Article 67Act No. 3815, Sec./Art. 67

Penalty to be imposed token not all the requisites of exemption of the fourth circumstance of article 12 are present.-When all the conditions required in circumstance number 4 of article 12 of this Code to exempt from criminal liability are not present, the penalty of arresto mayor in its maximum period to prision correccional in its minimum period shall be imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its minimum and medium periods, if of a less grave felony.

REVISED PENAL CODE TEXT AND SPECIAL PENAL LAWS

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,

blueprint,

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 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 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,

blueprint,

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 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

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