DOJ: Philippines lacks law criminalizing foreign interference
The Department of Justice (DOJ) said the Philippines has yet to enact a law specifically defining and criminalizing foreign interference due to gaps in existing espionage laws.
According to DOJ Senior State Counsel Fretti Ganchoon, the country has no existing law that defines and criminalizes foreign interference.
Ganchoon made the statement during a Senate Committee on National Defense and Security, Peace, Unification and Reconciliation hearing on several bills concerning espionage, when Senator Erwin Tulfo asked how the government defines threats to national security.
“We have not yet in our existing laws actually defined and criminalized foreign interference. We already have an established crime, which is espionage. It's just a matter of, Mr. Chair, modernizing our definition of espionage,” Ganchoon said.
The DOJ official said espionage is already an established crime, but foreign interference has yet to be criminalized. If enacted, the proposed measure would mark the first time the Philippines criminalizes foreign interference.
She cited a 2025 incident in which Chinese nationals were charged with espionage after they were arrested with equipment suspected of being used for spying. However, the matter had not reached the DOJ.
The incident highlighted potential gaps in existing laws, particularly in cases involving the possession of suspected espionage equipment without the actual acquisition of classified information.
“Because indeed there are gaps in our laws… Perhaps it would be difficult if there's no actual obtention or getting of classified information in such a case and it's just mere possession of this equipment, Mr. Chair,” Ganchoon said.
Meanwhile, former National Security Council Assistant Director General Jonathan Malaya also said existing espionage laws were inadequate to cover certain acts involving sensitive government information.
He said acts involving government secrets outside military installations, including information held by the Department of Foreign Affairs, the Office of the President and other civilian government agencies, would not be covered by Commonwealth Act No. 616 or Article 117 of the Revised Penal Code.
Enacted in 1941, Commonwealth Act No. 616 penalizes espionage and certain disloyal acts affecting the Philippines and the United States.