TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE
S. No. 73
25 JUL-3 P 3 56
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Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
DEFINING AND PENALIZING ESPIONAGE AND OTHER OFFENSES AGAINST 
NATIONAL SECURITY
EXPLANATORY NOTE
The Philippines' primary measures on espionage were enacted into law way 
back in the 1930s and 1940s, namely Commonwealth Act No. 616 or "An Act to Punish 
Espionage and Other Offenses Against the National Security" signed in June 1941, and 
the Revised Penal Code which took effect in 1932, particularly Article 117 thereof.
Under the Commonwealth Act No. 616, espionage is defined as the offense of 
gathering, transmitting, or losing information respecting the national defense with 
intent or reason to believe that the information is to be used to the injury of the 
Republic of the Philippines or to the advantage of any foreign nation. It is also one of 
the four crimes against national security under the Revised Penal Code - the other 
three are treason, conspiracy and proposal to commit treason, and misprision of 
treason. Espionage is a crime not conditioned by the citizenship of the offender, as in 
treason. While treason is committed only in time of war, espionage may be committed 
in time of peace and in time of war1.
Under prevailing laws, only information, materials, and other concerns 
pertaining to "national defense" unlawfully obtained and/or disclosed to the injury of 
the Philippines or to the advantage of any foreign nation constitute espionage with 
the penalty of imprisonment ranging from not more than ten years to thirty years, and
1 Reyes, Luis. B. The Revised Penal Code Criminal Law, Book Two, Articles 114-367. 2021 Edition.
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a fine of only up to Thirty thousand pesos. Under the Revised Penal Code, espionage 
is meted with the penalty of prision correcciona!or imprisonment from six months and 
one day to six years.
This measure proposes stiffer penalties for espionage - that is life imprisonment 
without the benefit of parole and the benefits of Republic Act No. 10592, such as 
allowance for good conduct, and fine of twenty to fifty million pesos. It is imperative 
to update the penal provisions of laws governing espionage commensurate to the 
potential harm that such criminal actions may cause to the country's stability, peace 
and prosperity.
Espionage is also expanded to cover possession, reproduction, transmittal, 
alteration, or compromising the integrity of classified matters or information related 
not only to national defense but also to national security and critical infrastructure 
without proper authority through physical, electronic, cyber or any other means. This 
proposed legislation contemplates and hopes to counter a wider range of threats to 
the nation's wellbeing not limited to military secrets and defense facilities, but also 
unauthorized access, manipulation and unlawful use of information to disrupt essential 
public services and undermine social institutions.
Considering the antiquated nature of our espionage laws which were approved 
more than eight decades ago, the immense changes in the national defense and 
security landscape since then, and the continuing geopolitical tensions in the region, 
today is an opportune time to revisit pertinent policies and introduce appropriate 
amendments therein.
This measure was prepared and reported out by the Senate Committee on 
National Defense and Security, Peace, Unification and Reconciliation and sponsored 
by this representation during the 19th Congress.
The passage of this legislation is earnestly sought.
lOY EJERCITO ESTRADA


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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
)
SENATE 
S. No. 7.*^
25 jiJL -3 P3 56
h' '
Introduced by Senator Jinggoy Ejercito Estrada
AN ACT
DEFINING AND PENALIZING ESPIONAGE AND OTHER 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 affect the national security or national defense requires 
comprehensive approach. To this end, the State shall adopt and implement effective 
measures to combat and prevent espionage 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 in whatever nature or 
form, that is designated as classified for national security purposes. It


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includes everything classified under any issuance or legislation concerning 
the security classification of matters and information;
b) Critical infrastructure refers to assets, systems, public works and networks, 
including but not limited to transportation, utilities, digital systems and 
information and communications technology, whether physical or virtual, 
that are considered vital and their destruction or disruption would have a 
debilitating impact on national security, health and safety, or economic well­
being of citizens, or any combination thereof;
c) Cyber refers to digital technologies, computer or computer network, data 
and the 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, sovereignty and territorial 
integrity 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, including its auxiliaries:
1) 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 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 army, naval, or 
air stations;
2) 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 thereof, intended for, adapted to, or suitable for 
the use of the Philippines in connection with national defense; and


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3) National defense utilities shaW include all railroads, railways, electric lines,
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roads of whatever description, railroad or railway fixture, canal, lock,
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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 national
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defense materials or any troops of the Philippines are being or may be
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transported either within the limits of the Philippines or upon the high
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seas; and all dams, reservoirs, aqueducts, water and gas mains, oil or
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gasoline stations, pipes, structures, and buildings, whereby or in
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connection with which water, or gas, or oil, or gasoline, or other fluid is
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being furnished, or may be furnished to national defense premises and
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all electric light and power, steam or pneumatic power, telephone, and
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telegraph plants, poles, wires, facilities, fiber optic infrastructures,
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antennas, base transceiver stations, data centers, satellites, and fixtures
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and wireless stations, and the buildings connected with the maintenance
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and operation thereof used to supply water, light, heat, gas, oil, gasoline,
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fluid, power, or facilities of communication to national defense premises;
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f) National security refers to a state or condition in which the people's welfare,
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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
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information;
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h) Person refers to any natural and juridical persons unless the context
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indicates otherwise; and
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i) Prohibited Place refers to a land, building, airspace, maritime domain,
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systems, network, cyberspace or any area designated by the President or
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the President's authorized representative, or the Secretary of National
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Defense as such to protect the security, safety and interests of the State.
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Sec. 4. Espionage. - Espionage is committed by any person who, within or
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outside the Philippines, deals with classified matters without authority, through


