbors a person whom he knows as
   someone who committed or is about to commit a
   violation of this Act; and the person harbors or
   conceals such person); and
7. Photographing from aircraft of vital information.

Question 7

What is the penalty for Espionage?

Answer 7

The penalty of prision correccional.The penalty next higher in degree shall be imposed if the
offender be a public officer or employee.