NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session
)
SENATE
s. No. 2368
o! t!)e
23 JUL27 A 8:27
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
EXPANDING THE COVERAGE OF ESPIONAGE, AMENDING FOR THE 
PURPOSE COMMONWEALTH ACT NO. 616, OTHERWISE KNOWN AS "AN ACT 
TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL 
SECURITY", AND PROVIDING HIGHER PENALTIES FOR VIOLATIONS 
THEREOF
EXPLANATORY NOTE
Espionage is defined as the offense of gathering, transmitting, or iosing 
information respecting the national defense with intent or reason to beiieve that the 
information is to be used to the injury of the Repubiic of the Phiiippines or to the 
advantage of any foreign nation1. It is one of the four crimes against nationai security 
under the Revised Penal Code - the other three are treason, conspiracy and proposai 
to commit treason, and misprision of treason. Espionage is a crime not conditioned by 
the citizenship of the offender, as in treason. Whiie treason is committed only in time 
of war, espionage may be committed in time of peace and in time of war2.
The Phiiippines' primary measures on espionage were enacted into iaw as far 
back as the 1930s and 1940s, nameiy Commonwealth Act No. 616 or "An Act to Punish 
Espionage and Other Offenses Against the National Security" signed in June 1941, and 
the Revised Penal Code which took effect in 1932, particuiariy Articie 117 thereof.
1 Reyes, Luis. B. The Revised Penal Code Criminal Law, Book Two, Articles 114-367. 2021 Edition.
2 Ibid.


Under prevailing laws, only information, materials, and other concerns 
pertaining to "national defense" unlawfully obtained and/or disclosed to the injury of 
the Philippines or to the advantage of any foreign nation constitute espionage with 
the penalty of imprisonment ranging from not more than ten years to thirty years, and 
a fine of Two thousand to Thirty thousand pesos. Under the Revised Penal Code, 
espionage is meted with the penalty of prision correcciona! or imprisonment from six 
months and one day to six years. This measure proposes stiffer penalties such as life 
imprisonment and heftier fines (at least one million pesos) for the commission of 
espionage.
It Is imperative to update the provisions of the said laws and increase the 
penalties thereof to protect government information, including classified matters 
relevant to the preservation and protection of national security, from theft, wrongful 
destruction or alteration, misappropriation and conversion by any person including 
foreign governments and their agents or instrumentalities. In addition, provisions of 
the law are revised to take into account advancements in technology, to include 
electronic forms of documents and other information as well as cybersecurity.
Considering the antiquated nature of our espionage laws which were approved 
more than eight decades ago and the major changes in the national defense and 
security landscape since then, today Is an opportune time to revisit pertinent policies 
and introduce appropriate amendments therein.
The passage of this legislation is earnestly sought.
NGGOY EJERCITO ESTRADA


NINETEENTH CONGRESS OF THE 
)
REPUBLIC OF THE PHILIPPINES 
)
Second Regular Session 
)
(©fficp of tl)s? rvetarp
23 JUL27 A 8:27
S. No.
SENATE
2368
RECEIVcD BV:
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
EXPANDING THE COVERAGE OF ESPIONAGE, AMENDING FOR THE 
PURPOSE COMMONWEALTH ACT NO. 616, OTHERWISE KNOWN AS "AN ACT 
TO PUNISH ESPIONAGE AND OTHER OFFENSES AGAINST THE NATIONAL 
SECURITY", AND PROVIDING HIGHER PENALTIES FOR VIOLATIONS 
THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
1 
Section 1. Short Title. -This Act shall be known as the "An Act Expanding the
2 
Coverage of Espionage."
3 
Sec. 2. Definition of Terms. - As used this Act, the following terms shall mean:
4 
a) Aircraft means any contrivance known or hereafter invented, used, or
5 
designed for navigation or flight in the air. The expression "post, camp, or
6 
station" as used in this act shall be interpreted to include naval vessels,
7 
military and naval aircraft, and any separate military, naval or air command.
8 
b) Associate nation shall be deemed to mean any nation at war with any nation
9 
with which the Philippines is at war.
10 
c) Classified matter and/or information includes everything, regardless of its
11 
physical character, classified as "top secret", "secret", "confidential", and
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"restricted".
13 
Documents, equipment, projects, books, reports, articles, notes, letters,
14 
writings, drawings, sketches, plans, maps, photographs, photographic
15 
negative, blueprints, recordings, machinery, models, apparatus, devices.


