1
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. ________ 
Introduced by REP. JAVIER MIGUEL L. BENITEZ 
EXPLANATORY NOTE 
Recent events have underscored the vulnerability of the Philippines to covert 
surveillance and intelligence-gathering activities. In early 2025 alone, several 
high-profile arrests involving foreign nationals were made in connection with 
unauthorized surveillance, use of IMSI catchers, topographic mapping of military 
zones, and drone-based reconnaissance of critical infrastructure. Intelligence 
agencies have also recovered underwater autonomous devices across the 
archipelago, capable of capturing and transmitting encrypted environmental and 
positional data. These incidents reveal the increasing sophistication of espionage 
methods, and the urgent need for a responsive legal framework. 
Currently, 
Philippine 
law 
remains 
limited 
in 
scope 
and 
outdated. 
Commonwealth Act No. 616 (1941)1 and Article 117 of Act No. 3815 (1930), or the 
“Revised Penal Code,”2 prohibit treason and espionage, but they do not 
adequately address cyber-enabled surveillance, interference in democratic 
processes, or the use of proxy actors and technology-based tools for strategic 
infiltration. This bill fills those legislative gaps by defining and penalizing new 
forms of espionage and foreign interference, introducing categories such as 
unlawful access to classified matters, sabotage of national defense assets, use of 
surveillance equipment against government institutions, and online operations 
meant to influence public confidence or democratic outcomes. 
The bill also provides for the extraterritorial application of the law, enables 
surveillance of suspects through court-authorized wiretaps consistent with 
1 Commonwealth Act No. 616, “An Act to Punish Espionage and Other Offenses Against The 
National Security.” (June 04, 1941). 
2 Act No. 3815, “The Revised Penal Code.” (December 8, 1930).  
July 31, 2025
12:00 pm
2793


2
constitutional safeguards, and classifies espionage and interference as predicate 
offenses under the Anti-Money Laundering Act. Furthermore, it imposes higher 
penalties for public officials and foreign nationals found guilty of violating the 
Act, ensuring that accountability is both preventive and punitive. 
This measure is grounded on the constitutional mandate to protect national 
sovereignty and territorial integrity, as well as the inherent right of the State to 
defend itself against covert, deceptive, or coercive threats to its democratic 
institutions and national interests.3 
This bill is filed as a counterpart to a measure introduced by Senator Panfilo 
“Ping” Lacson in the Senate, and is consistent with similar bills filed in both 
chambers of the 20th Congress. Its filing affirms a shared legislative commitment 
to update the country’s national security laws in response to modern threats, 
including acts of espionage, foreign interference, cyber infiltration, and the 
unauthorized collection of sensitive state information. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
JAVIER MIGUEL L. BENITEZ 
3 1987 Constitution, Article II, Section 3, 5. 
  U.N. Charter, Chapter VII, Article 51. 


3
Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
TWENTIETH CONGRESS 
First Regular Session 
House Bill No. ________ 
Introduced by REP. JAVIER MIGUEL L. BENITEZ 
AN ACT DEFINING AND PENALIZING ESPIONAGE AND OTHER 
SIMILAR OFFENSES AGAINST NATIONAL SECURITY 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. – This Act shall be known as the “New Anti-
Espionage Act.” 
SEC. 2. Declaration of Policy. – It is a declared policy of the State that 
paramount consideration shall be given to its national sovereignty, territorial 
integrity, national interest, and the right to self-determination. The State 
recognizes that espionage is inimical to its sovereignty and democracy. Further, 
the fight against espionage, clandestine acquisition of sensitive information, and 
unlawful obtaining of classified information that affects national security or 
national defense requires a comprehensive approach. Finally, the conduct of 
interference by foreign jurisdictions on our political and governmental affairs 
poses a threat to our sovereignty and independence. To this end, the State shall 
adopt and implement effective measures to combat and prevent espionage and 
foreign interference to protect and promote national security and interests.  
In the implementation of the policy stated above, the State shall uphold the 
basic rights and fundamental liberties of the people as enshrined in the 
Constitution. 
SEC. 3.  Definition of Terms. – As used in this Act: 
(a) Classified Matter – refers to information or materials classified as top
secret, secret, confidential, and restricted, in whatever nature or form, that the 
2793


