Key facts
- The Philippines House of Representatives approved a new anti-espionage bill on September 17.
- The bill updates the country's 1941 espionage law, expanding its scope to peacetime activities.
- Critics warn the bill's broad definitions could threaten civil liberties and free expression.
- Espionage and conspiracy to commit it carry penalties of life imprisonment and fines up to P20 million.
- Government officials convicted face perpetual disqualification from public office.
- The bill allows for secret wiretapping and examination of bank accounts for suspected spies.
The Philippines House of Representatives has approved a new anti-espionage bill, House Bill No. 9642, which significantly broadens the definition of espionage beyond wartime activities. The measure, passed on September 17, aims to replace the country's 84-year-old spying laws with harsher penalties, including life imprisonment without parole and substantial fines.
Critics, including opposition lawmakers and civil society groups, have voiced strong concerns that the bill's expansive definitions could be used to suppress dissent, stifle free expression, and hinder public scrutiny of critical national issues. ACT Teachers Representative Antonio Tinio argued that the bill's broad scope poses a danger to civil liberties in the name of national security. Gabriela Women's Party Representative Sarah Elago stated that the coverage of "critical infrastructure" could be used against critics and those advocating for their rights, effectively banning public oversight of essential industries like telecommunications and energy.
Kabataan Representative Renee Co drew parallels between the proposed law and the controversial 2020 Anti-Terrorism Law and the 2012 Terrorism Financing Prevention and Suppression Act, suggesting it could be weaponized against dissidents. The concerns echo broader debates about state powers and the documented practice of "red-tagging."
Proponents, however, frame the bill as a necessary update to address modern espionage threats, including cyberattacks and foreign influence operations. The push for reform gained momentum following the 2024 arrest of a former town mayor suspected of spying for China. Defense Secretary Gilberto Teodoro Jr. had previously highlighted the need for updated anti-spying provisions, with the Department of National Defense considering existing laws "archaic."
The new legislation criminalizes the sharing of "classified matter" in peacetime if it could harm the country or benefit foreign or domestic actors. It also targets unauthorized access to blueprints or layouts of critical infrastructure and defense facilities, unless obtained from open sources. The bill includes provisions for secret wiretapping, interception of communications, and examination of bank accounts linked to espionage offenses, with extraterritorial application for offenses committed abroad by Filipinos or on Philippine vessels and aircraft.