COMMONWEALTH ACT NO.
616 it is to be used to the injury of the Philippines or of the United
AN ACT TO PUNISH ESPIONAGE AND OTHER OFFENSES
AGAINST THE NATIONAL SECURITY
SECTION 1. Unlawfully obtaining or permitting to be obtained
information affecting national defense. — (a) Whoever, for the
purposes of obtaining information respecting the national defense
with intent or reason to believe that the information to be obtained
is to be used to the injury of the Philippines or of the United
States, or to the advantage of any foreign nation, goes upon,
enters, flies over, or otherwise obtains information concerning any
vessel, aircraft, work of defense, navy yard, naval station,
submarine base, coaling station, fort, battery, torpedo station,
dockyard, canal, railroad, arsenal, camp, factory, mine, telegraph,
telephone, wireless, or signal station, building, office, or other
place connected with the national defense, owned or constructed,
or in progress of construction by the Philippines or by the United
States or under the control of the Philippines or of the United
States, or any of its officers or agents, or within the exclusive
jurisdiction of the Philippines or of the United States, or any place
in which any vessel, aircraft, arms, munitions, or other materials
or instruments for the use in time of war are being made,
prepared, repaired, or stored, under any contract or agreement
with the Philippines or the United States, or with any person on
behalf of the Philippines or the United States, or otherwise on
behalf of the Philippines or the United States, or any prohibited
place within the meaning of section six hereof; or
(b) Whoever, for the purpose aforesaid, and with like intent or
reason to believe, copies, takes, makes, or obtains, or attempts,
or induces or aids another to copy, take, make, or obtain, any
sketch, photograph, photographic negative, blue print, plan, map,
model, instrument, appliance, document, writing, or note of
anything connected with the national defense; or
(c) Whoever, for the purpose aforesaid, receives or obtains or
agrees or attempts or induces or aids another to receive or obtain
from any person, or from any source whatever, any document,
writing, code book, signal book, sketch, photograph, photographic
negative, blue print, plan, map, model, instrument, appliance, or
note of anything connected with the national defense, knowing or
having reason to believe, at the time he receives or obtains, or
agrees or attempts or induces or aids another to receive or obtain
it, that it has been or will be obtained, taken, made, or disposed of
by any person contrary to the provisions of this Act; or
(d) Whoever, lawfully or unlawfully having possession of, access
to, control over, or being intrusted with any document, writing,
code book, signal book, sketch, photograph, photographic
negative, blue print, plan, map, model, instrument, appliance, or
note relating to the national defense, wilfully communicates or
transmits or attempts to communicate or transmit the same to any
person not entitled to receive it, or wilfully retains the same and
fails to deliver it on demand to the officer or employee of the
Philippines or of the United States entitled to receive it; or
(e) Whoever, being intrusted with or having lawful possession or
control of any document, writing, code book, signal book, sketch,
photograph, photographic negative, blue print, plan, map, model,
note or information, relating to the national defense, through
gross negligence permits the same to be removed from its proper
place of custody or delivered to anyone in violation of this trust or
to be lost, stolen, abstracted, or destroyed, shall be punished by
imprisonment for not more than ten years and may, in addition
thereto, be fined not more than ten thousand pesos.
SECTION 2. Unlawful disclosing information affecting national
defense. — (a) Whoever, with the intent or reason to believe that
States or to the advantage of a foreign nation, communicates,
delivers, or transmits, or attempts to, or aids or induces another
to, communicate, deliver, or transmit to any foreign government,
or any faction or party or military or naval force within a foreign
country, whether recognized or unrecognized by the Philippines
or by the United States, or to any representative, officer, agent,
employee, subject, or citizen thereof, either directly or indirectly,
any document, writing, code book, signal book, sketch,
photograph, photographic negative, blue print, plan, map, model,
instrument, appliance, or information relating to the national
defense, shall be punished by imprisonment for not more than
twenty years, if the offense is committed in time of peace, or by
death or imprisonment for not more than thirty years, if it is in time
of war.
(b) Whoever, in time of war with intent that the same shall be
communicated to the enemy, shall collect, record, publish, or
communicate, or attempt to elicit any information with respect to
the movement, number, description, condition, or disposition of
any of the armed forces, ships, aircraft, or war materials of the
Philippines or of the United States, or with respect to the plans or
conduct, or supposed plans or conduct of any military, naval, or
air operations, or with respect to any works or measures
undertaken for or connected with, or intended for the fortification
or defense of any place, or any other information relating to the
public defense which might be useful to the enemy, shall be
punished by death or by imprisonment for not more than thirty
years.
