1 
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. ____________ 
Introduced by CIBAC Party-List Representative 
EDUARDO “BRO. EDDIE” C. VILLANUEVA 
EXPLANATORY NOTE 
Espionage poses a direct and serious threat to a nation’s sovereignty, defense, 
and democratic institutions. In today’s context of rapid technological change, 
heightened geopolitical rivalries, and deep reliance on digital infrastructure, the 
Philippines must modernize its legal framework on espionage to effectively address 
new national security challenges. 
At present, the country’s laws against espionage rely largely on the Revised 
Penal Code of 1930, specifically Title One on crimes against national security and the 
law of nations. While these provisions once served their purpose, they are outdated in 
language and limited in scope. They fail to capture present-day threats such as cyber 
intrusions into classified systems, insider infiltration, disinformation campaigns, and 
digital surveillance which target critical state institutions. 
This proposed “New Anti-Espionage Act” seeks to establish a comprehensive 
and updated legal framework to define, prevent, and penalize espionage and related 
acts that endanger national security. The measure recognizes that espionage today 
extends beyond traditional models of physical infiltration and document theft. It now 
encompasses unauthorized cyber access to sensitive information, surveillance of 
defense assets, tampering with critical infrastructure, and the hostile use of digital 
networks. 
The bill also accounts for espionage that occurs both within and outside 
Philippine territory, acknowledging the role of both state and nonstate actors. It 
provides for extraterritorial application, imposes strong penalties, and lays down clear 
safeguards for the handling of classified materials during investigation and prosecution. 
Protection under this measure covers not only physical defense installations and 
documents but also digital and virtual systems that sustain military operations, 
intelligence networks, and essential public services. It designates prohibited areas, 
strengthens controls over access to sensitive facilities, and establishes accountability 
for individuals, organizations, government officials, and foreign agents engaged in acts 
that compromise national security. 
September 1, 2025
8:00 am
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At the same time, the bill balances security needs with constitutional rights. It 
requires strict judicial authorization for surveillance and intelligence operations and 
mandates transparent and accountable procedures for managing classified matters 
under established security protocols. 
The urgency of this measure lies in ensuring that Philippine law is not only 
responsive but anticipatory – capable of preventing, investigating, and punishing 
espionage in its modern forms. The New Anti-Espionage Act fills critical gaps in 
existing law, reinforces institutional resilience, and equips the State to protect its 
people and sovereignty from threats both foreign and domestic. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
EDUARDO “BRO. EDDIE” C. VILLANUEVA 


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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
HOUSE BILL NO. ______ 
Introduced by CIBAC Party-List Representative 
EDUARDO “BRO. EDDIE” C. VILLANUEVA 
AN ACT  
DEFINING AND PENALIZING ESPIONAGE AND OTHER OFFENSES AGAINST 
NATIONAL SECURITY 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the "New Anti- Espionage 
1 
Act." 
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SEC. 2. Declaration of Policy. - It is the policy of the State to give paramount 
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importance to national sovereignty, territorial integrity, national security, and the right 
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to self-determination. The State recognizes that espionage and the unlawful 
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acquisition of classified or sensitive information pose serious threats to national 
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security and democratic institutions. In pursuit of its national interest, the State shall 
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adopt a comprehensive and coordinated approach to prevent, detect, and combat 
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espionage and related acts. Toward this end, effective measures shall be implemented 
10 
to safeguard the country's security and promote the welfare of the Filipino people. 
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12 
In the implementation of the policy stated above, the State shall uphold the basic 
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rights and fundamental liberties of the people as enshrined in the Constitution. 
