Cagayan de Oro City 2nd district Rep. Rufus Rodriguez

A ranking congressman who has been critical of China over the West Philippine Sea (WPS) issue has filed a bill penalizing espionage or spying not only in times of war but also during peace time. 

Cagayan de Oro City 2nd district Rep. Rufus Rodriguez also introduced a companion proposal imposing heavier penalties on various acts of espionage. 

Rodriguez said he filed the two bills to address concerns that there are Chinese and other foreign spies lurking in national government offices, local government units (LGUs), the diplomatic community, and even in the private sector. He said there are also Filipinos spying for foreign governments. 

“We have to be wary of these Trojan horses, especially our compatriots who sell their souls and services to foreign interests,” said the chairman of the House Committee on Constitutional Amendments. 

Rodriguez added that the noose on spies has to be tightened in the wake of the worsening conflict in the WPS. 

The Mindanao lawmaker noted that a dismissed Tarlac town mayor, now detained for various charges, is alleged to be a Chinese spy, although she has denied the accusation. 

This person, unmentioned by Rodriguez, was ex-Bamban mayor Alice Guo, alias Guo Hua Ping.  

He said the filing of the two bills was also prompted by the call of Department of National Defense (DND) Secretary Gilberto Teodoro Jr. for Congress to amend laws on espionage. Teodoro complained that the law on spying was applicable only during wartime. 

In his explanatory notes in House Bill (HB) Nos 10983 and 10988, Rodriguez said the present laws on espionage are Commonwealth Act No. 616, titled, “An Act to punish espionage and other offenses against national security,” enacted in 1941; and the Revised Penal Code (RPC), which took effect in 1932. 

“There is a need to review these laws and amend the same to make them adapt to the situation in light of evolving global security threats, technological advancements and the changing nature of espionage activities,” he said. 

Rodriguez said the country “faces numerous threats from foreign intelligence services, terrorist organizations and cybercriminals". 

He added that his bills seek “to address these concerns by amending and augmenting current legal provisions to provide comprehensive protection against espionage and related offenses". 

“By enhancing penalties and updating definitions to align with contemporary security challenges, the legislation aims to bolster the Philippines’ ability to preserve and protect its national security interests,” he stressed. 

HB No. 10983 seeks amend Article 117 of the RPC to prohibit espionage “in times of peace or in times of war". 

The penalty of prison correctional (six months and one day to six years) would be imposed on any person who, (1) “without authority therefor, enters a warship, fort, or naval or military establishment or reservation to obtain any information, plans, photographs, or other data of a confidential nature relative to the defense of the Philippine archipelago,” or; 

(2) “Being in possession, by reason of the public office he holds, of the articles, data, or information referred to in the preceding paragraph, discloses their contents to a representative of a foreign nation.” 

The next higher penalty would be imposed if the offender is a public officer or employee. 

HB No. 10988, on the other hand, would expand the “coverage of espionage, amending for the purpose Commonwealth Act No. 616…and providing higher penalties for violations thereof.” 

The proposed heavier penalties for various acts of espionage in peacetime and wartime include life imprisonment and a fine of not less than P2 million; life imprisonment or a fine of not less than P1 million or both; imprisonment of not more than 30 years or a fine of not less than P500,000 or both; and a jail term of 10 years to 12 years or a fine of not less than P500,000 or both.  

The bill enumerates numerous acts of spying.