Article 120. Correspondence with hostile country. - Any person who in time of war, shall have correspondence with an enemy country or territory occupied by enemy troops shall be punished:

1. By prision correccional, if the correspondence has been prohibited by the Government;

2. By prision mayor, if such correspondence be carried on in ciphers or conventional signs; and

3. By reclusion temporal, if notice or information be given thereby which might be useful to the enemy. If the offender intended to aid the enemy by giving such notice or information, he shall suffer the penalty of reclusion temporal to death.


Elements:

(1) It is in time of war in which the Philippines is involved

(2) Offender makes correspondence with an enemy country or territory occupied by enemy troops

(3) The correspondence is either –

(a) Prohibited by the government, or
(b) Carried on in ciphers or conventional signs, or
(c) Containing notice or information which might be useful to the enemy.


●Even if the correspondence contains innocent matters, if the correspondence has been prohibited by the Government, it is punishable.

● Prohibition by the Government is not essential in paragraphs 2 and 3.