14 
15 
SEC 3. Definition of Terms. - For purposes of this Act, the following terms are 
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defined: 
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a) Classified Matter refers to information or materials, in whatever nature or form,
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that is designated as classified for National Security purposes. It includes
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everything classified under any issuance or legislation concerning the
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security classification of matters and information;
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b) Critical Infrastructure refers to assets, systems, public works and networks,
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including but not limited to transportation, utilities, digital systems, and
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information and communications technology, whether physical or virtual, that
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are considered vital, and their destruction or disruption would have a
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debilitating impact on national security, health and safety, or economic
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wellbeing of citizens, or any combination thereof;
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c) Cyber refers to digital technologies, computer or computer network, data and 
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the electronic medium in which online communication takes place;  
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d) National Defense refers to the mechanism of the State to marshal a nation's 
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forces and resources to protect national interests, sovereignty, and territorial 
4 
integrity, and respond to threats thereto;  
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e) National Defense Assets refer to the following premises, materials, and 
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utilities used by the Armed Forces of the Philippines (AFP), including its 
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auxiliaries:  
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1. National Defense Premises shall include, but are not limited to, all 
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buildings, grounds, mines, missile launch facilities, data centers, 
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information and communications facilities, or other places where 
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national defense material is produced, manufactured, repaired, stored, 
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mined, extracted, distributed, loaded, unloaded, or transported, 
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together with all machinery and appliances contained therein; where 
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communications and data are processed, stored, transmitted, 
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connected, and coordinated; where missiles are stored, assembled, 
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and operated; and all ports, arsenals, navy yards, prisons, camps, or 
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other army, naval, or air stations;  
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2. National Defense Materials shall include satellite and other intelligence, 
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surveillance and reconnaissance systems, arms, weapon system, 
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munition, missile, livestock, clothing, food, or fuel, communications, 
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codes, formulas, gadgets, computers, communication devices, and 
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shall also include supplies and all other articles of whatever description, 
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and any part or ingredient thereof, intended for, adapted to, or suitable 
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for the use of the Philippines in connection with National Defense; and  
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3. National Defense Utilities shall include all railroads, railways, electric 
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lines, roads of whatever description, railroad or railway fixture, canal, 
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lock, wharf, pier, dock, bridge, building, structure, engine, machine, 
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mechanical contrivance, car, vehicle, boat, or aircraft, or any other 
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means of transportation whatsoever, whereon or whereby such 
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National Defense Materials or any troops of the Philippines are being 
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or may be transported either within the limits of the Philippines or upon 
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the high seas; and all dams, reservoirs, aqueducts, water and gas 
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mains, oil or gasoline stations, pipes, structures, and buildings, 
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whereby or in connection with which water, or gas, or oil, or gasoline, 
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or other fluid is being furnished, or may be furnished to National 
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Defense premises and all electric light and power, steam or pneumatic 
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power, telephone, and telegraph plants, poles, wires, facilities, fiber 
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optic infrastructures, antennas, base transceiver stations, data centers, 
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satellites, and fixtures and wireless stations, and the buildings 
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connected with the maintenance and operation thereof used to supply 
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water, light, heat, gas, oil, gasoline, fluid, power, or facilities of 
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communication to National Defense premises.  
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f) National Security refers to a state or condition in which the people's welfare, 
44 
well-being, ways of life, government and its institutions, territorial integrity, 
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sovereignty, and core values are protected and enhanced;  
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g) National Security Facility refers to a building, installation or area housing 
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classified or sensitive information, materials, or equipment, and is protected 
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by security measures to prevent unauthorized access of Classified Matters;  
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h) Person refers to any natural and juridical person unless the context indicates 
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otherwise; and Prohibited Place refers to a land, building, airspace, maritime 
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domain, systems, network, cyberspace, or any area designated by the 
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President of the Philippines or the President's authorized representative, or 
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the Secretary of National Defense as such to protect the security, safety, and 
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interests of the State. 
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SEC 4. Espionage. - Espionage is committed by any person, within or outside 
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the Philippines, who deals with classified matters without authority, through physical, 
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electronic, cyber, or any other means, which causes or has intent to cause injury to 
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the Philippines or gives or tends to give advantage to a state, nation, entity or individual, 
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whether foreign or domestic.  
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Dealing with a classified matter shall mean receiving, obtaining, collecting, 
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possessing, processing, recording, copying, reproducing, disclosing or communicating, 
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publishing, delivering, transferring, transmitting, making available, concealing, 
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intercepting, interfering, selling, procuring, buying, altering, compromising or 
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destroying its integrity, or allowing classified information under one's custody to be 
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removed from its proper place, delivered, communicated, transmitted, or disclosed to 
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an unauthorized person, stolen, abstracted, intercepted or compromised.  
