Question & AnswerQ&A (Commonwealth Act No. 616)
The main purpose of Commonwealth Act No. 616 is to punish espionage and other offenses against national security in the Philippines.
Under Section 1, unlawful acts include entering or obtaining information about defense-related places or materials with intent to harm the Philippines or advantage a foreign nation, copying or obtaining defense-related documents or sketches, receiving such information knowing it was unlawfully obtained, communicating defense secrets without authorization, or gross negligence in handling defense-related materials.
The penalty is imprisonment for not more than ten years and may also include a fine of not more than ten thousand pesos.
Section 2 states that communicating or transmitting defense-related information to any foreign government or hostile entities with intent to injure the Philippines is punishable by imprisonment for up to twenty years in peacetime, or death/imprisonment up to thirty years in wartime.
Anyone advising, urging, or causing insubordination, disloyalty, mutiny, or refusal of duty among military forces, or distributing material promoting such acts, can be punished by imprisonment of up to ten years, a fine up to ten thousand pesos, or both.
Section 4 punishes false reports or statements intended to interfere with military operations or promote enemies' success, causing insubordination or obstructing recruitment, with penalties including imprisonment up to twenty years or fines up to twenty thousand pesos, or both.
If two or more persons conspire to violate sections 1, 2, 3, or 4, each conspirator may be punished as if they committed the act intended by the conspiracy, even if the act was not accomplished.
Harboring or concealing a person believed to have committed or about to commit offenses under the Act is punishable by imprisonment of up to ten years and may include a fine up to ten thousand pesos.
The President of the Philippines may designate additional prohibited places in time of war or national emergency if the information concerning those places would prejudice national defense.
Sections 8 and 9 prohibit making or distributing photographs, sketches, or maps of defined vital military installations without permission and subject to censorship by commanding officers. Violations may result in imprisonment of up to one year, fines up to two thousand pesos, or both.
Willful injury or destruction of war materials may result in imprisonment up to thirty years and/or fines of up to thirty thousand pesos. Similar acts regarding national defense materials in times other than war may lead to imprisonment of up to ten years and/or fines up to ten thousand pesos.
War or national defense materials include arms, ammunition, food, fuel, and other supplies adapted for use in war; utilities include railways, electric lines, roads, ports, bridges, and communication plants used in connection with war or national defense.
Willfully making or causing to be made defective war materials or tools used in their manufacture or repair, with intent to harm or obstruct war efforts, can result in imprisonment of up to thirty years and/or fines up to thirty thousand pesos.
The Act took effect upon its approval on June 4, 1941.