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.)