SECTION 3. Disloyal acts or works in time of peace. — It shall be
unlawful for any person, with intent to interfere with, impair, or
influence the loyalty, morale, or discipline of the military, naval, or
air forces of the Philippines or of the United States: (a) to advise,
counsel, urge, or in any manner cause insubordination, disloyalty,
mutiny, or refusal of duty by any member of the military, naval, or
air forces of the Philippines or of the United States; or (b) to
distribute any written or printed matter which advises, counsels,
or urges insubordination, disloyalty, mutiny, or refusal of duty by
any member of the military, naval, or air forces of the Philippines
or of the United States. The violation of this section shall be
punished by imprisonment for not more than ten years, or by fine
not more than ten thousand pesos, or both.
SECTION 4. Disloyal acts or words in time of war. — Whoever,
when the Philippines or the United States is at war, shall wilfully
make or convey false reports or false statements with the intent to
interfere with the operation or success of the military, naval, or air
forces of the Philippines or of the United States or to promote the
success of its enemies shall wilfully cause or attempt to cause
insubordination, disloyalty, mutiny, or refusal of duty, in the
military, naval, or air forces of the Philippines or the United
States, or shall wilfully obstruct the recruiting or enlistment service
of the Philippines or of the United States, to the injury of the
service of the Philippines or of the United States, shall be
punished by imprisonment for not more than twenty years, or by a
fine of not more than twenty thousand pesos, or both.
SECTION 5. Conspiracy to violate preceding sections. — If two or
more persons conspire to violate the provisions of sections one,
two, three, or four of this Act, and one or more of such persons
does any act to effect the object of the conspiracy, each of the
parties to such conspiracy shall be punished as in said sections
provided in the case of the doing of the act the accomplishment of
which is the object of such conspiracy.
SECTION 6. Harboring or concealing violators of the law. —
Whoever harbors or conceals any person who he knows, or has
reasonable ground to believe or suspect, has committed, or is
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about to commit, an offense under this Act, shall be punished by
imprisonment of not more than ten years and may, in addition
thereto, be fined not more than ten thousand pesos.
SECTION 7. Designation of prohibited places by proclamation. —
The President of the Philippines in time of war or in case of
national emergency may by proclamation designate any place
other than those set forth in subsection (a) of section one hereof
in which anything for the use of the army, navy, or air forces are
being prepared or constructed or stored as a prohibited place for
the purpose of this Act: Provided, That he shall determine that
information with respect thereto would be prejudicial to the
national defense.
SECTION 8. Photographing, etc., defensive installations
regulated; penalties. — Whenever, in the interests of national
defense, the President of the Philippines shall define certain vital
military, naval, or air installations or equipment as requiring
protection against the general dissemination of information
relative thereto, it shall be unlawful to make any photograph,
sketch, picture, drawing, map, or graphical representation of such
vital military, naval, and air installations or equipment without first
obtaining permission of the commanding officer of the military,
naval, or air post, camp, or station concerned, or higher authority,
and promptly submitting the product obtained to such
commanding officer or higher authority for censorship or such
other action as he may deem necessary. Any person found guilty
of a violation of this section shall be punished by imprisonment for
not more than one year, or by a fine of not more than two
thousand pesos, or both.
SECTION 9. Photographing, etc., from aircraft. — Any person
who uses or permits or procures the use of an aircraft for the
purpose of making a photograph, sketch, picture, drawing, map,
or graphical representation of vital military, naval or air
installations or equipment, in violation of section eight of this Act,
shall be liable to the penalty therein provided.
SECTION 10. Reproducing, publishing, selling, etc., uncensored
copies. — After the President of the Philippines shall have
defined any vital military, naval, or air installation or equipment as
being within the category contemplated under section eight of this
Act, it shall be unlawful for any person to reproduce, publish, sell,
or give away any photograph, sketch, picture, drawing, map or
graphical representation of the vital military, naval, or air
installations or equipment so defined, without first obtaining
permission of the commanding officer of the military, naval, or air
post, camp, or station concerned, or higher authority, unless such
photograph, sketch, picture, drawing, map, or graphical
representation has clearly indicated thereon that it has been
censored by the proper military, naval, or air authority. Any
person found guilty of a violation of this section shall be punished
as provided in section eight of this Act.
SECTION 11. Destroying or injuring or attempting to injure or
destroy war material in time of war. — When the Philippines or
the United States is at war, whoever, with intent to injure, interfere
