ART. 117: ESPIONAGE

PENALTY:

Prision correccional

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 to the advantage of any foreign nation.TWO WAYS OF COMMITTING ESPIONAGE:

1.by entering, without authority, a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photos, or other data of a confidential nature relative to the defense of the Philippines.

** intent to obtain information by the offender is critical.

ELEMENTS:

a.that the offender enters any of the places mentioned thereinb.that he has no authority thereforec.that has purpose is to obtain information, plans, photos etc. 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 par. 1 (Art. 117) which he had in his possession by reason of the public office he holds.

-ELEMENTS:

a.that the offender is a public officerb.that he has in his possession the articles, data or information by reason of the public office he holdsc.that he discloses their contents to a representative of a foreign nation.