House bill eyes ‘enhanced’ penalties vs espionage

A BILL amending the 83-year-old anti-espionage law in the Philippines has been filed at the House of Representatives to enhance penalties and update definition of acts of espionage.

Cagayan de Oro Rep. Rufus B. Rodriguez in October filed House Bill (HB) No. 10988 to expand the coverage of espionage under the Commonwealth Act No. 616, the Anti-Espionage Law, and provide higher penalties.

He also filed HB 10983 to amend Article 117 of the Revised Penal Code by clarifying that the penalty of prision correccional will be inflicted whether the act of espionage is committed during a time of peace or war.

“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,” Mr. Rodriguez said in a statement on Monday.

HB No. 10988, An Act Expanding the Coverage of Espionage, will include the act of unlawful obtaining and sharing of “classified matter or classified information affecting national defense or national security” of the Philippines. Those found committing this provision, whether during times of peace or war, will be subjected to life imprisonment or a fine of not less than P1 million, or both.

Unlawful disclosure of classified matter or information affecting national security or national defense in the time of war or during the declaration of martial law will be punished with life imprisonment and a fine of not less than P2 million.

Acts of disloyalty by “any member of the government” deemed important for national security would also be punishable under the measure.   

Mr. Rodriguez urged Congress to expedite the bills’ approval to immediately “bolster the Philippines’ ability to preserve and protect its national security interests” as the country “faces numerous threats from foreign intelligence services, terrorist organizations and cybercriminals.”

Defense Secretary Gilberto Eduardo C. Teodoro, Jr. in September urged Congress to amend Philippine anti-espionage laws even if the country is not at war after an Al Jazeera documentary alleged that dismissed Bamban Mayor Alice L. Guo is a Chinese spy.

Ms. Guo denied the allegation, calling the accusation “unfair” during a House committee hearing on illegal online casinos in September. 

“What’s important now is that we punish espionage during peacetime, because the espionage laws in the Philippines are only effective during times of war,” Mr. Teodoro told reporters on the sidelines of a forum on Sept. 30 in Filipino. — Kenneth Christiane L. Basilio