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physical, electronic, cyber, or any other means, which causes or has intent to cause
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injury to the Philippines or gives or tends to give advantage to a state, nation, entity
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or individual, whether foreign or domestic.
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Dealing with a classified matter shail 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,
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graphical or multimedia representation of critical infrastructure, prohibited place, or
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national defense assets, without authority shall also be held liable for espionage:
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Provided, That only the President or the President's authorized representative, or the
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Secretary of National Defense, as the case may be, may grant authorization to enter
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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 prime 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 who commits the aforementioned acts shall suffer the penalty of
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life imprisonment without the benefit of parole and the benefits provided in Articles
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29, 94, 97, 98 and 99 of Act No. 3815, or the "Revised Penal Code" as amended by
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Republic Act No. 10592 and by a fine of not less than Twenty million pesos
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(Php20,000,000.00) but not more than Fifty million pesos (Php50,000,000.00).
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Sec. 5. Conspiracy to Commit Espionage. - Conspiracy to commit espionage as
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defined in Section 4 hereof shall be penalized with life imprisonment without the benefit
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of parole and the benefits provided in Articles 29, 94, 97, 98 and 99 of Act No. 3815,
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or the "Revised Penal Code" as amended by Republic Act No. 10592 and by a fine of


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not less than Twenty million pesos (Php20,000,000.00) but not more than Fifty million
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pesos (Php50,000,000.00).
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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 Section 4 hereof and decide to
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commit the same.
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Sec. 6. 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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(Phpl0,000,000.00) but not more than Twenty million pesos (Php20,000,000.00).
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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. 7. Acts of destruction, interference, and obstruction. - It shall be unlawful
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for any person to cause or attempt to cause destruction, interference, or obstruction
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to the government's activities against threats to national defense and national security
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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,
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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.
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Any person found to be in violation of this provision shall suffer the penalty of
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ten (10) to twelve (12) years imprisonment and a fine of not less than Ten million
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pesos (Phpl0,000,000.00) but not more than Twenty million pesos
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(Php20,000,000.00).
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Sec. 8. Disloyal Acts or Words Affecting National Defense, National Security,
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and Critical Infrastructure. - It shall be unlawful for any person to commit any of the
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following acts to any member of the government or any institution or entity whose
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function is critical to the preservation and promotion of national defense and national
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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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causes insubordination, disloyalty, mutiny, or refusal of duty by any member
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of the aforementioned entities;
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c) make, disseminate or convey false reports, information or statements
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causing interference with or obstruction to the operation or success of the
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government, particularly in matters relating to national security or defense,
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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
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uniformed personnel during armed conflict.
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Any person found to be in violation of this provision shall suffer the penalty of
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ten (10) to twelve (12) years imprisonment and a fine of not less than Ten million
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pesos (Phpl0,000,000.00) but not more than Twenty million pesos
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(Php20,000,000.00).
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Sec. 9. Unlawful Possession or Control of Surveillance or Mapping Equipment
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- It shall be unlawful for any person to possess or control any surveillance system or
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equipment, including but not limited to cameras, listening or tracking devices, or any
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other technological means for the purpose of surveilling, monitoring, or spying on
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government officials, military personnel, or individuals involved in national security or
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defense activities, prohibited places, critical infrastructure, national defense assets or
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making a map related thereto. Any person found to be in violation of this Section shall
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suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less
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than Ten million pesos (Phpl0,000,000.00) but not more than Twenty million pesos
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(Php20,000,000.00).
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Sec. 10. 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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(Phpl0,000,000.00) but not more than Twenty million pesos (Php20,000,000.00).
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Sec. 11. Harboring, Concealing or Facilitating the Escape of Violators of the Law.
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— Harboring, concealing or facilitating the escape of a person whom one knows, or
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has reasonable ground to believe or suspect, has committed, or is about 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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(Phpl0,000,000.00) but not more than Twenty million pesos (Php20,000,000.00).
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Sec. 12. Liability of Government Officials and Employees, Military Officers and
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Personnel, Foreigners and Juridical Entities. - A government official or employee found
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guilty of committing any of the offenses punishable under this Act shall suffer absolute
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perpetual disqualification from any public office and the maximum penalty provided in
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this Act.
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Military officers and personnel charged with violations under this Act shall be
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tried by General Courts-Martial under Commonwealth Act No. 408 or the "Articles of
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War," as amended.
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Foreigners found guilty of committing any offense punishable herein shall, in
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addition to the penalties prescribed under this Act, be deported immediately without
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further proceedings after the service of sentence and be permanently barred from
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entering the country.
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The partner, president, director, manager, trustee, administrator or officer of
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any juridical entity who consents to, knowingly tolerates or, due to negligence, fails
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to prevent the commission of a violation of this Act shall be held liable. In addition to
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the payment of fine by the juridical entity, its registration and license to operate with
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the appropriate government authorities shall be cancelled and revoked permanently,
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as ordered by the Court, without prejudice to the imposition of sanctions pending trial.
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Sec. 13. Designation of Prohibited Places by Proclamation. — For purposes of
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this Act, the President or the President's duly authorized representative, or the
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Secretary of National Defense, as the case may be, may designate prohibited places
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where military or classified activities, matters or information relative to defense and
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national security are conducted, prepared, manufactured, processed, used, or stored
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indicating the reason for such designation.
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National defense premises and national security facilities as defined herein shall
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be considered prohibited places without need of such proclamation.
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Sec. 14. Classification and Custody of Classified Matters During Inquiry,
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Investigation and Prosecution. - All inquiries, investigations, and prosecutions related
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to espionage, including any related documents, evidence, proceedings, and
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communications, shall be classified according to the security sensitivity of the matter