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tools, appliance, and all other products or substances which fall within the 
general term "matter". Information which is transmitted orally is considered 
as "matter" for purposes of security.
d) Foreign government shaW be deemed to include any government, faction, 
or body of insurgents within a country with which the Philippines is at peace, 
which government, faction, or body of insurgents may or may not have been 
recognized by the Philippines as a government.
e) National security shall include human and political security, health security, 
economic and financial security, food and water security, military and border 
security, socio-cultural security, environment and disaster security, energy 
security, maritime and airspace security, international security, 
informational and cyber security, transportation and port security.
f) 
War or national defense material 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 any associate nation, in connection 
with the conduct of war or national defense.
g) War or national defense premises 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 any 
associate nation.
h) War or national defense utilities 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 any associate nation, 
are being or may be transported either within the limits of the Philippines


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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 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 any 
associate nation.
Sec. 3. Section 1 of Commonwealth Act No. 616 is hereby amended to read as
follows:
"Section 1. Unlawfully obtaining or permitting to be 
obtained CLASSIFIED MATTER AND/OR Information 
affecting national defense OR SECURITY. -
"a) Whoever, for the purposes of obtaining 
[information—respecting—the—national—defense] OR 
PERMITTING TO BE OBTAINED CLASSIFIED MATTER 
OR INFORMATION AFFECTING NATIONAL DEFENSE 
OR NATIONAL SECURITY, with intent or reason to believe 
that the CLASSIFIED MATTER OR information to be 
obtained is to be used to the injury of the Philippines [e^ 
the United States], or to the advantage of any foreign nation, 
[goes upon, enters, flies -over-, or otherwise] OR ENEMY OF 
THE STATE, WHETHER DOMESTIC OR FOREIGN, 
Obtains CLASSIFIED MATTER OR information BY ANY 
MEANS concerning [any vessel, aircraft-, work of defensej 
navy-yard, naval station, submarine base, coaling-station, forty
battery>-torpedo station, dockyard, canal, railroad, arsenaly
camp, factory, mine, telegraph, telephone, wireless, or signal


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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,-afms, 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 thc-PhilippIncs-or the United States, or with
any-person on behalf-of the- Philippines or-the United States7
or otherwise on behalf of the Philippines or the-ynited-StateSy
or any prohibited place within-the-meaning of section six
hereof; or] NATIONAL SECURITY OR NATIONAL 
DEFENSE SHALL SUFFER THE PENALTY OF LIFE 
IMPRISONMENT OR BY A FINE OF NOT LESS THAN 
ONE MILLION PESOS (Pl/000/000.00), OR BOTH;
"b) Whoever, for the purpose aforesaid, and with like 
intent or reason to believe, INTERCEPTS, RECORDS, 
copies, takes, makes, or obtains, or attempts, or induces or 
aids another to INTERCEPT, RECORD, copy, take, make, or 
obtain any [skotch,-photograph, photographic negative, blue 
print-, plan, map, model,-instrument, appliance, document;
writing, -or note-of anything connected with the national
defense; or] CLASSIFIED MATTER OR INFORMATION 
AFFECTING NATIONAL DEFENSE OR NATIONAL 
SECURITY SHALL SUFFER THE PENALTY OF TWELVE 
(12) YEARS AND ONE (1) DAY TO TWENTY (20) YEARS 
OF IMPRISONMENT OR BY A FINE OF NOT LESS THAN 
FIVE HUNDRED THOUSAND PESOS (P500,000.00) OR 
BOTH;


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"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, [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] CLASSIFIED MATTER 
OR INFORMATION, IN WHATEVER FORM, knowing or 
having reason to believe, at the time [be] ONE 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 SHALL SUFFER THE PENALTY OF TWELVE 
(12) YEARS AND ONE (1) DAY TO TWENTY (20) YEARS 
OF IMPRISONMENT OR BY A FINE OF NOT LESS THAN 
FIVE HUNDRED THOUSAND PESOS (P500,000.00), OR 
BOTH;
"d) Whoever, lawfully or unlawfully having possession 
of, access to, control over, or being intrusted with any 
[document,—writing,—code—book,—signal—book,—sketch,
photograph, photographic negative, blue print, plan, map,
model,—instrument,—appliance,—or—note] CLASSIFIED 
MATTER OR INFORMATION relating to the national 
SECURITY OR NATIONAL defense, IN WHATEVER 
FORM, 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 SHALL SUFFER 
THE PENALTY OF TWELVE (12) YEARS AND ONE (1) 
DAY TO TWENTY (20) YEARS OF IMPRISONMENT OR


