Kenn Jaspher B.

Quinit

Bachelor of Science in Criminology, Lyceum of Subic Bay

Criminal Law 2

ATTY. LEILANI T. LAMPAZO-MORAÑA

January 26 2024

The Case Report: G.R. No. L-319 | March 28, 1946 (76
Phil. 415)

GO TIAN SEK SANTOS, petitioner,

vs.
ERIBERTO
MISA, Director of Prisons, respondent.
Facts of the case:
The petitioner avers he is a Chinese citizen apprehended
in February, 1945, by the Counter Intelligence Corps of
the United States Army, turned over last September, to the
Commonwealth Government, and since then detained by
the respondent as a political prisoner. Such detention, he
claims, is illegal, because he has not been charge before,
nor convicted by, the judge of a competent court, and
because he may not be confined under Act. No. 682, as he
owes allegiance neither to the United States nor to the
Commonwealth of the Philippines.
The Solicitor-General, for the respondent, admits the
detention, for active collaboration with the Japanese,
doubts the allegation of citizenship, and maintains that,
conceding arguendo petitioner's alienage, he may be
charged for espionage, a crime against national security
wherein allegiance is immaterial, and may, therefore, be
held in custody under Commonwealth Act No. 682.
Issues:
Whether or not petitioner can be convicted for the crime of
espionage, because he was found in active collaboration
with the Japanese, which may be charged with espionage, a
crime against national security, and the citizenship of the
offender does not matter. His foreign status does not
exclude him ipso facto from the scope of the above
provisions. As stated by the Solicitor-General, he might be
prosecuted for espionage, (Commonwealth Act No. 616) a
crime not conditioned by the citizenship of the offender,
and considered as an offense against national security.
Held:
Yes, petitioner may be held guilty for the crime of
espionage.

Under the Commonwealth Act No. 616, the following

are acts that may be punishable as crime of Espionage:

1.Unlawfully obtaining or permitting to be obtained

information affecting national defense;
2. Unlawful disclosing of information affecting national
defense;
3. Disloyal acts or words in times of peace;
4. Disloyal acts or words in times of war;
5. Conspiracy to violate preceding sections; and
6. Harboring or concealing violators of law.
Ratio:
Espionage is a crime under Article 117 of the Revised
Penal Code, which punishes any person who, without
authority, communicates or makes available to the enemy
any classified information. To establish guilt for
espionage, the prosecution must prove beyond reasonable
doubt that the accused transmitted classified information
to the enemy without authority. Coercion or duress may
be a defense to espionage if the accused can prove that he
or she was forced to commit the act against his or her
will.
Court Decisions:
The Supreme Court affirmed the conviction of Santos for
espionage. The Court held that the evidence presented by
the prosecution, including intercepted radio messages and
testimonies of witnesses, established Santos' guilt beyond
reasonable doubt. The Court also rejected Santos' defense
that he was coerced into transmitting the information,
stating that there was no evidence to support this claim.
Conclusion:
Santos was found guilty of espionage under Article 117 of
the Revised Penal Code and his conviction was affirmed
by the Supreme Court.

Reference:
GO TIAN SEK SANTOS vs ERIBERTO MISA
(https://lawphil.net/judjuris/juri1946/mar1946/gr_l-
319_1946.html)