The Chinese Embassy may face Philippine sanctions, including expulsion, if it is found to have violated the country’s anti-wiretapping law.

It originated from the release of a supposed phone conversation recording between a military official and a Chinese diplomat regarding the "new model" arrangement in the West Philippine Sea.

“The host country may take measures such as expelling embassy staff, or even reducing the staff of the embassy,” Senator Francis Tolentino said in a press conference on Wednesday. 

Tolentino said a resolution was filed in the Senate calling the chamber’s committee on national defense to investigate the alleged wire-tapping of the phone conversation between Armed Forces of the Philippines—Western Command chief Vice Admiral Alberto Carlos and an unnamed Chinese diplomat regarding the WPS operations. 

He said that the content of the alleged conversation is irrelevant to the inquiry. 

“The content would be extraneous to the investigation because what we want to prove here is that if the wire-tapping was really made, then, what would be the consequences?,” he stressed. 

Tolentino said panel chairperson Senator Jinggoy Estrada agreed to start the inquiry on Tuesday, 21 May, inviting resource persons from the Department of National Defense, the National Intelligence Coordinating Agency, the Department of Foreign Affairs, and the Chinese Embassy. 

Meanwhile, Tolentino admitted that the Senate cannot compel the Chinese Embassy to attend the inquiry but they will still push for an open invitation. 

“Hindi natin sila puwedeng pilitin (We can’t force them). So probably it would just confirm something they are still hiding and it will also show that they are continuously violating Philippine laws, right?” He said.

According to Tolentino, there’s already a pending investigation concerning the matter being conducted by the National Bureau of Investigation. 

If wire-tapping is proven, Tolentino said the Chinese Embassy will be sanctioned under the Republic Act 4200 or Anti-Wiretapping Law. 

“It is a serious breach of existing international law for a foreign embassy to violate internal and domestic law of a host country,” he explained. 

In the Philippines, it is illegal to record conversations without the consent of all those participating, under RA 4200. A secret recording is also illegal without a court approval. 

“We have precedence,” Tolentino said, citing the previous case of China after hacking the Australian Parliament in 2019. 

Among the possible actions include the declaration of persona non-grata of Chinese Embassy officials, expulsion and the reduction in the size of the Chinese non-diplomatic personnel, and down-sizing of the Chinese Embassy in Manila.

The Chinese Embassy in Manila has a consulate office in Cebu, Davao, and Ilocos Norte. 

“Whatever the result of this investigation, the Philippines can assert and reassert its rights to implement Philippine laws—the RA 4200 is our policy, that’s espionage,” Tolentino said.

Tolentino underscored that filing the resolution does not mean the country acknowledges the existence of the so-called “new model” agreement. 

“Because that is extraneous. What we are pointing out here—was there indeed a wire-tapping? We are not saying here that there’s an acknowledgment or was there an implied recognition that was indeed a new model—that’s not it,” he pressed on. 

Earlier in May, China claimed that there was a “new model” accord between Manila and Beijing to manage disputes and operations at Ayungin shoal in the WPS.

Days after, the Chinese embassy dragged Carlos as the one who agreed to a "new model" arrangement with a Chinese diplomat, through a phone conversation. 

The embassy also released a transcript of the alleged conversation to back its claims, but the audio recording remained unpublicized. Some Filipino journalists have claimed they heard the audio recording of the conversation. 

AFP chief, Gen. Romeo Brawner Jr., said the military organization will not dignify the claims of the Chinese Embassy. 

“Transcripts can easily be fabricated, and audio recordings can be manufactured by using deep fakes. These reports only aim to serve as distractions from the China Coast Guard’s ongoing aggressive behavior in the WPS,” he said. 

Defense Secretary Gilberto Teodoro Jr. called it a “devious machination” as he doubts the authenticity of the recording. 

“This charade must stop. I am issuing this statement to generate awareness on this clear attempt by China to advance another falsehood in order to divide our people and distract us from their unlawful presence and actions in our exclusive economic zone,” Teodoro stressed. 

When asked if the investigation would reveal that there was a manipulation of the audio recording, Tolentino said the Philippines would assert its rights to impose necessary sanctions against the concerned foreign party. 

“Nothing will change. But the appropriate Senate Committee will be taking steps,” he added.