 
4
government or administrator of critical infrastructures deemed sensitive and 
requires protection from unauthorized disclosure. It includes everything 
classified under any issuance or legislation concerning the security classification 
of matters and information; 
 
(b) Critical Infrastructure – shall refer to an asset or system, whether 
physical or virtual, so essential to the maintenance of vital societal functions or to 
the delivery of essential public services that the incapacity or destruction of such 
systems and assets would have a debilitating impact on national defense and 
security, national economy, public health or safety, the administration of justice, 
and other functions analogous thereto. It may include, but is not limited to, an 
asset or system affecting telecommunications, water and energy supply, 
emergency services, food security, fuel supply, banking and finance, 
transportation, radio and television, information systems and technology, 
chemical and nuclear sectors; 
 
(c) Cyber – refers to digital technologies, computer or computer network, 
data and electronic medium in which online communication takes place; 
 
(d) National Defense – refers to the mechanism of the State to marshal a 
nation's forces and resources to protect national interests and respond to threats 
thereto; 
 
(e) National Defense Assets – refer to the following premises, materials, and 
utilities used by the Armed Forces of the Philippines, Philippine National Police 
and other law enforcement agencies, including their auxiliaries: 
 
i. National Defense Premises shall include but are not limited to, all 
buildings, grounds, mines, missile launch facilities, data centers, communication 
and information facilities, or other places where war or national defense material 
is produced, manufactured, repaired, stored, mined, extracted, distributed, 
loaded, unloaded, or transported, together with all machinery and appliances 
contained therein; where communications and data are processed, stored, 
transmitted, connected, and coordinated; where missiles are stored, assembled, 
and operated; and all ports, arsenals, navy yards, prisons, camps, or other 
military, naval or air stations; 
 
ii. National Defense Materials shall include satellite and other 
intelligence surveillance and reconnaissance systems, arms, weapon system, 
munition, missile, livestock, clothing, food, or fuel, communications, codes, 
formulas, gadgets, computers, communication devices, and shall also include 
supplies and all other articles of whatever description, and any part or ingredient 


 
5
thereof, intended for, adapted to, or suitable for the use of the Philippines in 
connection with national defense; and 
 
iii. National Defense Utilities shall include all railroads, railways, 
electric lines, roads of whatever description, railroad or railway fixture, canal, 
lock, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical 
contrivance, car, vehicle, boat, or aircraft, or any other means of transportation 
whatsoever, whereon or whereby such national defense materials or any troops 
of the Philippines are being or may be transported either within the limits of the 
Philippines or upon the high seas; and all dams, reservoirs, aqueducts, water and 
gas mains, oil or gasoline stations, pipes, structures, and buildings, whereby or in 
connection with which water, or gas, or oil, or gasoline, or other fluid is being 
furnished, or may be furnished, to national defense premises and all electric light 
and power, steam or pneumatic power, telephone, and telegraph plants, poles, 
wires, facilities, fiber optic infrastructures, antennas, base transceiver stations, 
data centers, satellites, and fixtures and wireless stations, and the buildings 
connected with the maintenance and operation thereof used to supply water, 
light, heat, has, oil, gasoline, fluid power, or facilities of communication to 
national defense premises; 
 
(f) National Security – refers to a state or condition in which the people's 
welfare, well-being, ways of life, government and its institutions, territorial 
integrity, sovereignty, and core values are protected and enhanced; 
 
(g) National Security Facility – refers to a building, installation or area 
housing classified or sensitive information, materials, or equipment, and is 
protected by security measures to prevent unauthorized access and protect 
classified information; 
 
(h) Prohibited Place – refers to a land, building, airspace, maritime domain, 
systems, network, cyberspace or any area designated by the President or the 
President's authorized representative, or the Secretary of National Defense as 
such to protect the security, safety and interest of the State; 
 
(i) Access Blocking Order – refers to a legal directive that mandates internet 
service providers to restrict access to specific online content or services; 
 
(j) Deception – refers to an intentional misleading, whether through words 
or conduct, including misrepresentation of intentions and/or conduct causing an 
unauthorized response from a person, computer, machine, or electronic device;  
 


 
6
(k) Foreign Agent – refers to any person who acts or agrees to act as political 
consultant, public relations counsel, publicity agent, information representative, 
or as agent, servant, representative, or attorney for a foreign principal or for any 
domestic organization subsidized directly or indirectly in whole or in part by a 
foreign principal. 
 
