Article 117 - 119 of

Criminal Law Book 2

PRESENTED BY: GROUP 2
 WHAT IS ESPIONAGE?
 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 under Art. 117.

 1. By entering without authority therefor, enters a warship, fort, or naval

military establishment or reservation to obtain any information, plans,
photographs, or other data of a confidential nature relative to the defense of
the Philippines.
 Elements:
(a) That the offender enters any of the places mentioned therein;
(b) That he has no authority therfor;
(c) That his purpose is to obtain information, plans, photographs or other data of a
confidential nature relative to defense of the Philippines.
 Two Ways of Committing Espionage under Art. 117.

 2. By disclosing to the representative of a foreign nation the contents of the

articles, data, or information referred to in the preceding paragraph No. 1 of
Art. 117, which he had in his possession by reason of the public office he
holds.
 Elements:
(a) That the offender is a public officer;
(b) That he has in his possession the articles, data or information referred to in
paragraph No. 1 of Art. 117, by reason of the public office he holds;
(c) That he discloses their contents to a representative of a foreign nation.
 PERSONS LIABLE IN TWO WAYS OF COMMITTING ESPIONAGE

1. Under par. No. 1 of Art. 117, the offender is any person, whether a citizen or a
foreigner, a private individual or a public officer.
 When the offender is a public officer or an employee, the penalty next higher
in degree shall be imposed.
1. Under the par. No. 2, the offender must be a public officer who has in his
possession the article, data or information by reasons of the public office he
holds.
 HOW TO IDENTIFY IF THE PERSON IS LIABLE OR NOT?

 To be liable under par. 1, the offender must have the intention to obtain information relative
to the defense of the Philippines.
 If the accused has no such intention, even if he takes possession of plans or photographs
referred to the paragraph No.1 of Art. 117, he is not liable under that provision.
 Even under Com. Act. No. 616, the offender in entering any of the places mentioned in Sec. 1
thereof must have the purpose of obtaining information respecting national defense.
 It is not necessary that information, etc. is obtained.
 Under the first way of committing espionage, it is not necessary that the offender should have
obtained any information, plans, etc. mentioned in paragraph No. 1 of Art. 117. It is sufficient
that he has the purpose to obtain any of them when he entered a warship, fort, or any naval or
military establishment.
 OTHER ACTS OF ESPIONAGE ARE PUNISHED BY
COMMONWHEALTH ACT NO. 616

 Section 1. Unlawfully obtaining or permitting to be obtained information affecting

national defense.
 Section 2. Unlawful disclosing of information affecting national defense.
 Section 3. Disloyal acts or words in time of peace.
 Section 4. Disloyal acts or words in time of war.
 Section 5. Conspiracy to violate preceding section.
 Section 6. Harboring or concealing violators of the law.
 ESPIONAGE VS. TREASON
 Espionage is a crime not conditioned by the citizenship of the offender, same as with treason.Treason
is committed only in time of war. Espionage may be committed both in time of peace and in time of
war.Treason is limited in two ways of committing the crime - 1) levying war; 2) adhering to the
enemy and giving himaid or comfort. Espionage may be committed in many ways (including
provisions of Commonwealth Act No. 616).
 PENALTY

 PRISION CORRECCIONAL

 6 months and 1 day to 6 years

 THREE ESPIONAGE CASES
 1. The Aldrich Ames espionage case: Aldrich Ames was a former CIA officer who was convicted of spying for
the Soviet Union and Russia. He compromised numerous CIA operations and agents, resulting in the deaths of
several individuals. Ames was arrested in 1994 and is currently serving a life sentence in prison.

 2. The Robert Hanssen espionage case: Robert Hanssen was an FBI agent who spied for the Soviet Union and
Russia for over 20 years. He provided classified information to the KGB and its successors, compromising
numerous national security secrets. Hanssen was arrested in 2001 and is serving a life sentence in prison.

 3. The Jonathan Pollard espionage case: Jonathan Pollard was a civilian intelligence analyst for the US Navy
who spied for Israel in the 1980s. He provided classified information to Israeli intelligence agencies,
compromising US national security interests. Pollard was arrested in 1985 and was sentenced to life in prison.
He was released on parole in 2015.
 Art. 118. Inciting to war or giving motives
for reprisals.
 The penalty of reclusion temporal shall be imposed upon any public officer or employee,
and that of prision mayor upon the private individual, who, by unlawful or unauthorized
acts, provokes or gives occasion for a war involving or liable to involve the Philippines
Islands or exposes Filipino citizens to reprisals on their persons or property.
 Elements:
 1.That the offender performs unlawful or unauthorized act.
 2.That such acts provoke or give occasion for a war involving or liable to involve the
Philippines Islands or exposes Filipino citizens to reprisals on their persons or property.
The intention of the offender is immaterial.
 To be liable for inciting to war or giving motives for reprisals, the intention of the
accused is a immaterial.
 If the unlawful or unauthorized acts of the accused provoke or give occasion for a
war involving or liable to involve the Philippines Islands or exposes Filipino
citizens to reprisals, the crime is committed regardless of his intentions. The law
considers the effects produced by the acts of the accused.
 Such acts might disturb the friendly relation that we have with a foreign country,
and they are penalized even if they constitute a mere imprudence.
 Committed in time of peace.
 The crime of inciting to war or giving motives of reprisals is committed in time of
peace.
 Penalty is higher when the offender is a public officer or employee.
 If the offender is a private individual, the penalty is prision mayor. If the offender is
a public offer or employee, the penalty is reclusion temporal.
 Art. 119. Violation of Neutrality.
 The penalty of prision correctional shall be inflicted upon anyone who, on the occasion of a war in which
the Government is not involved, violates any regulations issued by competent authority for the purpose of
enforcing neutrality.

 Elements:
 1.There is a war in which the Philippines is not involved.
 2.That there is a regulation issued by competent authority for the purpose of enforcing neutrality.
 3.That the offender violates such regulations.

 Neutrality, defined.
 A nation or power which takes no part in a contest of arms going on between others is referred to as
neutral.
 There must be regulation issued by competent authority for the enforcement of
neutrality.
 It is the violation of such regulation which constitutes the crime.