Lacson seeks tougher anti-espionage law
Philippine News Agency
July 3, 2025, 4:56 pm
MANILA -- Senator Panfilo Lacson on Thursday filed a bill seeking to strengthen and modernize the country's 78-year-old anti-espionage law by introducing harsher penalties for the crime.
The proposed "New Anti-Espionage Act," increases penalties for such offenses and covers new technologies, as well as activities by foreign jurisdictions that can interfere with government affairs.
It also allows the surveillance of suspects and interception and recording of communications after a court order from the Court of Appeals.
"Recent technological advancements, along with the potential involvement of foreign jurisdictions in our country's political and governmental affairs, have exposed significant gaps in Commonwealth Act No. 616 and Article 117 of the Revised Penal Code. These shortcomings underscore the urgent need to amend and modernize these laws," Lacson said in his bill.
The senator said the measure particularly imposes higher penalties for erring public officials, employees and foreigners.
The bill also expands the definition of espionage to include "physical, electronic, cyber, or any other means, which causes or tends to cause injury to the Philippines or gives or tends to give advantage to a state, nation, entity, or individual, whether foreign or domestic."
Under the bill, Lacson said, harsher penalties await erring public officials, employees and foreigners involved in espionage, including:
-- Filipinos who commit acts penalized under the bill outside Philippine territory;
-- Individuals physically outside the country but commit the crimes covered by the bill;
-- Individuals who are outside the Philippines but commit crimes covered in the bill against Philippine officials, their representatives, staff, agent, or envoy; and
-- Individuals who may be outside the Philippines but commit said crimes directly against the Philippine government or its agent.
The measure comes after authorities arrested several Filipinos and foreigners engaged in alleged espionage activities, which also resulted in the seizure of several surveillance equipment such as international mobile subscriber identity (IMSI) catchers, a vehicle with LiDar (Light Detection and Ranging) sensor and a concealed triple camera device, a GNSS-RTK (Global Navigational Satellite System Real-Time Kinematics) device and aerial drones, among others.
These equipment were allegedly used in surveillance activities in several vital installations such as government offices and military bases.
"These incidents point to a larger, more concerning pattern: a deliberate and sophisticated use of modern tools to conduct espionage and interference -- threats that may originate from both foreign and domestic sources," Lacson said.
For those who are not Philippine citizens, the Philippines shall exercise jurisdiction only when the individual enters or is inside the territory of the Philippines.
In the absence of any request for extradition, the National Security Council (NSC) shall refer the case to the Bureau of Immigration for deportation or to the Department of Justice for prosecution, "as if the act constituting the offense had been committed in the Philippines."
The bill metes out life imprisonment without parole and a fine from PHP5 million to PHP20 million to those who engage and conspire to engage in espionage and interference in our internal affairs -- including those who aid and abet them.
A government official or employee found guilty of violating the measure faces absolute perpetual disqualification from any public office, and a maximum penalty.
On the other hand, foreigners found guilty of violating the measure shall be deported immediately after serving their sentence. They will be permanently barred from entering the country.
The NSC may issue an Access Blocking Order directing internet access service providers to take reasonable steps to disable access by end-users in the Philippines to online publications that it deems will prejudice national or public security, negatively impact public health, safety, or finances, affect diplomatic relations, incite enmity among influential groups, undermine public confidence in authorities, or influence the outcome of elections or referendums.
An internet access service provider that does not comply with any access blocking order shall be fined PHP1 million each day during which any part of that order is not fully complied with, up to a total of PHP500 million.
A duly authorized military personnel, law enforcement agent, or intelligence officer may secretly wiretap, intercept, record or collect private messages of any person charged or suspected of committing any of the offenses under this Act -- after meeting various requirements and upon written order of the Court of Appeals
The bill adds espionage and interference, in any form, to the list of unlawful activities subject to the authority of the Anti-Money Laundering Council (AMLC) to conduct financial investigations, freezing of accounts, and forfeiture of assets.
Also, the AMLC is authorized to inquire into or examine deposits and investments suspected of any of the crimes defined and penalized under the provisions of this Act with any banking institution or non-bank financial institution and their subsidiaries and affiliates without a court order. (Leonel Abasola/PNA)
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