The term "foreign agent" shall not include a duly accredited diplomatic or 
consular officer of a foreign country or officials of the United Nations and its 
agencies and of other international organizations recognized by the Republic of 
the Philippines while engaged in activities within the scope of their legitimate 
functions as such officers or a bona fide member or employee of a foreign press 
service or news organization while engaged in activities within the scope of his 
legitimate functions as such; 
 
(I) Foreign Intelligence Agency – refers to a specialized foreign organization 
responsible for the collection, analysis, and dissemination of intelligence related 
to foreign entities, including governments, organizations, and individuals; 
 
(m) Foreign Principal – refers to the government of a foreign country or a 
foreign political party; a foreigner located within or outside the jurisdiction of the 
Republic of the Philippines; or a partnership, association, corporation, 
organization or other entity owned or controlled by foreigners; 
 
(n) Foreign Proxy – refers to any person with a formalized relationship with 
the foreign state who wittingly and knowingly conducts activities on behalf of the 
foreign state's interests; 
 
(o) Internet Access Service Provider – refers to any organization that provides 
individuals and companies with access to the internet and related services; 
 
(p) Online Publication – refers to any content that is published and 
distributed on the internet, including various digital formats such as but not 
limited to websites, blogs, and electronic articles; and 
 
(q) Person – refers to an individual, partnership, association, organization, 
corporation or any other combination of individuals. 
 
SEC. 4. Extraterritorial Application. – Subject to the provision of any 
treaty to which the Philippines is a signatory and to any contrary provision of any 
law of preferential application, the provisions of this Act shall apply: 
 


 
7
(a) To a Filipino citizen or national who commits any of the acts defined 
and penalized under this Act outside the territorial jurisdiction of the Philippines; 
 
(b) To individual persons who, although physically outside the territorial 
limits of the Philippines, commit any of the crimes mentioned in Paragraph (a) 
hereof inside the territorial limits of the Philippines; 
 
(c) To individual persons who, although physically outside the territorial 
limits of the Philippines, commit any of the said crimes mentioned in Paragraph 
(a) hereof on board Philippine ship or Philippine airship; 
 
(d) To individual persons who commit any of said crimes mentioned in 
Paragraph (a) hereof within any embassy, consulate, or diplomatic premises 
belonging to or occupied by the Philippine government in an official capacity; 
 
(e) To individual persons who, although physically outside the territorial 
limits of the Philippines, commit said crimes mentioned in Paragraph (a) hereof 
against Philippine officials, their representatives, staff, agent, or envoy; and 
 
(f) To individual persons who, although physically outside the territorial 
limits of the Philippines, commit said crimes directly against the Philippine 
government or its agent.  
 
In case of an individual who is neither a citizen or a national of the 
Philippines who commits any of the crimes mentioned in Paragraph (a) hereof 
outside the territorial limits of the Philippines, the Philippines shall exercise 
jurisdiction only when such individual enters or is inside the territory of the 
Philippines: Provided, That, in the absence of any request for extradition from the 
state where the crime was committed or the state where the individual is a citizen 
or national, or the denial thereof, the National Security Council (“NSC”) shall 
refer the case to the Bureau of Immigration for deportation or to the DOJ for 
prosecution in the same manner as if the act constituting the offense had been 
committed in the Philippines. 
 
SEC. 5. Espionage. – Espionage is committed by any person who, within 
or outside the Philippines, deals with classified matters without authority, 
through physical, electronic, cyber, or any other means, which causes or tends to 


 
8
cause injury to the Philippines or gives or tends to give advantage to a state, 
nation, entity, or individual, whether foreign or domestic. 
 
Dealing with a classified matter shall mean receiving, obtaining, collecting, 
possessing, processing, recording, copying, reproducing, disclosing or 
communicating, publishing, delivering, transferring, transmitting, making 
available, concealing, selling, procuring, buying, altering, compromising or 
destroying its integrity. 
 
