The security and defense sectors — including retired officials who have since held legislative posts — have long pushed for an updated Philippine espionage law, especially in light of foreign malign influence operations. 

It’s an effort that’s grown more urgent, as adversarial states attempt to undermine the Philippines’ military defenses and security posture in concrete ways.

Beginning 2023, the Philippines has been checking on Filipinos in and out of the government suspected of handing over confidential and secret documents to foreign nationals. In at least three cases, Rappler’s security sources confirmed that recruiters and agents were Chinese nationals.

The Philippines’ Department of National Defense (DND) itself considers existing espionage laws “archaic.” Its spokesperson, Assistant Secretary Arsenio Andolong, told Rappler an update to the anti-espionage law, coupled with laws that criminalize foreign information manipulation and interference (FIMI), would serve as a massive legal shield for the department as it implements the Comprehensive Archipelagic Defense Concept (CADC). 

“The proposed legislation could append the wartime and peacetime gap and criminalize modern spying methods, such as drone surveillance, cyber penetration, data scraping, and the use of signal interceptors near military bases or critical infrastructure,” he said, responding to inquiries from Rappler. 

Andolong said Defense Secretary Gilberto Teodoro Jr. is “aware of efforts to coerce and co-opt members of the defense and security sector” and is “constantly monitoring measures and procedures that he instituted and enhanced to protect our personnel from foreign malign influence and interference.” 

Pending in both chambers of Congress are bills that seek to impose harsher penalties on “espionage and other offenses against national security.” More importantly, proposals for an updated law are written with modern life in mind and include electronic and cyber platforms. These include Senate Bill No. 33, an Act Defining and Penalizing Espionage and other Similar Offenses Against National Security.    

New laws would also make penalties harsher, from deportation of foreign nationals or life imprisonment without parole to millions in fines. Public officials, including the kind caught by authorities recently, would lose the right to hold public office if convicted. Foreigners who are convicted face deportation after serving their time and a ban from re-entering the Philippines.  

A security source told Rappler that aside from updated laws, government agencies — especially uniformed services — need to step up their own monitoring. 

“There needs to be better awareness of our adversaries’ malign or espionage activities through an intensified program. Agencies also need to hold a regular integrity and security audit of personnel and systems,” the source said.

SB 33, proposed by former police chief Senate President Pro Tempore Panfilo Lacson, would also allow the military, law enforcement, or intelligence personnel to intercept private messages so long as they get permission from the Court of Appeals. 

If enacted into law, the proposed measure would also cover persons outside the country — including individuals who commit crimes against the Philippines and its officials. 

Andolong, speaking for the DND, also advocated for updates to the Foreign Agents Registration Act of 1979, which requires foreign agents who are not diplomats, whether Filipino or foreigner, to disclose any political activities in the country. – Rappler.com