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BY A FINE OF NOT LESS THAN FIVE HUNDRED 
THOUSAND PESOS (P500,000.00), OR BOTH;
"e) Whoever, being intrusted with or having lawful 
possession or control of any [documcntrwriting, code book, 
signal book, sketch, photograph, photographic negative, blue
print, plan> map, model, note or information] CLASSIFIED 
MATTER OR INFORMATION, WHETHER IT BE IN 
PRINTED COPY OR ELECTRONIC FORM, relating to the 
national defense OR SECURITY, 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-riFK)re than ten years and-may,-in
addition thereto, be finod-not more than ton thousand pesos]
SUFFER THE PENALTY OF TWELVE (12) YEARS AND 
ONE (1) DAY TO TWENTY (20) YEARS OF 
IMPRISONMENT OR BY A FINE OF NOT LESS THAN 
FIVE HUNDRED THOUSAND PESOS (P500,000.00), OR 
BOTH."
Sec. 4. Section 2 of Commonwealth Act No. 616 is hereby amended to read as
follows:
"Sec. 2. Unlawfully disclosing CLASSIFIED MATTER 
OR information affecting NATIONAL SECURITY OR
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 OR ENEMY 
OF THE STATE, WHETHER DOMESTIC OR FOREIGN, 
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


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unrecognized by the Philippines [or by the United States], or 
to any representative, officer, agent, employee, subject, or 
citizen thereof, OR TO ANY ENEMY OF THE STATE, either 
directly or indirectly, any [document,-writing, code book, 
signal book, sketch,-photograph, photographic negative, blue
print,—plaftT—ma^—model,—fastrument-,—appHaneej]
CLASSIFIED MATTER or information, WHETHER IT BE IN 
PRINTED COPY OR ELECTRONIC FORM, OF ANY 
CLASSIFIED MATTER AND/OR INFORMATION relating 
to the NATIONAL SECURITY AND/OR national defense, 
shall [be punished by imprisonment for not more than twenty 
years; if the offense is committed in time of peaceror by death
or imprisonment for not more than thirty years, if it is in time
efTOf] SUFFER THE PENALTY OF TWELVE (12) YEARS 
AND ONE (1) DAY TO TWENTY (20) YEARS OF 
IMPRISONMENT OR BY A FINE OF NOT LESS THAN 
FIVE HUNDRED THOUSAND PESOS (P500,000.00), OR 
BOTH.
"b) Whoever, in time of war OR DURING THE 
DECLARATION OF MARTIAL LAW, with intent that the 
same shall be communicated to the enemy, shall collect, 
record, publish or communicate, at attempt to elicit any 
CLASSIFIED MATTER OR information with respect to 
NATIONAL SECURITY OR NATIONAL DEFENSE, 
INCLUDING BUT NOT LIMITED TO the movement, 
number, description, condition or disposition of any of the 
[armed-forces] PHILIPPINE FORCES OR ITS ALLIES, 
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


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fortification or defense AND SECURITY of any place, or any 
other information relating to the public defense OR 
NATIONAL SECURITY, which might be useful to the enemy, 
shall be punished by [dcath-or by imprisonment for not more 
than thirty years] LIFE IMPRISONMENT AND A FINE OF 
NOT LESS THAN TWO MILLION PESOS 
(P2,000,000.00)."
Sec. 5. Section 3 of Commonwealth Act No. 616 is hereby amended to read as
follows:
"Sec. 3. Disloyal acts or words 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:] ANY MEMBER OF THE GOVERNMENT WHOSE 
FUNCTION IS NECESSARY TO THE PRESERVATION 
AND PROMOTION OF NATIONAL SECURITY OR 
NATIONAL DEFENSE: a) to advise, counsel, urge, INCITE, 
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;-]
AFOREMENTIONED; or b) to distribute any written or 
printed matter which advises, counsels, INCITES, 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] AFOREMENTIONED. 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] IMPOSED WITH THE PENALTY OF TEN 
(10) YEARS AND ONE (1) DAY TO TWELVE (12) YEARS 
OF IMPRISONMENT OR BY A FINE OF NOT LESS THAN 
FIVE HUNDRED THOUSAND PESOS (P500,000.00), OR 
BOTH."


