Senate pushes new Anti-Espionage Act amid security concerns

Senate President Pro Tempore Jinggoy Ejercito Estrada pushed for the enactment of the New Anti-Espionage Act, citing alarming incidents involving the arrest of foreign nationals spying on both military and civilian activities in the country using advanced technologies.

Presiding over the Senate Committee on National Defense and Security hearing on Wednesday, Estrada stressed the urgency of passing a bill that updates what he described as the “country's World War II-era law against espionage.”

He underscored the need to expand the scope of the law amid the use of modern technology in espionage activities.

“May mga makabagong pamamaraan na ng paniniktik gaya ng electronic o cyber means na hindi saklaw ng antiquated na Commonwealth Act No. 616 (There are latest uses of spying activities, such as electronic or cyber means, that are not covered by the antiquated Commonwealth Act No. 616),” he said.

Discussing the merits of his proposed bill, Estrada said Senate Bill 73, or the proposed New Anti-Espionage Act—along with measures filed by Senators Panfilo Lacson, Joel Villanueva, and Juan Miguel Zubiri—all seek to overhaul the outdated espionage law.

“Considering the antiquated nature of our espionage laws — which were approved more than eight decades ago, the immense changes in the national defense and security landscape since then, and the continuing geopolitical tensions in the region, today is an opportune time to revisit pertinent policies and introduce appropriate amendments,” Estrada said.

Estrada has refiled his anti-espionage bill in the 19th Congress after it failed to pass in the previous Congress due to the absence of a counterpart measure in the House of Representatives.

The proposed legislation introduces sweeping reforms aimed at strengthening national security, including life imprisonment without parole and fines of up to P50 million for those found guilty of espionage.

Beyond direct acts of spying, the bill also criminalizes conspiracy, aiding and abetting offenders, harboring spies, and attempts to disrupt or interfere with national defense and security operations.

It mandates the classification and safeguarding of sensitive information, judicially supervised surveillance of suspects, and forfeiture of materials used in espionage activities.

The proposed law applies extraterritorially, ensuring accountability for both Filipino citizens and foreign nationals regardless of where the offense is committed.

Foreigners found guilty of any offense under the law will, in addition to serving their sentence, be immediately deported after imprisonment and permanently barred from reentering the country.

The bill also imposes perpetual disqualification from public office and the maximum penalty on any government official or employee found guilty of engaging in spying activities.

“This bill aims to close the glaring gaps in our current legal framework and respond to the evolving threats brought about by cyber technologies and modern warfare tactics,” Estrada said.

“Espionage is no longer confined to physical spaces. With the rise of cyber and digital platforms, sensitive information can be stolen without crossing borders. We need a law that is comprehensive, future-ready, and strongly deterrent,” he added.