1. Concept
Article 120. Correspondence with hostile country. – Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished: |
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, he shall suffer the penalty of reclusion temporal to death. (Act No. 3815, Revised Penal Code) |
2. Mode of commission
Elements:
1) It is in the time of war; and,
2) The offender corresponded with an enemy country or territory occupied by enemy troops. (Article 120, Act No. 3815, Revised Penal Code)