COMMONWEALTH ACT NO.
616 by the Philippines or by the United States, or to any representative,
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 purpose
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 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 entrusted 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, willfully communicates or transmits or attempts to communicate
or transmit the same to any person not entitled to receive it, or willfully
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 entrusted 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.
Section2. Unlawful disclosing information affecting national
defense. — (a) Whoever, with the intent or reason to believe that it is to
be used to the injury of the Philippines or of the United 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
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.
Section3. 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.
Section4. Disloyal acts or words in time of war. — Whoever, when
the Philippines or the United States is at war, shall willfully 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 willfully 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 willfully 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.
Section5. 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 not 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.
Section6. 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 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.
Section7. 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.
Section8. 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.
Section9. 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.
Section10. 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.
Section11. 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 willfully 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.
Section12. 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 willfully
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.
Section13. 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 willfully 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.
Section14. 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 willfully 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.
Section15. 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 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.
Section16. This Act shall take effect upon its approval.
Approved : June 4, 1941.
 REPUBLIC ACT No. 6235
AN ACT PROHIBITING CERTAIN ACTS INIMICAL TO
CIVIL AVIATION, AND FOR OTHER PURPOSES.
Section 1. It shall be unlawful for any person to compel a change in
the course or destination of an aircraft of Philippine registry, or to
seize or usurp the control thereof, while it is in flight. An aircraft is in
flight from the moment all its external doors are closed following
embarkation until any of such doors is opened for disembarkation.
It shall likewise be unlawful for any person to compel an aircraft of
foreign registry to land in Philippine territory or to seize or usurp the
control thereof while it is within the said territory.
Section 2. Any person violating any provision of the foregoing
section shall be punished by an imprisonment of not less than twelve
years but not more than twenty years, or by a fine of not less than
twenty thousand pesos but not more than forty thousand pesos.
The penalty of imprisonment of fifteen years to death, or a fine of not
less than twenty-five thousand pesos but not more than fifty thousand
pesos shall be imposed upon any person committing such violation
under any of the following circumstances:
1. Whenever he has fired upon the pilot, member of the
crew or passenger of the aircraft;
2. Whenever he has exploded or attempted to explode any
bomb or explosive to destroy the aircraft; or
3. Whenever the crime is accompanied by murder,
homicide, serious physical injuries or rape.
Section 3. It shall be unlawful for any person, natural or juridical, to
ship, load or carry in any passenger aircraft operating as a public
utility within the Philippines, and explosive, flammable, corrosive or
poisonous substance or material.
Section 4. The shipping, loading or carrying of any substance or
material mentioned in the preceding section in any cargo aircraft
operating as a public utility within the Philippines shall be in
accordance with regulations issued by the Civil Aeronautics
Administration.
Section 5. As used in this Act
(1) "Explosive" shall mean any substance, either solid or
liquid, mixture or single compound, which by chemical
reaction liberates heat and gas at high speed and causes
tremendous pressure resulting in explosion. The term shall
include but not limited to dynamites, firecrackers, blasting
caps, black powders, bursters, percussions, cartridges and
other explosive materials, except bullets for firearm.
(2) "Flammable" is any substance or material that is highly
combustible and self-igniting by chemical reaction and
shall include but not limited to acrolein, allene, aluminum
dyethyl monochloride, and other aluminum compounds,
ammonium chlorate and other ammonium mixtures and
other similar substances or materials.
(3) "Corrosive" is any substance or material, either liquid,
solid or gaseous, which through chemical reaction wears
away, impairs or consumes any object. It shall include but
not limited to alkaline battery fluid packed with empty
storage battery, allyl chloroformate, allytrichlorosilane,
ammonium dinitro-orthocresolate and other similar
materials and substances.
(4) "Poisonous" is any substance or materials, except
medicinal drug, either liquid, solid or gaseous, which
through chemical reactions kills, injuries or impairs a living
organism or person, and shall include but not limited to
allyl isothiocyanate, ammunition (chemical, non-explosive
but containing Class A, B or poison), aniline oil, arsine,
bromobenzyle cyanide, bromoacetone and other similar
substances or materials.
Section 6. Any violation of Section three hereof shall be punishable
by an imprisonment of at least five years but not more than ten years
or by a fine of not less than ten thousand pesos but not more than
twenty thousand pesos: Provided, That if the violation is committed
by a juridical person, the penalty shall be imposed upon the manager,
representative, director, agent or employee who violated, or caused,
directed, cooperated or participated in the violation
thereof: Provided, further, That in case the violation is committed in
the interest of a foreign corporation legally doing business in the
Philippines, the penalty shall be imposed upon its resident agent,
manager, representative or director responsible for such violation and
in addition thereto, the license of said corporation to do business in
the Philippines shall be revoked.
Any violation of Section four hereof shall be an offense punishable
with the minimum of the penalty provided in the next preceding
paragraph.
Section 7. For any death or injury to persons or damage to property
resulting from a violation of Sections three and four hereof, the
person responsible therefor may be held liable in accordance with the
applicable provisions of the Revised Penal Code.
Section 8. Aircraft companies which operate as public utilities or
operators of aircraft which are for hire are authorized to open and
investigate suspicious packages and cargoes in the presence of the
owner or shipper, or his authorized representatives if present; in order
to help the authorities in the enforcement of the provisions of this
Act: Provided, That if the owner, shipper or his representative refuses
to have the same opened and inspected, the airline or air carrier is
authorized to refuse the loading thereof.
Section 9. Every ticket issued to a passenger by the airline or air
carrier concerned shall contain among others the following condition
printed thereon: "Holder hereof and his hand-carried luggage(s) are
subject to search for, and seizure of, prohibited materials or
substances. Holder refusing to be searched shall not be allowed to
board the aircraft," which shall constitute a part of the contract
between the passenger and the air carrier.
Section 10. The Civil Aeronautics Administration is hereby directed
to promulgate within one month after the approval of this Act such
regulations as are provided in Section four hereof and cause the
publication of such rules and regulations in the Official Gazette and
in a newspaper of national circulation for at least once a week for
three consecutive weeks. Such regulations shall take effect fifteen
days after publication in the Official Gazette.
Section 11. This Act shall take effect after the publication mentioned
in the preceding section.
Approved: June 19, 1971