with, or obstruct the Philippines or the United States or any
associate nation in preparing for or carrying on the war, or
whoever, with reason to believe that his act may injure, interfere
with, or obstruct the Philippines or the United States or any
associate nation in preparing for or carrying on the war, shall
wilfully injure or destroy, or shall attempt to so injure or destroy,
any war material, war premises, or war utilities, as herein defined,
shall be imprisoned not more than thirty years or be fined not
more than thirty thousand pesos, or both.
SECTION 12. Making or causing war material to be made in
defective manner. — When the Philippines or the United States is
at war, whoever, with intent to injure, interfere with, or obstruct the
Philippines or the United States or any associate nation in
preparing for or carrying on the war, or whoever, with reason to
believe that his act may injure, interfere with, or obstruct the
Philippines or the United States or any associate nation in
preparing for or carrying on the war, shall wilfully make or cause
to be made in a defective manner, or attempt to make or cause to
be made in a defective manner, any war material, as herein
defined, or any tool, implement, machine, utensil, or receptacle
used or employed in making, producing, manufacturing, or
repairing any such war material, as herein defined, shall be
imprisoned not more than thirty years or be fined not more than
thirty thousand pesos, or both.
SECTION 13. Injuring or destroying national defense material,
premises, or utilities. — Whoever, with intent to injure, interfere
with, or obstruct the national defense of the Philippines or the
United States shall wilfully injure or destroy, or shall attempt to so
injure or destroy, any national defense material, national defense
premises, or national defense utilities, as herein provided, shall
be imprisoned not more than ten years or be fined not more than
ten thousand pesos, or both.
SECTION 14. Making or causing to be made in a defective
manner, or attempting to make or cause to be made in a defective
manner, national defense material. — Whoever, with intent to
injure, interfere with, or obstruct the national defense of the
Philippines or of the United States, shall wilfully make or cause to
be made in a defective manner, or attempt to make or cause to
be made in a defective manner, any national defense material, as
herein defined, or any tool, implement, machine, utensil, or
receptacle used or employed in making, producing,
manufacturing, or repairing any such national defense material,
as herein defined, shall be imprisoned not more than ten years, or
fined not more than ten thousand pesos, or both.
SECTION 15. Definition of terms. — The term “aircraft” as used in
this Act means any contrivance known or hereafter invented,
used, or designed for navigation or flight in the air. The
expression “post, camp, or station” as used in this Act shall be
interpreted to include naval vessels, military and naval aircraft,
and any separate military, naval or air command.
The words “war or national defense material” as used herein shall
include arms, armament, ammunition, livestock, stores of
clothing, food, foodstuffs, or fuel; and shall also include supplies,
munitions, and all other articles of whatever description, and any
part or ingredient thereof, intended for, adapted to, or suitable for
the use of the Philippines or the United States, or any associate
nation, in connection with the conduct of war or national defense.
The words “war or national defense premises,” as used herein,
shall include all buildings, grounds, mines, or other places
wherein such war or national defense material is being produced,
manufactured, repaired, stored, mined, extracted, distributed,
loaded, unloaded, or transported, together with all machinery and
appliances therein contained; and all ports, arsenals, navy yards,
prisons, camps, or other military, naval, or air stations of the
Philippines or the United States or any associate nation.
The words “war or national defense utilities,” as used herein, shall
include all railroads, railways, electric lines, roads of whatever
description, railroad or railway fixture, canal, lock, dam, wharf,
pier, dock, bridge, building, structure, engine, machine,
mechanical contrivance, car, vehicle, boat, or aircraft, or any
other means of transportation whatsoever, whereon or whereby
such war or national defense material or any troops of the
Philippines or of the United States, or of any associate nation, are
being or may be transported either within the limits of the
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Philippines or the United States or upon the high seas; and all
dams, reservoirs, aqueducts, water and gas mains, oil or gasoline
stations, pipes, structures, and buildings, whereby or in
connection with which water, or gas, or oil, or gasoline, or other
fluid is being furnished, or may be furnished, to any war or
national defense premises or to the military, naval, or air forces of
the Philippines or the United States, or any associate nation, and
all electric light and power, steam or pneumatic power, telephone,
and telegraph plants, poles, wires, and fixtures and wireless
stations, and the buildings connected with the maintenance and
operation thereof used to supply water, light, heat, gas, oil,
gasoline, fluid, power, or facilities of communication to any war or
national defense premises or to the military, naval, or air forces of
the Philippines or of the United States, or any associate nation.

