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– The
penalties prescribed for accessories shall not be imposed upon those
who are such with respect to their spouses, ascendants, descendants,
legitimate, natural, and adopted brothers and sisters, or relative by
affinity within the same degrees, with the single exception of accessories
Article 117. Espionage. – The penalty of prision correccional shall be inflicted upon any
person who:
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.
falling within the provisions of paragraph 1 of the next preceding article.
The crime is not conditioned on the citizenship of the offender.
Elements:
1. That the offender enters any of the places mentioned therein
2. That he has no authority therefor
3. That his purpose is to obtain information, plans, photographs or other
data of a confidential nature relative to the defense of the Philippines
The offender must have the intention to obtain information relative to
the defense of the Philippines. It is not necessary that he has obtained
the information; it is sufficient that he has the intent and has entered
the prohibited premises. The offender is any private individual-
whether a private citizen, an alien or a public officer.