Justice Secretary Jesus Crispin Remulla did not issue specific directives to National Bureau of Investigation (NBI) probers regarding the alleged wiretapping incident involving China, treating it as any other case handled by the Department of Justice.

This was according to Justice Undersecretary Margarita Gutierrez when she was asked if Remulla had issued special instructions to those investigating the alleged wiretapping.

“The only guidance always given by SoJ (Secretary of Justice) is to make sure the NBI conducts all investigations diligently, impartially, and within legal boundaries to maintain the integrity of the process and deliver justice effectively,” Gutierrez said.

To recall, Remulla ordered the NBI to thoroughly investigate reported illegal activities by foreign diplomats and to look into possible violations of the Wiretapping Law by the Chinese embassy.

He called for an “in-depth investigation” after the Chinese embassy released a supposed transcript of a conversation between its diplomat and the chief of the Armed Forces of the Philippines Western Command regarding a “new model” for managing the Ayungin Shoal issue.

“Diplomatic immunity should never be used as a license to exploit our country’s peace and harmony for selfish motives. This privilege does not shield anyone from the consequences of the rule of law,” Remulla said.

He said that while diplomats enjoy privileges and immunities, they are duty-bound to respect the laws and regulations of their host countries.

The Chinese embassy earlier said the recorded conversation was between a Chinese diplomat and Wescom chief Vice Adm. Alberto Carlos, who has since filed a leave of absence and was eventually replaced. The conversation reportedly took place on 3 January.

In the reported “new model,” the Chinese agreed to allow only the delivery of food and other provisions to the troops on the BRP Sierra Madre at Ayungin Shoal, but not construction materials. In 1999, the Philippine Navy intentionally grounded the Sierra Madre to serve as an outpost for a handful of Marines.

Under the Anti-Wiretapping Act, it is illegal to record conversations without the consent of all participants. Secret wiretapping is also illegal without court approval. Violators face imprisonment of up to six years and foreigners would be deported, but there is no specific provision for offenders who are diplomats.

The DoJ noted that under the Vienna Convention on Diplomatic Relations, diplomats, employees of international organizations, and their immediate families are covered by a certain degree of diplomatic immunity during their stay in a receiving state.