Title
Espionage and National Security Law
Law
Commonwealth Act No. 616
Decision Date
Jun 4, 1941
Commonwealth Act No. 616 is a Philippine law enacted in 1941 to punish espionage and offenses against national security, covering acts such as unlawfully obtaining and disclosing information, engaging in disloyal acts, spreading false reports, and destroying war material, with violators facing imprisonment and fines.

Law Summary

Unauthorized Disclosure of National Defense Information

  • Penalizes communication or transmission of national defense information to foreign governments or entities intending to harm the Philippines or U.S.
  • Applies both in peacetime and wartime, with harsher penalties during war, including potential death penalty.
  • Covers information about armed forces, military operations, and defense works useful to enemies.

Unlawful Acts Against Military Loyalty in Peace Time

  • Makes it unlawful to incite insubordination, mutiny, or disloyalty among military personnel.
  • Prohibits distribution of materials encouraging such disloyalty or refusal of duty.
  • Penalties include imprisonment up to 10 years, fines up to ten thousand pesos, or both.

Disloyal Acts During Wartime

  • Criminalizes willful false reporting or statements intending to harm military operations or promote enemy success during war.
  • Prohibits causing insubordination or obstructing military recruitment/enlistment.
  • Punishable by imprisonment up to 20 years, fines up to twenty thousand pesos, or both.

Conspiracy to Commit Espionage and Related Offenses

  • Establishes liability for all conspirators involved in violations of espionage, disclosure, or disloyalty sections.
  • Punishments mirror those prescribed for the substantive offenses.

Harboring or Concealing Offenders

  • Criminalizes harboring or concealing persons known or suspected to have committed offenses under this Act.
  • Punishable by imprisonment up to 10 years and fines up to ten thousand pesos.

Presidential Power to Declare Prohibited Places

  • Allows the President during war or national emergency to designate additional prohibited places related to defense.
  • Such designation protects areas involved in preparing or storing military materials when disclosure threatens national defense.

Regulation of Visual Reproduction of Defense Installations

  • Requires permission and submission for censorship before photographing or sketching vital military installations.
  • Violations penalized by imprisonment up to one year, fines up to two thousand pesos, or both.

Use of Aircraft in Unauthorized Reconnaissance

  • Applies the same penalties for using aircraft to photograph or sketch protected installations without proper authorization.

Unauthorized Reproduction and Distribution of Defense Images

  • Prohibits reproduction, publication, or sale of uncensored visual materials of vital military installations.
  • Requires proof of prior military censorship or permission.
  • Violators subject to penalties as per Section 8.

Destruction or Damage to War Materials During War

  • Criminalizes willful injury, destruction, or attempts thereof to war materials, premises, or utilities during wartime.
  • Penalties include imprisonment up to 30 years and fines up to thirty thousand pesos.

Production of Defective War Materials

  • Prohibits intentional manufacturing of defective war materials or tools used to produce them during wartime.
  • Same penalties as destruction offenses apply.

Damaging National Defense Assets

  • Penalizes willful injury or destruction of national defense materials, premises, or utilities at any time.
  • Imposes imprisonment up to 10 years or fines up to ten thousand pesos, or both.

Defective Manufacture of National Defense Materials

  • Criminalizes the making of defective national defense materials or production tools with intent to harm national defense.
  • Punishments include imprisonment up to 10 years, fines up to ten thousand pesos, or both.

Definitions of Key Terms

  • Defines "aircraft," "post/camp/station," and "war or national defense material/premises/utilities" elaborately.
  • Clarifies scope to include naval vessels, military aircraft, buildings, communication equipment, and related utilities.
  • Defines "associate nation" as any nation at war with a nation hostile to the Philippines or the United States.
  • Expands "foreign government" to include recognized and unrecognized entities, factions, or insurgents in countries at peace.

Effectivity

  • The Act takes effect immediately upon approval.

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