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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 therefore; 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.

espionage

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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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