The words “associate nation,” as used in this chapter, shall be

deemed to mean any nation at war with any nation with which the
Philippines or the United States is at war.

The words “foreign government,” as used in this Act, shall be

deemed to include any government, faction, or body of insurgents
within a country with which the Philippines or United States is at
peace, which government, faction, or body of insurgents may or
may not have been recognized by the Philippines or the United
States as a government.

SECTION 16. This Act shall take effect upon its approval.

Approved: June 4, 1941

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BOOK TWO
CRIMES AND PENALTIES
Title One
CRIMES AGAINST NATIONAL SECURITY AND THE LAW OF
NATIONS
Chapter One
CRIMES AGAINST NATIONAL SECURITY
Section One. - Treason and espionage
Article 114. Treason. - Any person who, owing allegiance to (the
United States or) the Government of the Philippine Islands, not
being a foreigner, levies war against them or adheres to their
enemies, giving them aid or comfort within the Philippine Islands
or elsewhere, shall be punished by reclusion temporal to death
and shall pay a fine not to exceed P20,000 pesos.
No person shall be convicted of treason unless on the testimony
of two witnesses at least to the same overt act or on confession of
the accused in open court.
Likewise, an alien, residing in the Philippine Islands, who commits
acts of treason as defined in paragraph 1 of this Article shall be
punished by prision mayor to death and shall pay a fine not to
exceed P20,000 pesos. (As amended by E.O. No. 44, May 31,
1945).
Article 115. Conspiracy and proposal to commit treason;
Penalty. - The conspiracy or proposal to commit the crime of
treason shall be punished respectively, by prision mayor and a
fine not exceeding P10,000 pesos, and prision correccional and a
fine not exceeding P5,000 pesos.
Article 116. Misprision of treason. - Every person owing
allegiance to (the United States) the Government of the Philippine
Islands, without being a foreigner, and having knowledge of any
conspiracy against them, conceals or does not disclose and make
known the same, as soon as possible to the governor or fiscal of
the province, or the mayor or fiscal of the city in which he resides,
as the case may be, shall be punished as an accessory to the
crime of treason.
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.
Section Two. - Provoking war and disloyalty in case of war
Article 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 any private
individual, who, by unlawful or unauthorized acts provokes or
gives occasion for a war involving or liable to involve the
Philippine Islands or exposes Filipino citizens to reprisals on their
persons or property.
Article 119. Violation of neutrality. - The penalty of prision
correccional shall be inflicted upon anyone who, on the occasion
of a war in which the Government is not involved, violates any
regulation issued by competent authority for the purpose of
enforcing neutrality.
Article 120. Correspondence with hostile country. - Any person
who in time of war, shall have correspondence with an enemy
country or territory occupied by enemy troops shall be punished:
1. By prision correccional, if the correspondence has
been prohibited by the Government;
2. By prision mayor, if such correspondence be carried
on in ciphers or conventional signs; and
3. By reclusion temporal, if notice or information be given
thereby which might be useful to the enemy. If the
offender intended to aid the enemy by giving such notice
or information, he shall suffer the penalty of reclusion
temporal to death.
Article 121. Flight to enemy country. - The penalty of arresto
mayor shall be inflicted upon any person who, owing allegiance to
the Government, attempts to flee or go to an enemy country when
prohibited by competent authority.
Section Three. - Piracy and mutiny on the high seas or in
Philippine waters
Article 122. Piracy in general and mutiny on the high seas. - The
penalty of reclusion temporal shall be inflicted upon any person
who, on the high seas, shall attack or seize a vessel or, not being
a member of its complement nor a passenger, shall seize the
whole or part of the cargo of said vessel, its equipment, or
personal belongings of its complement or passengers.
The same penalty shall be inflicted in case of mutiny on the high
seas or in Philippine waters.
Article 123. Qualified piracy. - The penalty of reclusion temporal
to death shall be imposed upon those who commit any of the
crimes referred to in the preceding article, under any of the
following circumstances:
1. Whenever they have seized a vessel by boarding or
firing upon the same;
2. Whenever the pirates have abandoned their victims
without means of saving themselves; or
3. Whenever the crime is accompanied by murder,
homicide, physical injuries or rape.
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