Any person who accesses any sketch, drawing, map, lay-out, blueprint, 
graphical or multimedia representation of critical infrastructure, prohibited place, 
or national defense assets, without authority shall also be held liable for 
espionage: Provided, That only the President or the President's authorized 
representative, or the Secretary of National Defense, as the case may be, may 
grant authorization to enter or deal with representations of prohibited places and 
national defense premises.  
 
Any person who makes or assists in making a false declaration or 
statement for the purpose of obtaining authorization from a competent authority 
shall be presumed guilty of this offense. 
 
Possession of a classified matter by an unauthorized person shall be prima 
facie evidence of disclosure against the person who, by reason of his official 
functions, is in custody of said classified matter. 
 
Any person who commits the aforementioned acts shall suffer the penalty 
of life imprisonment without the benefit of parole and the benefits provided in 
Article 29, 94, 97, 98, and 99 of Act No. 3815, or the "Revised Penal Code" as 
amended by Republic Act No. 10592 and by a fine of not less than Ten Million 
Pesos (P10,000,000.00) but not more than Twenty Million Pesos (P20,000,000.00). 
 
SEC. 6. Conspiracy to Commit Espionage. – Conspiracy to commit 
espionage as defined in Section 5 hereof shall be penalized with life imprisonment 
without the benefit of parole and the benefits provided in Articles 29, 94,97,98, 
and 99 of Act No. 3815, or the "Revised Penal Code" as amended by Republic Act 
No. 10592 and by a fine of not less than Ten million Pesos (P10,000,000.00) but not 
more than Twenty Million Pesos (P20,000,000.00). 
 
There is conspiracy when two (2) or more persons come to an agreement 
concerning the commission of espionage as defined in Section 5 hereof and decide 
to commit the same. 
 


 
9
SEC. 7. Proposal to Commit Espionage. – Any person who proposes to 
commit espionage as defined in Section 5 hereof shall suffer the penalty of ten 
(10) to twelve (12) years imprisonment and a fine of not less than Five Million 
Pesos (P5,000,000.00) but not more than Ten Million Pesos (P10,000,000.00). 
 
There is proposal when the person who has decided to commit espionage 
proposes its execution to some other person or persons. 
 
SEC. 8. Acts of Destruction, Interference, and Obstruction. – It shall be 
unlawful for any person to cause or attempt to cause destruction, interference, or 
obstruction to the national defense efforts against armed conflict by: 
 
(a) making or causing to be made, or attempting to make or cause to be 
made any national defense or national security material in a defective manner, 
including those used or employed in the making, producing, manufacturing, or 
repairing of such materials; or 
 
(b) destroying or attempting to destroy any national defense assets. 
 
Any person found to be in violation of this provision shall suffer the 
penalty often (10) to twelve (12) years imprisonment and a fine of not less than 
Five Million Pesos (P5,000,000.00) but not more than Ten Million Pesos 
(P10,000,000.00). 
 
SEC. 9. Disloyal Acts or Words Affecting National Security, National 
Defense, and Critical Infrastructure. – It shall be unlawful for any person to 
commit any of the following acts to any member of the government or any 
institution or entity whose function is critical to the preservation and promotion 
of national defense and national security, or protection of critical infrastructure:  
 
(a) incite, coerce, deceive, or otherwise cause insubordination, disloyalty, 
mutiny, or refusal of duty by any member of the aforementioned entities; 
 
(b) distribute any material or information that incites, coerces, deceives, or 
causes insubordination, disloyalty, mutiny, or refusal of duty by any member of 
the aforementioned entities; 
 
(c) make or convey false reports or statements causing interference with or 
obstruction to the operation or success of the government, particularly in matters 
relating to national security or defense, or to promote the success of enemy forces; 
or, 
 


 
10
(d) obstruct the recruitment or enlistment efforts of the military or the 
uniformed personnel during armed conflict. 
 
Any person found to be in violation of this provision shall suffer the 
penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than 
Five Million pesos (P5,000,000.00) but not more than Ten Million pesos 
(P10,000,000.00). 
 