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involved. Such classified matters shall be handled in accordance with the existing and
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subsequent guidelines in the handling of classified matters and shall only be accessible
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to individuals with the requisite security clearance and on a need-to-know basis.
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Access to any material or information pertaining to espionage inquiries,
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investigations, or prosecutions shali be strictly limited to authorized persons whose
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duties require such access, including law enforcement, intelligence officers, military
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officials, judicial authorities, and personnel directly involved in the conduct of the
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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. 15. Surveillance of Suspects and Interception and Recording of
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Communications. - The provisions of Republic Act No. 4200, otherwise known as the
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"Anti-Wiretapping Law" to the contrary notwithstanding, a military personnel, law
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enforcement agent, or intelligence officer duly authorized by their respective heads of
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the agency may, upon written order of the Regional Trial Court where any of the
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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
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application and the examination under oath or affirmation of the applicant and the
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witnesses one may produce and a showing: (1) that there are reasonable grounds to
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believe that any of the crimes enumerated herein has been committed or is being
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committed or is about to be committed; (2) that there are reasonable grounds to
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believe that evidence wili be obtained essential to the conviction of any person for, or


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to the solution of, or to the prevention of, any of such crimes; and (3) that there are
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no other means readily available for obtaining such evidence.
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The law enforcement agent, military personnel, or intelligence officer shall (1)
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file an ex parte application with the Regional Trial Court, where the
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telecommunications service providers (TSPs) and internet service providers (ISPs) are
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situated, for the issuance of an order, to compel TSPs and ISPs to produce all customer
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information and identification records as well as call and text data records, content
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and other cellular or internet metadata of any person suspected of any of the crimes
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defined and penalized under the provisions of this Act; and (2) furnish the National
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Telecommunications Commission (NTC) with a copy of said application. The NTC shall
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be notified by the court upon the issuance of the order to ensure immediate
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compliance.
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Sec. 16. Forfeiture of Materials and Effects. - Upon conviction for any offense
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under this Act, all materials and effects directly used or intended to be used in the
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commission of such offense may be subject to forfeiture in favor of the government
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and disposed of in accordance with applicable laws, regulations, and procedures.
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Sec. 17. Extraterritorial Application. - The provisions of this Act shall apply to
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any person, who commits any of the offenses defined and penalized under this Act,
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regardless of the stage of the commission of the offense, within or outside the
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territorial jurisdiction of the Philippines.
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Sec. 18. Implementing Rules and Regulations. - Within one hundred twenty
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(120) days from the effectivity of this Act, the Department of National Defense, the
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DOJ, and the National Intelligence Coordinating Agency shall formulate the necessary
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rules and regulations to ensure the efficient and effective implementation of this Act.
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Sec. 19. Separability Clause. - If any provision of this Act is declared
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unconstitutional, the remainder thereof not otherwise affected shall remain in full force
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and effect.
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Sec. 20. Repealing Clause. - Article 117 of the Revised Penal Code,
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Commonwealth Act No. 616, and other laws, rules and regulations inconsistent with
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this Act are hereby repealed. All other laws, decrees, executive orders, letters of
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instruction, proclamations, or administrative regulations that are inconsistent with the
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provisions of this Act are hereby repealed, amended or modified accordingly.


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Sec. 21. Effectivity. -This Act shall take effect after fifteen (15) days following
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its publication in the Official Gazette or in a newspaper of general circulation.
Approved,
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