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Any person who accesses any sketch, drawing, map, lay out, blueprint, graphical 
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or multimedia representation of critical infrastructure, prohibited place, or National 
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Defense assets, without authority shall also be held liable for espionage: Provided, 
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That only the President of the Philippines or the President's authorized representative, 
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or the Secretary of National Defense, as the case may be, may grant authorization to 
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enter or deal with representations of prohibited places and National Defense premises.  
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Any person who makes or assists in making a false declaration or statement for 
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the purpose of obtaining authorization from a competent authority shall be presumed 
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guilty of this offense.  
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Possession of a classified matter by an unauthorized person shall be prima facie 
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evidence of disclosure against the person who, by reason of his official functions, is in 
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custody of said classified matter.  
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Any person, whether acting singly or in conspiracy, who commits the 
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aforementioned acts shall suffer the penalty of life imprisonment without the benefit of 
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parole and the benefits provided in Articles 29, 94, 29 97, 98 and 99 of Act No. 3815, 
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otherwise known as the "Revised Penal Code," as amended by Republic Act. No. 
40 
10592, and by a fine of not less than Twenty Million Pesos (P20,000,000.00) but not 
41 
more than Fifty Million Pesos (P50,000,000.00).  
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There is conspiracy when two (2) or more persons come to an agreement 
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concerning the commission of espionage as defined in this Section and decide to 
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commit the same.  
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SEC. 5. Proposal to Commit Espionage - Any person who proposes to commit 
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espionage as defined in Section 4 hereof shall suffer the penalty of ten (10) to twelve 
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(12) years imprisonment and by a fine of not less than Ten Million Pesos 
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(P10,000,000.00) but not more than Twenty Million Pesos (P20,000,000.00).  
2 
 
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There is proposal when the person who has decided to commit espionage 
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proposes its execution to some other person or persons.  
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SEC 6. Acts of Destruction, Interference, and Obstruction. - It shall be 
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unlawful for any person to cause or attempt to cause destruction, interference, or 
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obstruction to the government's activities against threats to national defense and 
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national security by:  
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a) making or causing to be made, or attempting to make or cause to be made 
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any National Defense or National Security material in a defective manner, 
13 
including those used or employed in the making, producing, manufacturing, 
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or repairing of such materials; or  
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b) destroying or attempting to destroy any National Defense assets. Any person 
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found to be in violation of this provision shall suffer the penalty of ten (10) to 
17 
twelve (12) years imprisonment and a fine of not less than Ten Million Pesos 
18 
(P10,000,000.00) but not more than Twenty Million Pesos (P20,000,000.00).  
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SEC 7. Disloyal Acts or Words Affecting National Defense, National 
21 
Security, and Critical Infrastructure. - It shall be unlawful for any person to commit 
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any of the following acts to any member of the government or any institution or entity 
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whose function is critical to the preservation and promotion of national defense and 
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national security, or protection of critical infrastructure:  
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a) incite, coerce, deceive, or otherwise cause insubordination, disloyalty, 
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mutiny, or refusal of duty by any member of the aforementioned entities; 
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b) distribute any material or information that incites, coerces, deceives, or 
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cause insubordination, disloyalty, mutiny, or refusal of duty by any 
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member of the aforementioned entities;  
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c) make, disseminate, or convey false reports, information or statements 
32 
causing interference with or obstruction to the operation or success of 
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the government, particularly in matters relating to national security or 
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defense, or to promote the success of enemy forces; or  
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d) obstruct the recruitment or enlistment efforts of the military or the 
36 
uniformed personnel during armed conflict. Any person found to be in 
37 
violation of this provision shall suffer the penalty of ten (10) to twelve 
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(12) years imprisonment and a fine of not less than Ten Million Pesos 
39 
(P10,000,000.00) 
but 
not 
more 
than 
Twenty 
Million 
pesos 
40 
(P20,000,000.00).  
