Bills seek to update espionage laws

TWO bills have been filed in the House of Representatives that seek to update the country’s laws on spying.

In the explanatory notes to House Bills 10983 and 10988, Cagayan de Oro 2nd District Rep. Rufus Rodriguez said there is a need to review the existing espionage laws — Commonwealth Act 616, which was enacted in 1941, and the Revised Penal Code (RPC) which became effective 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,” Rodriguez said.

“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 said.

Rodriguez urged congressional leaders to prioritize the bills’ passage.

He said he was prompted to file the measures by Defense Secretary Gilberto Teodoro Jr.’s call to amend the country’s espionage law.

House Bill (HB) 10983 sought to amend Article 117 of the RPC to prohibit espionage “in times of peace or in times of war.”

Imprisonment of from six months to six years would be imposed on a person who, “without authority therefore, 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 who discloses the information obtained “to a representative of a foreign nation.”

The next higher penalty would be applicable if the offender is a government employee or official.

HB 10988 sought to 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 acts of espionage included life imprisonment and a fine not less than P2 million; life imprisonment or a fine not less than P1 million or both; imprisonment not exceeding 30 years or a fine not less than P500,000 or both; and 10 years to 12 years in prison or a fine not less than P500,000 or both.