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.
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, 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.
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
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.
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 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.
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 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.
Section 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.
Section 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.
Section 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 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.
Section 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.
Section 16. This Act shall take effect upon its
approval.
Approved: June 4, 1941.
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