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SEC 8. Unlawful Possession or Control of Surveillance or Mapping 
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Equipment. - It shall be unlawful for any person to possess or control any surveillance 
44 
system or equipment, including but not limited to cameras, listening or tracking devices, 
45 
or any other technological means for the purpose of surveilling, monitoring, or spying 
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on government officials, military personnel, or individuals involved in national security 
47 
or defense activities, prohibited places, critical infrastructure, national defense assets 
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or making a map related thereto. Any person found to be in violation of this Section 
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shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not 
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less than Ten Million Pesos (P10,000,000.00) but not more than Twenty Million Pesos 
1 
(P20,000,000.00).  
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SEC. 9. Abetting or Aiding. - Any person who abets or aids another to commit 
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any of the offenses defined and penalized under this Act shall suffer the penalty of ten 
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(10) to twelve (12) years imprisonment and a fine of not less than Ten Million Pesos 
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(P10,000,000.00) but not more than Twenty Million Pesos (P20,000,000.00).  
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SEC. 10. Harboring, Concealing or Facilitating the Escape of Violators of 
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the Law. - Harboring, concealing, or facilitating the escape of a person whom one 
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knows, or has reasonable ground to believe or suspect, has committed, or is about to 
11 
commit, any of the offenses defined and penalized under this Act shall suffer the 
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penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than Ten 
13 
Million Pesos (P10,000,000.00) but not more than Twenty Million Pesos 
14 
(Php20,000,000.00).  
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SEC 11. Liability of Government Officials and Employees, Military Officers 
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and Personnel, Foreigners, and Juridical Entities. - A government official or 
18 
employee found guilty of committing any of the offenses punishable under this Act 
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shall suffer absolute perpetual disqualification from any public office and the maximum 
20 
penalty provided in this Act.  
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Military officers and personnel charged with violations under this Act shall be tried 
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by General Courts-Martial under Commonwealth Act No. 408 or the "Articles of War," 
24 
as amended.  
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Foreigners found guilty of committing any offense punishable herein shall, in 
27 
addition to the penalties prescribed under this Act, be deported immediately without 
28 
further proceedings after the service of sentence and be permanently barred from 
29 
entering the Philippines.  
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The partner, president, director, manager, trustee, administrator or officer of any 
32 
juridical entity who consents to, knowingly tolerates or, due to negligence, fails to 
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prevent the commission of a violation of this Act shall be held liable. In addition to the 
34 
payment of fine by the juridical entity, its registration and license to operate with the 
35 
appropriate government authorities shall be cancelled and revoked permanently, as 
36 
ordered by the court, without prejudice to the imposition of sanctions pending trial.  
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SEC 12. Designation of Prohibited Places by Proclamation. - For purposes 
39 
of this Act, the President of the Philippines or the President's duly authorized 
40 
representative, or the Secretary of National Defense, as the case may be, may 
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designate prohibited places where military or classified activities, matters or 
42 
information relative to defense and national security are conducted, prepared, 
43 
manufactured, processed, used, or stored indicating the reason for such designation.  
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National defense premises and national security facilities as defined herein shall 
46 
be considered prohibited places without need of such proclamation.  
47 
 
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SEC. 13. Classification and Custody of Classified Matters During Inquiry, 
49 
Investigation, and Prosecution. - All inquiries, investigations, and prosecutions 
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related to espionage, including any related documents, evidence, proceedings, and 
1 
communications, shall be classified according to the security sensitivity of the matter 
2 
involved. Such classified matters shall be handled in accordance with the existing and 
3 
subsequent guidelines in the handling of classified matters and shall only be 
4 
accessible to individuals with the requisite security clearance and on a need-to-know 
5 
basis.  
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Access to any material or information pertaining to espionage inquiries, 
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investigations, or prosecutions shall be strictly limited to authorized persons whose 
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duties require such access, including law enforcement, intelligence officers, military 
10 
officials, judicial authorities, and personnel directly involved in the conduct of the 
11 
investigation or prosecution. Any unauthorized disclosure, dissemination, or sharing 
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of classified information related to espionage cases shall be subject to penalties as 
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provided under Section 4 of this Act.  
