Senate panel pushes to amend 'outdated' espionage law

The Senate Committee on National Defense and Security has been actively deliberating the proposed measure seeking for an expanded coverage of espionage law in the country. 

The Senate panel is tackling Senate Bill 2368, to amend the country’s “outdated” espionage laws under the Commonwealth Act No. 616 signed in 1941, and the Revised Penal Code which took effect in 1932.

Senate President Pro Tempore Jinggoy Estrada proposed for the enactment of SB 2368 long before the upper chamber started the investigation on alleged espionage links of dismissed Bamban, Tarlac mayor Alice Guo.

The measure seeks for the expansion of espionage coverage, which includes new provisions addressing cyber espionage. 

“This legislation is a response to evolving threats and technological advancements that could compromise the country's security,” Estrada said. 

The amendment of the measure recommends the enforcement of stiffer penalties against those guilty of foreign spying, including life imprisonment and fines amounting to at least P1 million. 

SB 2368 aims to bolster the safeguarding of government information and effectively address advancements in technology, encompassing electronic documents and cybersecurity.

The Senate panel previously conducted a public hearing on SB 2368 last 22 May, followed by the creation of a technical working group to refine the bill.

Defense Secretary Gilberto “Gibo” Teodoro Jr. earlier called for the amendment of the country’s espionage law, making it stiffer and allow the government to enforce punishments for the act during “times of peace.”

Teodoro’s call came after the release of an Al Jazeera documentary suggesting that Guo was a Chinese spy.

“I stand in solidarity with our Defense chief in pushing for reforms to our espionage laws, which were instituted almost a century ago,” Estrada said, as he backed Teodoro’s suggestion “given the significant changes in national defense and security over the years.”

“It is important to review and update these policies to ensure they are relevant to the current landscape. Any input from the Defense Department will be welcomed to help fine-tune the measure,” Estrada said. 

For his part, Senate President Francis “Chiz” Escudero urged the Department of National Defense (DND) to submit its proposed amendments to the espionage law, lamenting it is “seldomly used” here in the country. 

Escudero, a lawyer, explained that the law against espionage is contained in the Revised Penal Code and can only be applied in times of war.

“In my understanding, the espionage law could only be applied and used in times of war. That was in our 1932 Revised Penal Code (RPC). To my recollection, that law has never been used to sue anyone,” Escudero said. 

Though, Teodoro lamented that the espionage law was only applicable during “times of war,” he said, it is also timely that the law shall be effective during “peacetime.”

Espionage, under our existing laws, is punishable by 10 to 30 years in prison and a fine of P2,000 to P30,000. The RPC sets the penalty for espionage at six months and one day to six years in prison.