Lacson files bill strengthening, modernizing gov't mechanism vs espionage
At A Glance
- The proposed "New Anti-Espionage Act" seeks to increase penalties for spying offenses, covers new technologies, as well as activities by foreign jurisdictions that can interfere with government affairs.
Sen. Panfilo Ping Lacson has filed a bill seeking to strengthen and modernize the country’s outdated laws against espionage and other similar offenses against Philippine national security.
Panfilo "Ping" Lacson (Mark Balmores/ MANILA BULLETIN)
The proposed “New Anti-Espionage Act” seeks to increase penalties for spying offenses, covers new technologies, as well as activities by foreign jurisdictions that can interfere with government affairs.
The bill also allows the surveillance of personalities suspected of spying, interception and recording of communications after a court order from the Court of Appeals.
Lacson, a former Philippine National Police (PNP) chief, noted that recent technological advancements, along with the potential involvement of foreign jurisdictions in the 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.
“This measure aims to strengthen the law by updating the penalties for the punishable acts. Particularly, the measure imposes higher penalties upon erring public officials, employees and foreigners,” he further said.
“The measure also provides for the extraterritorial application of the law. It likewise penalizes activities by foreign jurisdictions that could interfere with the political and government affairs of the country, he added.
Under the bill, the definition of espionage will be expanded 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.
Lacson cited various alarming incidents of spying activities in the Philippines, including the April 2025 case when a Chinese was arrested near the Commission on Elections (Comelec) office. Seized from him was an international mobile subscriber identity (IMSI) catcher, which can intercept mobile phone traffic and track location data.
From January to March 2025, the senator noted there have been five arrests made related to espionage activities in various parts of the country.
He also noted that from 2022 to 2024, the Philippine Navy recovered five underwater drones in different parts of the country—a “deploy-and-forget” type of underwater vessel that can be controlled from anywhere once they are launched.
The senator also cited the case of a Chinese individual who was arrested in May 2024 for forcing a Filipino to deliver to his house and move to vital installations and public places a Stingray cell site simulator, that can be used to eavesdrop or even impersonate a party in a call.
“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 warned.
The bill seeks harsher penalties against erring public officials, employees and foreigners involved in espionage, including Filipinos who commit acts penalized under the bill outside Philippine territory, and individuals physically outside the country but commit the crimes covered by the bill against Philippine officials, their representatives, staff, agent or envoy.
The bill also penalizes individuals who may be outside the Philippines but commit said crimes directly against the Philippine government or its agent. For non-Filipinos, 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 (BI) for deportation or to the Department of Justice (DOJ) for prosecution, as if the act constituting the offense had been committed in the Philippines.
The measure also seeks the imposition of life imprisonment without parole and a fine from P5 to 20 million to those who engage and conspire to engage in espionage and interference in internal domestic affairs, including those who help and assist them.
A government official or employee found guilty of violating the measure faces absolute perpetual disqualification from any public office, and the maximum penalty under the bill.
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 also 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.
Moreover, 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 investigation, freezing of accounts, and forfeiture of assets.
The AMLC will be 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.