(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.
Sec.
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, 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.
Sec,
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.
Sec.
4. 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.
Sec.
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 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.
Sec.
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.
chan robles virtual law library
Sec.
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.
Sec.
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.
Sec.
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.
Sec.
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 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.
Sec.
12. 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.
Sec.
13. 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.
Sec.
14. 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 receptable 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.
Sec.
15. 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.
Approved: June 4, 1941.
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