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TWO WAYS OF COMMITTING ESPIONAGE:

1.
by entering, without authority, a warship, fort, or naval or military
establishment or reservation to obtain any information, plans, photos, or other data
of a confidential nature relative to the defense of the Philippines.

** intent to obtain information by the offender is critical.

ELEMENTS:

a.

that the offender enters any of the places mentioned therein

b.

that he has no authority therefore

c.
that has purpose is to obtain information, plans, photos etc. of a confidential
nature relative to the defense of the Philippines

2.
by disclosing to the representative of a foreign nation the contents of the
articles, data or information referred to in par. 1 (Art. 117) which he had in his
possession by reason of the public office he holds.

ELEMENTS:

a.

that the offender is a public officer

b.
that he has in his possession the articles, data or information by reason of the
public office he holds
c.

that he discloses their contents to a representative of a foreign nation.