MANILA: The House of Representatives on Thursday (Sept 17) passed on final reading a bill modernizing the country’s anti-espionage laws, despite concerns from some lawmakers that its broad definition of spying could be used to crack down on dissent.
With 224 lawmakers voting for House Bill No. 9642 and 10 against, the lower chamber approved the measure, which expands espionage to cover the sharing of any “classified matter” in times of peace or war if its disclosure could harm the country by giving an advantage to foreign or domestic actors.
Accessing any sketch, layout, blueprint, or multimedia representation of “critical infrastructure” and national defence assets without authorization would also be considered spying, unless obtained through open sources or “other lawful means,” it added.
Violators face life imprisonment without parole and fines of up to P20 million under the bill.
“The definitions and scope and coverage of the bill are so overly broad that it poses a threat and danger to the rights and civil liberties of Filipinos in the name of national security,” ACT Teachers Rep. Antonio Tinio, who opposed the measure, told the House floor as he explained his vote.
In 2024, Defense Secretary Gilberto Teodoro Jr pushed for reforms to the country’s 84-year-old anti-spying provisions after the arrest of a former town mayor accused of spying for China.
The Revised Penal Code defines spying as unauthorized entry into military facilities to obtain confidential information and sharing it with representatives of a “foreign power.” A 1941 Commonwealth statute defines espionage as intelligence-gathering aimed at helping enemy forces in wartime.
The measure also penalizes those who aid or abet spies, including by harboring or helping them escape, with up to 12 years in prison and fines of up to P20 million. If the offender is a government official, the maximum fine rises to P25 million.
Proposing to commit espionage is also punishable by imprisonment of up to 12 years and fines of as much as P10 million under the bill. Those conspiring to spy against the country could face life imprisonment and a fine of up to P20 million.
The bill allows authorities to “secretly wiretap” suspected spies and intercept their messages upon a written order by the Court of Appeals, which also has the authority to let the Anti-Money Laundering Council examine bank accounts tied to espionage.
Tinio cautioned that the bill’s coverage concerning “critical infrastructure” is overly broad and may be wielded against “critics and those fighting for their rights.”
Such structures covered under the bill refer to systems with “vital societal functions or to the delivery of essential public services,” whose destruction may cripple national security capabilities.
That definition “effectively bans the public from scrutinising the industries that most affect their lives,” Gabriela Women’s Party Rep. Sarah Elago said, explaining that systems involving “telecommunications, energy and food security” are provided with blanket protection under the bill.
Kabataan Rep. Renee Co, who also opposed the bill, said the measure could be lumped with the 2020 Anti-Terrorism Law and 2012 Terrorism Financing Prevention and Suppression Act, laws which critics say have been weaponised against dissidents.
“These laws, like what will be done with this one, are merely being used as tactics to suppress citizens through fabricated cases, making it easier to subject them to arbitrary charges,” she told the floor in Filipino. - Philippine Daily Inquirer/ANN
