Philippine House moves to modernize anti-espionage laws

By Kenneth Christiane L. Basilio, Reporter

THE House of Representatives National Defense and Security Committee seeks to boost the Philippines’ decades-old anti-spying laws, broadening the definition of espionage to include modern surveillance technologies and applying penalties even during peacetime.

The proposed legislation comes as security experts warn of rising espionage risks tied to the Southeast Asian nation’s sea dispute with China.

“The fight against espionage, clandestine acquisition of sensitive information, and unlawful obtaining of classified information that affects national security or national defense requires a comprehensive approach,” according to a copy of the substitute bill jointly drafted by the Defense committee with the House Committee on Revision of Laws obtained by BusinessWorld. “Interference by foreign jurisdictions on our political and governmental affairs poses a threat to our sovereignty and independence.”

The substitute bill represents the first consolidated effort since 2024 to modernize the country’s 84-year-old anti-espionage laws. At that time, Defense Secretary Gilberto C. Teodoro, Jr. had pushed for reform after the arrest of a former town mayor accused of spying for China.

The National Security Council also urged lawmakers to update the framework, citing last year’s arrests of alleged foreign spies under laws that still largely rely on World War II and Commonwealth-era statutes.

Authorities accused several Chinese nationals of spying near the Presidential Palace, military bases and other sensitive locations, claiming they used message-interception devices and digital mapping tools to monitor restricted areas. Beijing dismissed the accusations as “baseless speculation and accusation.”

Under the substitute bill, espionage includes receiving, collecting, or transmitting “classified matters” even in peacetime without proper authority, whether through physical, electronic, or cyber means. Unauthorized access to “sketch, drawing, map, layout, blueprint, graphical or multimedia representation” of sensitive sites would also qualify as espionage.

Those convicted could face life imprisonment without parole and fines of as much as P20 million. Foreign nationals found guilty would be deported immediately after serving their sentence and permanently barred from re-entering the Philippines.

The draft bill grants authorities the power to “secretly wiretap” suspected spies, including intercepting or collecting private messages, provided a court order is issued on reasonable grounds.

It also lets the Anti-Money Laundering Council examine the bank accounts of suspected spies to determine if they are receiving funds from foreign intelligence agencies, even without a court order.

Additionally, the proposal bans the possession of surveillance and mapping equipment, such as drones, cameras or tracking devices if used to spy on government officials or sensitive locations. Violators could face up to 12 years in prison and fines of up to P20 million.

Analysts noted that the Philippines’ anti-espionage laws fall short of addressing modern threats. The Revised Penal Code defines espionage mainly as unauthorized entry into military facilities to obtain confidential defense information or disclosing it to foreign powers, while Commonwealth Act No. 616 of 1941 covers intelligence gathering that could aid enemy forces in wartime.

“Modern anti-espionage efforts must evolve to address the convergence of emerging technologies and sophisticated misinformation campaigns,” Chester B. Cabalza, founding president of Manila-based think tank International Development and Security Cooperation, said in a Facebook Messenger chat. “Intelligence agencies are shifting from traditional human-centric methods to digital-first strategies to counter state-sponsored actors and cyber-threats.”

Sherwin E. Ona, an international fellow at Taiwan’s Institute for National Defense and Security Research, said spying could occur even in peacetime, particularly with advances in cyberspace, the Internet and electronic signal interception. “Space and sub-sea cables are also emerging areas of concern,” he said via Viber.

Security experts framed the legislation as part of Manila’s response to China’s so-called “grey-zone tactics” — strategic activities that advance national interests without triggering open conflict.

“Espionage threats in the Philippines are imminent as it becomes a competing field of tactics and hegemonic rivalry,” Mr. Cabalza said.

Mr. Ona noted that espionage and foreign influence operations could be used as part of a “hybrid assault” in which cyberspace and information are weaponized against the country.