Correspondence With Hostile Country


ART. 120.

ELEMENTS:
1. There’s a war in and Philippines is involved;
2. That the offender makes correspondence with an enemy country or territory
   occupied by enemy troops;
3. That the correspondence is either –
     a. prohibited by the government, or
     b. carried on in ciphers or conventional signs, or
     c. containing notice or information which might be useful to the enemy.

QUALIFYING CIRCUMSTANCES:
1. Notice or information might be useful to the enemy.
2. Offender intended to aid the enemy.

NOTES:

 Circumstances qualifying the offense:
     1. notice or information might be useful to the enemy
     2. offender intended to aid the enemy

A hostile country exists only during hostilities or after the declaration of war.

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

It is not correspondence with private individual in enemy country.

If ciphers were used, no need for prohibition of the government.

If ciphers were not used, there is a need for prohibition of the government.

It is immaterial if correspondence contains innocent matters. If prohibited,
correspondence is punishable.

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