QuestionsQuestions (Commonwealth Act No. 616)
It must prove that the accused, for the purpose of obtaining information respecting national defense, had intent or reason to believe the information would be used to injure the Philippines or the United States or to advantage a foreign nation, and that he entered/goes upon/flew over/otherwise obtained such information from places or items connected with national defense described in the section.
Section 1(b) penalizes copying, taking, making, or obtaining (or attempts to do so), or inducing/aid another to copy/take/make/obtain any sketch, photograph, blueprint, plan, map, model, document, writing, or note connected with national defense. The common element is the purpose of obtaining information for national defense with intent or reason to believe it will be used to injure the Philippines/U.S. or advantage a foreign nation.
Section 1(c) covers receiving/obtaining (or agreeing/attempting/inducing another to receive/obtain) national defense documents or information knowing or having reason to believe that it has been or will be obtained/taken/made/disposed of contrary to the Act. Unlike 1(a)/1(b), it focuses on the receiver’s knowledge about the unlawful acquisition.
Under 1(d), liability arises when the accused (1) willfully communicates/transmits or attempts to communicate/transmit national defense documents or information to persons not entitled to receive it, or (2) willfully retains it and fails to deliver it on demand to the officer/employee entitled to receive it—triggered by the accused having lawful or unlawful possession/access/control or being entrusted with such materials.
Section 1(e) requires gross negligence: the accused, intrusted or in lawful possession/control, through gross negligence permits removal from proper custody or delivery to unauthorized persons, or permits the materials to be lost, stolen, abstracted, or destroyed.
It must be shown that the accused, with intent or reason to believe the information would be used to injure the Philippines or U.S. or to advantage a foreign nation, communicated/delivered/transmitted (or attempted or aided/induced another to do so) to a foreign government, representative/officer/agent/employee/subject/citizen thereof, whether the government is recognized or unrecognized.
If committed in time of peace: imprisonment for not more than twenty years. If committed in time of war: death or imprisonment for not more than thirty years.
It prohibits collecting, recording, publishing, or communicating (or attempting to elicit) information about movement/number/description/condition/disposition of armed forces, ships, aircraft, war materials, or plans/conduct of military/naval/air operations, fortification/defense measures, or other public defense information useful to the enemy—when done in time of war with intent that it be communicated to the enemy.
With intent to interfere with, impair, or influence loyalty, morale, or discipline of the military/naval/air forces, it is unlawful to advise/counsel/urge/cause insubordination/disloyalty/mutiny/refusal of duty, or distribute written/printed matter advising/counseling/urging such acts. The protected interest is loyalty, morale, and discipline of the armed forces.
It must be shown that when the Philippines or U.S. is at war, the accused willfully made or conveyed false reports/statements with intent to interfere with operation/success of the armed forces or promote enemies’ success, and that he willfully caused/attempted to cause insubordination/disloyalty/mutiny/refusal of duty, or willfully obstructed recruiting/enlistment service to the injury of the service.
If two or more persons conspire and one or more do not act to effect the conspiracy’s object, each party is punished as provided for the doing of the act that is the object of the conspiracy—i.e., conspiracy liability mirrors the penalties for the intended offense.
The accused must harbor or conceal a person whom he knows or has reasonable ground to believe or suspect has committed, or is about to commit, an offense under the Act. Maximum penalty is imprisonment of not more than ten years and a fine not more than ten thousand pesos.
In time of war or national emergency, the President may designate by proclamation any additional place (other than those in Section 1(a)) as a prohibited place for this Act, but must determine that information about it would be prejudicial to national defense.
When vital installations are defined as requiring protection, it is unlawful to make photographs/sketches/pictures/drawings/maps/graphical representations without first obtaining permission of the commanding officer (or higher authority) and promptly submitting the product for censorship or action by the authority. Violation: imprisonment up to one year, or fine up to two thousand pesos, or both.
Section 9 makes anyone who uses/permits/procures use of an aircraft to make such photographs/sketches/drawings/maps/graphical representations in violation of Section 8 liable under the penalty in Section 8.
After the President defines a vital installation category under Section 8, it is unlawful to reproduce/publish/sell/give away such depictions without permission of the commanding officer or higher authority—unless the depiction clearly indicates that it has been censored by proper military/naval/air authority.
All are framed for when the Philippines or U.S. is at war, and require intent (or reason to believe) that the act may injure/interfere/obstruct the Philippines or U.S. or any associate nation in preparing for or carrying on war; Sections 11–12 focus on injury/destruction or defective making (with an intent to injure/interfere or reason to believe), while Sections 13–14 focus similarly on national defense material/premises/utilities and defective production related thereto.
“War/national defense material” includes arms, ammunition, clothing stores, food, fuel, supplies, munitions, and other articles/parts intended or adapted for use in war/national defense. “Premises” covers buildings/grounds/places where such material is produced/manufactured/repaired/stored/mined/distributed/loaded/unloaded/transported, including ports, arsenals, navy yards, camps, and military installations. “Utilities” covers transport facilities and infrastructure enabling movement and supply—railroads, roads, canals/locks/dams/wharves/bridges, power lines, communications plants (telephone/telegraph/wireless) and connected buildings supplying power, communications, water, gas, or oil to defense premises/forces.
“Foreign government” includes any government, faction, or body of insurgents within a country with which the Philippines/U.S. is at peace, regardless of recognition by the Philippines/U.S. This broad definition means disclosures to insurgent factions can fall within Section 2(a)’s “foreign government” recipients.