1 
Sec. 6. Section 4 of Commonwealth Act No. 616 is hereby amended to read as
2 
follows:
3 
"Sec. 4. Disloyal acts or words in time of war. -
4 
Whoever, when the Philippines [or the United States] is at
5 
war, shall willfully make or convey false reports or false
6 
statements with the intent to interfere with the operation or
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success of the [military, naval, or air-forecs of the Philippines
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Of—ef-thc United States] GOVERNMENT RELATING TO
9 
NATIONAL SECURITY OR DEFENSE or to promote the
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success of its enemies shall willfully cause or attempt to cause
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insubordination, disloyalty, mutiny, or refusal of duty, [in the
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military, naval, or air forces of the Philippines or the-United
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States] OF ANY MEMBER OF THE GOVERNMENT WHOSE
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FUNCTION IS NECESSARY TO THE PRESERVATION
15 
AND PROMOTION OF NATIONAL SECURITY AND/OR
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NATIONAL DEFENSE, or shall willfully obstruct the
17 
recruiting or enlistment service of the Philippines [or of-thc
18 
United States] to the injury of the service of the Philippines
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[or of the United States], shall be punished by imprisonment
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for not more than [twenty] THIRTY (30) years, or by a fine
21 
of [not more than twenty-thousand pesos] NOT LESS THAN
22 
FIVE HUNDRED THOUSAND PESOS (P500,000.00), OR
23 
BOTH."
24 
Sec. 7. Section 5 of the Commonwealth Act No. 616 is hereby amended to read
25 
as follows:
26 
"Sec. 5. Conspiracy to violate preceding sections. - If
27 
two or more persons conspire to violate the provisions of
28 
[sections one, two, three-OFfeur] SECTIONS 3 TO 6 of this
29 
Act, and one or more of such persons does any act to effect
30 
the object of the conspiracy, EACH OF THE PARTIES TO
31 
SUCH CONSPIRACY shall be punished as in said sections


1 
provided in the case of the doing of the act the
2 
accomplishment of which is the object of such conspiracy."
3 
Sec. 8. Section 6 of the Commonwealth Act No. 616 is hereby amended to read
4 
as follows:
5 
"Sec. 6. Harboring or concealing violators of the law. -
6 
Whoever harbors or conceals any person who [l=ie] ONE
7 
knows, or has reasonable ground to believe or suspect, has
8 
committed, or is about to commit, an offense under this Act,
9 
shall be punished by imprisonment of not more than Ten (10)
10 
years and may, in addition thereto, be fined [not more-thaft
11 
teft] NOT LESS THAN FIVE HUNDRED thousand pesos
12 
(P500f000.00)."
13 
Sec. 9. Section 7 of the Commonwealth Act No. 616 is hereby amended to read
14 
as follows:
15 
"Sec. 7. Designation of prohibited places by
16 
proclamation. - The President of the Philippines in time of war
17 
or in case of national emergency may by proclamation
18 
designate any place [ether-than those set forth in subsection
19 
(a) of section one hereof] in which anything for the use of the
20 
GOVERNMENT, ESPECIALLY army, navy, air, OR POLICE
21 
forces are being prepared or constructed or stored as a
22 
prohibited place for the purpose of this Act: Provided, That
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[he] ONE shall determine that information with respect
24 
thereto would be prejudicial to the national defense OR
25 
NATIONAL SECURITY."
26 
Sec. 10. Section 8 of the Commonwealth Act No. 616 is hereby amended to
27 
read as follows:
28 
"Sec. 8. Photographing, etc., defensive installations
29 
regulated; penalties. - Whenever, in the interests of national
30 
defense OR NATIONAL SECURITY, the President of the
31 
Philippines OR HIS DULY AUTHORIZED
32 
REPRESENTATIVE shall define certain vital [military, naval7
10


