data or information referred to in paragraph no.

1 of Article 117, which he had in his

possession by reason of the public office he holds.
Elements:
1. That the offender is a public officer
2. That he has in his possession the articles, data or information referred to in
paragraph no. 1 of Article 117, by reason of the public office he holds
3. That he discloses their contents to a representative of a foreign nation
The offender must be a public officer who has in his possession the articles, data or
information by reason of the office he holds. Taking advantage of his official position, he
reveals the information which is confidential and relevant to the defense of the
Philippines.
Not all public officers or employees can commit the crime. If the offender is not the
custodian of the said document, he is not liable for espionage under Article 177 but he
is liable for violation of C.A. 616 if he discloses the said information relative to the
defense of the Philippines.

If the information disclosed to a representative of a foreign nation does not relate to the
defense of the Philippines and the offender is the custodian thereof, his liability will not
be under Art. 117 but he is liable for another crime- infidelity in the custody of public
records.
Acts punishable under CA 616 (An Act to Punish Espionage and Other Offenses Against the
National Security):
Sec. 1: Unlawful obtaining or permitting to be obtained information affecting national
defense
Sec. 2: Unlawful disclosing information affecting national defense
Sec. 3: Disloyal acts or words in time of peace
Sec. 4: Disloyal acts or words in time of war
Sec. 5: Conspiracy to violate preceding sections
Sec. 6: Harboring or concealing violators of the law Sec. 8: Photographing vital military
information

Treason Espionage
The offender is a Filipino citizen or resident alien, the crime is not conditioned on the
citizenship of offender
Committed during war time Committed during war time or peace time
There are 2 ways of committing treason There are many ways of committing it
Mala in se Mala in se if prosecuted under Art. 117; or
Mala prohibita if prosecuted under CA
616.