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The Department of Justice (DOJ) and Office of the National Security Adviser 
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shall ensure the proper classification, safeguarding, and control of such sensitive 
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information, including establishing of procedures for access, review, and 
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declassification, where appropriate.  
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SEC 14. Surveillance of Suspects and Interception and Recording of 
21 
Communications. - The provisions of Republic Act No. 4200, otherwise known as the 
22 
"Anti-Wiretapping Law" to the contrary notwithstanding, a military personnel, law 
23 
enforcement agent, or intelligence officer duly authorized by their respective heads of 
24 
the agency may, upon written order of the Regional Trial Court where any of the 
25 
elements for the violation of this Act has been committed or about to be committed, 
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wiretap, overhear, and listen to, intercept, screen, read, surveil, record or collect, with 
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the use of any mode, form, kind or type of electronic, mechanical or other equipment 
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or device or technology now known or may hereafter be known to science or with the 
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use of any other suitable ways and means for the above purposes, any private 
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messages in whatever form, kind or nature, spoken or written words any person 
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charged or suspected of committing any of the offenses defined and penalized under 
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this Act: Provided, That such written order shall only be issued or granted upon written 
33 
application and the examination under oath or affirmation of the applicant and the 
34 
witnesses one may produce and a showing: 
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a) that there are reasonable grounds to believe that any of the crimes 
37 
enumerated herein has been committed or is being committed or is about to 
38 
be committed;  
39 
b) that there are reasonable grounds to believe that the evidence that will be 
40 
obtained is essential to the conviction of any person for, or to the solution of, 
41 
or to the prevention of, any of such crimes; and  
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c) that there are no other means readily available for obtaining such evidence.  
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The law enforcement agent, military personnel, or intelligence officer shall: (1) 
45 
file an ex parte application with the Regional Trial Court, where the 
46 
telecommunications service providers (TSPs) and internet service providers (ISPs) 
47 
are situated, for the issuance of an order, to compel TSPs and ISPs to produce all 
48 
customer information and identification records as well as call and text data records, 
49 
content and other cellular or internet metadata of any person suspected of any of the 
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crimes defined and penalize under the provisions of this Act; and (2) furnish the 
1 
National Telecommunications Commission (NTC) with a copy of said application. The 
2 
NTC shall be notified by the court upon the issuance of the order to ensure immediate 
3 
compliance.  
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SEC 15. Forfeiture of Materials and Effects. - Upon conviction for any offense 
6 
under this Act, all materials and effects directly used or intended to be used in the 
7 
commission of such offense may be subject to forfeiture in favor of the government 
8 
and disposed of in accordance with applicable laws, regulations, and procedures.  
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SEC. 16. Extraterritorial Application. - The provisions of this Act shall apply to 
11 
any person, who commits any of the offenses defined and penalized under this Act, 
12 
regardless of the stage of the commission of the offense, within or outside the territorial 
13 
jurisdiction of the Philippines.  
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SEC. 17. Implementing Rules and Regulations. - Within one hundred twenty 
16 
(120) days from the effectivity of this Act, the Department of National Defense, the 
17 
DOJ, and the National Intelligence Coordinating Agency shall formulate the necessary 
18 
rules and regulations to ensure the efficient and effective implementation of this Act. 
19 
 
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SEC. 18. Separability Clause. – If any portion or provision of this Act is declared 
21 
unconstitutional, the remainder hereof or any provisions not affected thereby shall 
22 
remain in force and effect. 
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SEC. 19. Repealing Clause. – Any law, presidential decree or issuance, 
25 
executive order, letter of instruction, rule, or regulation inconsistent with the provisions 
26 
of this Act is hereby repealed or modified accordingly. 
27 
 
SEC. 20. Effectivity. – This Act shall take effect fifteen (15) days after its 
28 
complete publication in the Official Gazette or in a newspaper of general circulation. 
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Approved, 
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