Spies exploit domestic law gaps

The Philippines has yet to enact a law that specifically defines and criminalizes foreign interference because existing espionage laws have gaps, according to the Department of Justice (DoJ).

Senior State Counsel Fretti Ganchoon exposed the gap during a Senate Committee on National Defense and Security, Peace, Unification and Reconciliation hearing on several espionage bills.

Senator Erwin Tulfo asked how the DoJ defines threats to national security.

Garchoon said, “We have not yet in our existing laws actually defined and criminalized foreign interference. We already have an established crime: espionage. It’s just a matter of, Mr. Chair, modernizing our definition of espionage.”

The DoJ official said espionage is already a crime, but foreign interference has not yet been criminalized; if it is, the Philippines will be the first to criminalize it.

Difficult to prosecute spies

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, but the matter had not reached the DoJ.

The incident highlighted potential gaps in existing laws, particularly in cases involving possession of suspected espionage equipment without actually acquiring classified information.

“Because indeed there are gaps in our laws… Perhaps it would be difficult if there’s no actual obtaining or getting of classified information in such a case and it’s just mere possession of this equipment,” Ganchoon said.

Former National Security Council assistant director general Jonathan Malaya also said existing espionage laws were inadequate to cover certain acts involving sensitive government information.