In the past few days, there had been a number of disturbing news articles reporting about the arrest of alleged spies in the country.
Last January 17, 2025, the National Bureau of Investigation (NBI), together with the Armed Forces of the Philippines (AFP), apprehended in Makati City a suspected (Chinese) “sleeper agent,” a technical software engineer allegedly involved in espionage activities, alongside two (Filipino) cohorts. Among the confiscated equipment were, and I quote, “devices used to survey critical infrastructure such as military camps, LGU offices, power plants, police camps and even shopping malls,” closed quote.
NBI said that they, I quote, “were able to establish that they engaged in ISR operations, meaning intelligence, surveillance and reconnaissance operations, to the prejudice of our national defense considering that their targets are mostly critical infrastructures connected to national security.” End of quote.
Only a few days after that, in January 30, the NBI and the AFP presented to the media five (5) foreign nationals (Chinese) suspected of espionage, following separate pursuit operations in Palawan, in the Ninoy Aquino International Airport (NAIA), and in Dumaguete City, Negros Oriental.
The suspects arrested in Palawan reportedly “set up CCTV cameras facing the sea” without the permission of the resort owner where they were staying. Residents were also alarmed when the Chinese nationals who claimed to be tourists from Taiwan were taking cellphone videos of the Philippine Coast Guard ship in the area. They were purportedly monitoring the Coast Guard and Philippine Navy activities, including the resupply missions in the West Philippine Sea (WPS).
According to the Bureau of Immigration, the arrested suspects have been living in the Philippines for decades and already embedded themselves here.
No less than the AFP Chief of Staff General Romeo Brawner, Jr. admitted that these cases are just the tip of the iceberg. I quote: “Iilan pa lang ang nahuli natin, marami pa ito.”
On top of these, there is the notorious case of Alice Guo or Guo Hua Ping, who was unmasked as a spy – an allegation which the dismissed Bamban, Tarlac mayor denies.
Mr. President, lubos na nakakabahala po ang mga nabanggit na ulat na ito. Nagpapasalamat po tayo sa mga awtoridad sa kanilang pagtugis sa mga kriminal na nagma-manman at nagmamatyag sa kilos ng ating pamahalaan at ng sambayanang Pilipino para pagkakitaan o ipasa ang mahahalagang impormasyon sa ibang bansa.
The arrested suspects according to published reports will be charged with violations of Commonwealth Act No. 616 or “An Act to Punish Espionage and Other Offenses Against the National Security.”
However, the World War 2-era policy, approved on June 4, 1941, is in serious need of an update.
Sa titulo pa lamang po ng batas na ito – “Commonwealth Act” – panahon pa po ito kung kailan kontrolado ang ating bansa ng mga Amerikano. Sa katunayan, sa batas na ito ay tatlumpung-limang (35) beses pong nabanggit ang Estados Unidos sa ilang mga probisyon nito.
Moreover, if one will read the said law side-by-side against the United States’ Espionage Act of 1917, one can easily notice that many provisions of our very own Commonwealth Act No. 616 were directly lifted verbatim from the American counterpart. Napapanahon na po na magkaroon tayo ng sariling atin, base sa ating mga interes at mga pangangailangan bilang isang malayang bansa.
Further, the penalties for espionage prescribed under our existing laws are nothing more than a slap on the wrist.
Under Article 117 of the Revised Penal Code, anyone who is guilty of espionage – that is someone who enters a military establishment to obtain, without authority, any information or confidential data related to national defense – shall be meted with prision correccional or imprisonment of only 6 months and 1 day up to 6 years.
Under Section 8 of the Commonwealth Act, anyone who takes a photograph of a military installation or equipment without permission may only be punished by imprisonment of not more than 1 year or a fine of not more than two thousand pesos (Php 2,000).
Meanwhile, obtaining and unlawful disclosure of national defense information to be used to the injury of the Philippines or the advantage of any foreign nation is punishable by 10- and 20-year imprisonment, respectively.
Mr. President, we believe that these penalties are not commensurate to the grave offenses affecting no less than the security, stability and peace of our country.
As your Chairperson of the Senate Committee on National Defense and Security, Peace, Unification and Reconciliation, I have the distinct honor to sponsor Senate Bill No. 2980 under Committee Report No. 525 or “An Act Defining and Penalizing Espionage and Other Offense Against National Security.”
Heeding the clamor of our top national security officials to come up with a stronger and updated law against espionage, we are pleased to present this committee report for consideration, deliberation and scrutiny of this august body. Ito po ay patunay na ang inyong Senado ay nakikinig at hindi bingi sa panawagan ng ating pamahalaan.
This representation wishes to acknowledge the assistance of numerous executive bodies, namely the National Intelligence Coordinating Agency (NICA), Department of National Defense, Department of Foreign Affairs, Armed Forces of the Philippines, Philippine National Police, Philippine Coast Guard, and National Security Council, among others – particularly their intelligence services for lending their expertise and precious time to the committee in crafting this measure.
Under our substitute bill, we propose stiffer penalties for espionage – that is life imprisonment without the benefit of parole and the benefits of Republic Act No. 10592, such as allowance for good conduct, and fine of twenty to fifty million pesos.
We are also expanding espionage to cover cyber-attacks and digital/electronic access and transmission of information, as these technologies are currently beyond the reach of the law, simply because they don’t exist eighty-four (84) years ago when the law was conceived and implemented.
If this will eventually become a law, this will serve as a warning to all spies who are here in the country: Get out! Umalis na kayo ngayon at tantanan niyo na ang paniniktik sa Pilipinas kung ayaw niyong mabulok sa bilangguan. Huwag na rin kayong mag-tangkang manghimasok at makialam dito.
I humbly seek the support of my esteemed colleagues in moving this important and timely piece of legislation forward in order to address a clear and present danger and correct the weaknesses in our laws.
Sa ngayon po ay nag-iisa ang inyong lingkod bilang may-akda ng panukalang ito, kaya umaasa po ako ng inyong suporta, at pakikiisa ng lahat ng miyembro ng bulwagang ito sa hangaring mapagtibay ang ating batas laban sa mga espiya, parusahan at palayasin sila sa ating teritoryo, at higit sa lahat, protektahan ang pambansang seguridad at soberanya.
Thank you, Mr. President and my distinguished colleagues.