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Espionage, Revised Penal Code

1. Concept

Article 117. Espionage. – The penalty of prision correccional shall be inflicted upon any person who:
1. Without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago; or
2. Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.
The penalty next higher in degree shall be imposed if the offender be a public officer or employee. (Act No. 3815, Revised Penal Code)

2. Modes of commission

2 modes of committing the crime:

1) Entering a warship, fort, or naval or military establishment or reservation; and

2) Disclosing confidential information related to No. 1 to a representative of a foreign nation.

a. Entering a warship, fort, or naval or military establishment or reservation

Elements:

1) The offender has no authority to enter a warship, fort, or naval or military establishment or reservation; and,

2) He entered to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine Archipelago. (Article 117, Revised Penal Code)

b. Disclosing confidential information related to No. 1 to a representative of a foreign nation

Elements:

1) The offender is in in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph; and,

2) He discloses their contents to a representative of a foreign nation. (Ibid.)

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