SEC. 10. Unlawful Possession or Control of Surveillance or Mapping 
Equipment. – It shall be unlawful for any person to possess or control any 
surveillance system or equipment, including but not limited to cameras, listening 
or tracking devices, or any other technological means for the purpose of 
surveilling, monitoring, or spying on government officials, military personnel, or 
individuals involved in national security or defense activities, prohibited places, 
critical infrastructure, national defense assets or making a map related thereto. 
Any person found to be in violation of this Section shall suffer the penalty of ten 
(10) to twelve (12) years imprisonment and a fine of not less than Ten Million 
Pesos (P10,000,000.00) but not more than Twenty Million Pesos (P20,000,000.00). 
 
SEC. 11. Interference. – Any person who engages in covert, deceptive, 
coercive, or threatening conduct whether alone or on behalf of, or in collaboration 
with, or directed, funded, or supervised by, a foreign principal, its agent or proxy, 
with the intention or without regard that such conduct will influence the political 
or governmental process, affect the exercise of democratic or political rights or 
duties in the Philippines or any part thereof, support the intelligence activities of 
a foreign principal, or prejudice the national security of the Philippines, shall be 
guilty of committing interference. Any person found to be in violation of this 
Section shall suffer the penalty of life imprisonment and a fine of not less than 
Ten Million Pesos (P10,000,000.00) nor more than Twenty Million Pesos 
(P20,000,000.00), or both. 
 
SEC. 12. Interference Involving Foreign Intelligence Agencies. – It shall be 
unlawful for any unauthorized person to knowingly or unwittingly provide 
resources or material support to, receive or obtain funds from, or directly or 
indirectly make available funds to, a foreign intelligence agency or any person 
acting on behalf of such agency. Any person found to be in violation of this 
Section shall suffer the penalty of life imprisonment and a fine of not less than 
Ten Million Pesos (P10,000,000.00) nor more than Twenty Million Pesos 
(P20,000,000.00), or both. 
 


 
11
SEC. 13. Implementing Rules and Regulations. – Interference by Electronic 
Communications Activity. - Any person who electronically publish, alter, or 
delete information or materials on behalf of a foreign principal, its agent or proxy, 
knowing or having reason to believe that the publication, alteration or deletion is 
likely to prejudice national or public security, negatively impact public health, 
safety, or finances, affect diplomatic relations, incite enmity among influential 
groups, undermine public confidence in authorities, or influence the outcome of 
elections or referendums, shall be guilty of interference by electronic 
communications activity. Any person found to be in violation of this Section shall 
suffer the penalty of life imprisonment and a fine of not less than Ten Million 
Pesos (P10,000,000.00) nor more than Twenty Million Pesos (P20,000,000.00), or 
both. 
 
If, upon determination of the NSC that an electronic communication will 
prejudice national or public security, negatively impact public health, safety, or 
finances, affect diplomatic relations, incite enmity among influential groups, 
undermine public confidence in authorities, or influence the outcome elections or 
referendums, the NSC may issue Access Blocking Order directing internet access 
service provider to take reasonable steps to disable access by end users in the 
Philippines to the online publication. 
 
An internet access service provider that does not comply with any access 
blocking order shall be fined with One Million Pesos (P1,000,000.00) for each day 
during which any part of that order is not fully complied with, up to a total of 
Five Hundred Million Pesos (P500,000,000.00). 
 
SEC. 14. Preparing or Planning for an Interference Offense. – Any person 
who participates in the planning, preparing, or facilitating the commission of acts 
defined and penalized under Sections 11, 12, and 13 hereof shall be guilty of 
preparing or planning to commit an interference offense. Any person found to be 
in violation of this Section shall suffer the penalty of life imprisonment and a fine 
of not less than Five Million Pesos (P5,000,000.00) nor more than Ten Million 
Pesos (P10,000,000.00), or both. 
 
SEC. 15. Conspiracy to Commit Interference. – Any conspiracy to commit 
interference defined and penalized under defined and penalized under Sections 
11, 12, 13, and 14 of this Act shall be held liable with life imprisonment and a fine 
of not less than Ten Million Pesos (P10,000,000.00) nor more than Twenty Million 
Pesos (P20,000,000.00), or both. 
 