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or oir] GOVERNMENT installations or equipment as requiring
2 
protection against the general dissemination of information
3 
relative thereto, it shall be unlawful to make any photograph,
4 
sketch, picture, drawing, map, or graphical representation of
5 
such vital [military,—naval,—afid—air] GOVERNMENT
6 
installations or equipment without first obtaining permission
7 
of the [commanding officer of the military, naval, or air post,
8 
camp, or station] HEAD OF THE DEPARTMENT, OFFICE,
9 
UNIT, BUREAU, AGENCY, CAMP, NAVAL STATION OR
10 
AIR POST concerned or higher authority, and promptly
11 
submitting the product obtained to such [commanding officer
12 
or-higher authority] HEAD OF THE DEPARTMENT,
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OFFICE, UNIT, BUREAU, AGENCY, CAMP, NAVAL
14 
STATION, OR AIR POST for censorship or such other action
15 
as [be] IT may deem necessary. Any person found guilty of
16 
a violation of this section shall be punished by imprisonment
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for not more than [one year, or by a fine of not more than
18 
two thousand pesos] SIX (6) YEARS AND ONE (1) DAY
19 
OR BY A FINE OF NOT LESS THAN FIVE HUNDRED
20 
THOUSAND PESOS (P500,000.00), or both."
21 
Sec. 11. Section 9 of the Commonwealth Act No. 616 is hereby amended to
22 
read as follows:
23 
"Sec. 9. Photographing, etc. from aircraftf DRONE OR
24 
OTHER SIMILAR MACHINES OR DEVICES. - Any person
25 
who uses or permits or procures the use of an aircraft,
26 
DRONE, OR OTHER SIMILAR MACHINES OR DEVICES
27 
for the purpose of making a photograph, sketch, picture,
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drawing, map, or graphical representation of vital [military,
29 
naval, or air] GOVERNMENT installations or equipment, in
30 
violation of [section eight] SECTION 10 of this Act, shall be
31 
liable to the penalty therein provided."
11


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Sec. 12. Section 10 of the Commonwealth Act No. 616 is hereby amended to
2 
read as follows:
3 
"Sec. 10. Reproducing, publishing, selling, etc.
4 
uncensored copies. - After the President of the Philippines
5 
shall have defined any vital [military,—naval—or air]
6 
GOVERNMENT installation or equipment as being within the
7 
category contemplated under [section eight] SECTION 9 of
8 
this Act, it shall be unlawful for any person to reproduce,
9 
publish, sell or give away any photograph, sketch, picture,
10 
drawing, map or graphical representation of the vital
11 
GOVERNMENT INSTALLATIONS OR EQUIPMENT,
12 
ESPECIALLY military, naval or air installations or equipment
13 
so defined, without first obtaining permission of the
14 
[commanding officer of the-military, naval, or air postT-eamp
15 
ec-statleft] HEAD OF THE DEPARTMENT, OFFICE, UNIT,
16 
BUREAU, AGENCY, CAMP, NAVAL STATION OR AIR
17 
POST concerned, or higher authority, unless such
18 
photograph, sketch, picture, drawing, map or graphical
19 
representation has clearly indicated thereon that it has been
20 
censored by the proper [military, fiaval,-oc air] authority. Any
21 
person found guilty of a violation of this section shall be
22 
punished as provided in [section eight] SECTION 10 of this
23 
Act."
24 
Sec. 13. Section 11 of the Commonwealth Act No. 616 is hereby amended to
25 
read as follows:
26 
"Sec. 11. Destroying or injuring or attempting to injure
27 
or destroy war material in time of war. - When the Philippines
28 
[or the United States] is at war OR DURING THE
29 
IMPLEMENTATION OF MARTIAL LAW, whoever, with
30 
intent to injure, interfere with, or obstruct the Philippines [or
31 
the-United-States] or any associate nation in preparing for or
32 
carrying on the war, or whoever, with reason to believe that
12


