Article 120 Correspondence with Hostile Country

Question 1

What are the elements of Correspondence with Hostile

Country?

Answer 1

1. It is in time of war in which the Philippines is
   involved;
2. Offender makes correspondence with an enemy
   country or territory occupied by enemy troops;
3. The correspondence is either –
   a. prohibited by the government;
   b. carried on in ciphers or conventional signs; or
   c. containing notice or information which might
   be useful to the enemy.

Question 2

Define Correspondence.

Answer 2

It – is a communication by means
of letters; or it may refer to the letters which pass
between those who have friendly or business relations.

Question 3

What is the scope of prohibition?

Answer 3

Correspondence to enemy country includes correspondence to officials of enemy country even if said official is related to the offender.

Question 4

Does liability exist if the correspondence contain innocent matters?

Answer 4

Yes. Even if the correspondence contains innocent
matters, if it is prohibited by the government, it is
punishable because of the possibility that some
information useful to the enemy might be revealed
unwittingly.

Question 5

What are the qualifying circumstances for correspondence with a hostile country?

Answer 5

1. Notice or information might be useful to the enemy
2. Offender intended to aid the enemy (crime amounts
   to treason)

Question 6

What penalties equate to the correspondence identified in the law?

Answer 6

1. By prision correccional, if the correspondence has been
   prohibited by the Government;
2. By prision mayor, if such correspondence be carried on
   in ciphers or conventional signs; and
3. By reclusion temporal, if notice or information be given
   thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information-reclusion perpetua applies

Question 7

Which correspondences do not require prohibition from the government?

Answer 7

The phrases “if such correspondence” or “if notice or information be given thereby” in paragraphs 2 and 3, respectively, do not require that there should be prohibition by the Government to make the correspondence. The word “such” in paragraph 2 makes reference to the correspondence
mentioned in the opening sentence of Art. 120.