 
12
There is conspiracy when two (2) or more persons come to an agreement 
concerning the commission of interference as defined in Sections 11, 12, 13, and 
14 hereof and decide to commit the same. 
 
SEC. 16. Proposal to Commit Interference. – Any person who proposes to 
commit foreign interference as defined in Sections 11, 12, 13, and 14 hereof shall 
be held liable with life imprisonment and a fine of not less than Five Million Pesos 
(P5,000,000.00) nor more than Ten Million Pesos (10,000,000.00), or both. 
 
Proposal to commit interference is committed when a person who has 
decided to commit any of the crimes defined and penalized under the provisions 
of this Act proposes its execution to some other person or persons. 
 
SEC. 17. Aiding or Abetting. – Any person who aids or abets another to 
commit any of the offenses defined and penalized under this Act shall suffer the 
penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than 
Ten Million Pesos (P10,000,000.00) but not more than Twenty Million Pesos 
(P20,000,000.00). 
 
SEC. 18. Harboring, Concealing or Facilitating the Escape of Violators of 
the Law. – Harboring, concealing or facilitating the escape of a person whom one 
knows, or has reasonable ground to believe or suspect, has committed, or is about 
to commit, any of the offenses defined and penalized under this Act shall suffer 
the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less 
than Ten Million Pesos (Php10,000,000.00) but not more than Twenty Million 
Pesos (Php20,000,000.00). 
 
SEC. 19. Liability of Government Officials and Employees, and 
Foreigners. – A government official or employee found guilty of committing any 
of the offenses punishable under this Act shall suffer absolute perpetual 
disqualification from any public office, and the maximum penalty provided in 
this Act. 
 
Foreigners found guilty of committing any offense punishable herein shall, 
in addition to the penalties prescribed under this Act, be deported immediately 
without further proceedings after the service of sentence and be permanently 
barred from entering the country. 
 
SEC. 20. Designation of Prohibited Places by Proclamation. – For 
purposes of this Act, the President or the President's duly authorized 
representative, or the Secretary of National Defense, as the case may be, may 
designate prohibited places where military or classified activities, matters of 


 
13
information relative to defense and national security are conducted, prepared, 
manufactured, processed, used, or stored indicating the reason for such 
designation. 
 
National defense premises and national security facilities as defined herein 
shall be considered prohibited places without need of such proclamation. 
 
SEC. 21. Classification and Custody of Classified Matters During Inquiry, 
Investigation and Prosecution. – All inquiries, investigations, and prosecutions 
related to offenses punishable under this Act including any related documents, 
evidence, proceedings, and communications, shall be classified according to the 
security sensitivity of the matter involved. Such classified matters shall be 
handled in accordance with the existing and subsequent guidelines in the 
handling of classified matters and shall only be accessible to individuals with the 
requisite security clearance and on a need-to-know basis.  
 
Access to any material or information pertaining to espionage or 
interference inquiries, investigations, or prosecutions shall be strictly limited to 
authorized persons whose duties require such access, including law enforcement, 
intelligence officers, military officials, judicial authorities, and personnel directly 
involved in the conduct of the investigation or prosecution. Any unauthorized 
disclosure, dissemination, or sharing of classified information shall be subject to 
penalties as provided under this 
 
The Department of Justice (“DOJ”) and the Office of the National Security 
Adviser shall ensure the proper classification, safeguarding, and control of such 
sensitive information, including establishing procedures for access, review, and 
declassification, where appropriate. 
 
SEC. 22. Surveillance of Suspects and Interception and Recording of 
Communications. – The provisions of Republic Act No. 4200, otherwise known 
as the "Anti-Wiretapping Law" to the contrary notwithstanding, a military 
personnel, law enforcement agent, or intelligence officer duly authorized by their 
respective heads of the agency may, upon written order of the Court of Appeals 
secretly wiretap, overhear, and listen to, intercept, screen, read, surveil, record or 
collect, with the use of any mode, form, kind or type of electronic, mechanical or 
other equipment or device or technology now known or may hereafter be known 
to science or with the use of any other suitable ways and means for the above 
purposes, any private messages in whatever form, kind or nature, spoken or 
written words any person charged or suspected of committing any of the offenses 
defined and penalized under this Act: Provided, That such written order shall only 
be issued or granted upon written application and the examination under oath or 


 
14
affirmation of the applicant and the witnesses he may produce and a showing: (1) 
that there are reasonable grounds to believe that any of the crimes enumerated 
hereinabove has been committed or is being committed or is about to be 
committed; (2) that there are reasonable grounds to believe that evidence will be 
obtained essential to  the conviction of any person for, or to the solution of, or to 
the prevention of, any of such crimes; and (3) that there are no other means readily 
available for obtaining such evidence. 
 