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[]=Hs] THE act may injure, interfere with, or obstruct the
2 
Philippines [or the United States] or any associate nation in
3 
preparing for or carrying on the war, [or whoever with reason
4 
to believe that his action may -injure, interfere with, or
5 
obstruct the Philippines or the United States-or any associate
6 
nation in preparing for or carrying-on the -war,] shall willfully
7 
injure or destroy, or shall attempt to so injure or destroy, any
8 
war material, war premises, or war utilities, as herein defined,
9 
shall be imprisoned not more than Thirty (30) years or be
10 
fined not more than [tbifty] FIVE HUNDRED thousand pesos
11 
(P500,000.00), or both."
12 
Sec. 14. Section 12 of the Commonwealth Act No. 616 Is hereby amended to
13 
read as follows:
14 
"Sec. 12. Making or causing war materiai to be made in
15 
defective manner. - When the Philippines [or 
the United
16 
States] is at war, whoever, with intent to injure, interfere
17 
with, or obstruct the Philippines [or the United States] or any
18 
associate nation in preparing for or carrying on the war, or
19 
whoever, with reason to believe that [bis] THE act may
20 
injure, interfere with, or obstruct the Philippines [or the
21 
United States] or any associate nation in preparing for or
22 
carrying on the war, shall willfully make or cause to be made
23 
In a defective manner, or attempt to make or cause to be
24 
made in a defective manner, any war material, as herein
25 
defined, or any tool, implement, machine, 
utensil, or
26 
receptacle used or employed in making, 
producing,
27 
manufacturing, or repairing any such war material as herein
28 
defined, shall be imprisoned not more than Thirty (30) years
29 
or be fined not more than [thirty] FIVE HUNDRED thousand
30 
pesos (P500,000.00), or both."
31 
Sec. 15. Section 13 of the Commonwealth Act No. 616 is hereby amended to
32 
read as follows:
13


1 
"Sec. 13. Injuring or destroying nationai defense OR
2 
NATIONAL SECURITY material, DOCUMENTS, premises,
3 
or utilities. - Whoever, with intent to injure, interfere with, or
4 
obstruct the national defense OR NATIONAL SECURITY of
5 
the Philippines [or the United States], shall willfully injure or
6 
destroy, or shall attempt to so injure or destroy, any national
7 
defense OR NATIONAL SECURITY material,
8 
DOCUMENTS, [national defense] premises, or [nationai
9 
defense] utilities, as herein provided, shall be [imprisoned]
10 
PUNISHED BY IMPRISONMENT FOR not more than [teft]
11 
THIRTY (30) years or be fined not more than [ten] FIVE
12 
HUNDRED thousand pesos (P500,000.00), or both."
13 
Sec. 16. Section 14 of the Commonwealth Act No. 616 is hereby amended to
14 
read as follows:
15 
"Sec. 14. Making or causing to be made in a defective
16 
manner, or attempting to make or cause to be made in a
17 
defective manner, national 
defense OR NATIONAL
18 
SECURITY material. - Whoever, with intent to injure,
19 
interfere with, or obstruct the national defense of the
20 
Philippines [or of the United States,] OR ITS ALLIED
21 
NATION shall willfully make or cause to be made in a
22 
defective manner, or attempt to make or cause to be made in
23 
a defective manner, or attempt to make or cause to be made
24 
in a defective manner, any national defense material OR
25 
NATIONAL SECURITY MATERIAL, as herein defined, or
26 
any tool, implement, machine, utensil, or receptacle used or
27 
employed in making, producing, manufacturing, or repairing
28 
any such national defense 
material OR NATIONAL
29 
SECURITY MATERIAL as 
herein defined, shall be
30 
imprisoned not more than Ten (10) years, or fined not more
31 
than [teft] FIVE HUNDRED 
thousand pesos
32 
(P500,000.00), or both."
14


1 
Sec. 17. Implementing Rules and Regulations. - Within one hundred twenty
2 
(120) days from the effectivity of this Act, the Department of National Defense and
3 
the National Security Council, after public hearings and consultation with concerned
4 
sectors, shall formulate the necessary rules and regulations for the effective
5 
implementation of this Act to be published in at least two (2) national newspapers of
6 
general circulation.
7 
Sec. 18. Separability Clause. - If for any reason, any provision of this Act is
8 
declared unconstitutional or invalid, such parts not affected thereby shall remain in
9 
full force and effect.
10 
Sec. 19. Repealing Clause. - Section 15 of Commonwealth Act No. 616 is hereby
11 
repealed. Article 117 of the Revised Penal Code, as well as all other laws, decrees,
12 
executive orders, rules and regulations and other issuances or parts thereof which are
13 
inconsistent with this Act are hereby repealed, amended or modified accordingly.
14 
Sec. 20. Effectivity. - This Act shall take effect fifteen (15) days after its
15 
publication in the Official Gazette or in any two (2) newspapers of general circulations.
Approved,
15