The law enforcement agent, military personnel, or intelligence officer shall 
(1) file an ex-parte application with the Court of Appeals, where the 
telecommunications service providers (“TSPs”) and internet service providers 
(“ISPs”) are situated, for the issuance of an order, to compel TSPs and ISPs to 
produce all customer information and identification records as well as call and 
text data records, content and other cellular or internet metadata of any person 
suspected of any of the crimes defined and penalized under the provisions of this 
Act; and (2) furnish the National Telecommunications Commission (“NTC”) with 
a copy of said application. The NTC shall be notified by the applicant-law 
enforcement agent, -military personnel, or intelligence officer upon the issuance 
of the order to ensure immediate compliance. 
 
SEC. 23. Authority of the Anti-Money Laundering Council (“AMLC”). – In 
addition to the unlawful activities enumerated under Republic Act No. 9160, 
otherwise known as the Anti-Money Laundering Act of 2001, as amended, 
espionage and interference, in any form, is hereby considered an unlawful 
activity subject to the authority of the AMLC to conduct financial investigation, 
freezing of accounts, and forfeiture of assets. 
 
The AMLC, either upon its own initiative or at the request of the NSC, is 
hereby authorized to investigate: (a) any property or funds that are in any way 
related to the commission of any acts as defined and penalized under this Act: 
and (b) property or funds of any person or persons in relation to whom there is 
probable cause to believe that such persons are committing or attempting or 
conspiring to commit, or participating in or facilitating the commission of any 
offenses under this Act. 
 
The AMLC may also enlist the assistance of any branch, department, 
bureau, office, agency, or instrumentality of the government, including 
government-owned and -controlled corporations, in undertaking measures to 
prevent the financing of foreign interference or support to foreign intelligence, 
which may include the use of its personnel, facilities, and resources. 
 


 
15
For purposes of this section and notwithstanding the provisions of 
Republic Act No. 1405, otherwise known as the "Law on Secrecy of Bank 
Deposits", as amended; Republic Act No. 6426, otherwise known as the "Foreign 
Currency Deposit Act of the Philippines", as amended; Republic Act No. 8791, 
otherwise known as "The General Banking Law of 2000" and other laws, the 
AMLC is hereby authorized to inquire into or examine deposits and investments 
suspected of any of the crimes defined and penalized under the provisions of this 
Act with any banking institution or non-bank financial institution and their 
subsidiaries and affiliates without a court order. 
 
SEC. 24. Forfeiture of Materials and Effects. – Upon conviction for any 
offense penalized under this Act, all materials and effects directly used or 
intended to be used in the commission of such offense shall be subject to forfeiture 
proceedings in favor of the government and disposed of in accordance with 
applicable laws, rules, and regulations. 
 
SEC. 25. Liability for Use of Information and Communication Technology. 
– Section 6 of Republic Act 10175, or the "Cybercrime Prevention Act of 2012", 
shall be applied in case any of the offenses defined and penalized in this Act is 
committed with the use of information and communication technology. 
 
SEC. 26. Implementing Rules and Regulations. – Within one hundred 
twenty (120) days from the effectivity of this Act, the Department of National 
Defense, the DOJ, and the National Intelligence Coordinating Agency shall 
formulate the necessary rules and regulations to ensure the efficient and effective 
implementation of this Act. 
 
SEC. 27. Separability Clause. – If any part or provision of this Act is held 
invalid or unconstitutional, the other provisions not affected thereby shall remain 
in full force and effect. 
 
SEC. 28. Repealing Clause. – All provisions of law which are in conflict 
with this Act are hereby repealed or modified accordingly. 
 
SEC. 29. Effectivity. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in a newspaper of general circulation. 
 
 
Adopted,