Republic of the Philippines

House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO. 2214

Introduced by Representatives Oscar “Oca” G. Malapitan, Roman T.
Romulo, Ramon Rodrigo L. Gutierrez, Nathaniel M. Oducado, & Johanne
Monich G. Bautista

EXPLANATORY NOTE

The increasing concern of the government regarding potential foreign
interference in the Philippines’ political and governmental affairs has prompted a deeper
examination of the tactics and objectives employed by malign state actors. These actors
have been infiltrating key areas of the bureaucracy, media, and critical infrastructures,
thereby threatening the nation’s national security, political stability, and sovereignty.

The current legal framework regulating the conduct of foreign agents in the
Philippines, enacted in 19791, is outdated and inadequate to address the evolving
threats on foreign interference. The government has recognized these concerns,
emphasizing the need for a new law specifically designed to counter foreign interference
effectively.

The proposed legislation aims to penalize the various methods through which
foreign agents and entities may interfere in the Philippine political and governmental
processes. This measure intends to safeguard national security and preserve
democratic integrity by punishing individuals involved in malign actions serving foreign
interests and prohibits support for foreign intelligence agencies to prevent their
infiltration. Additionally, it expands its scope to include harmful electronic
communications and imposes obligations to internet service provider to block access to
electronic communications that are prejudicial to national security and public safety.

Overall, the proposed legislation underscores that even the planning of foreign
interference can incur penalties, thereby reinforcing the government’s commitment to
protecting democratic processes from external influence.

In view of the foregoing and the pressing need for it in view of the constantly
evolving challenges to our national security, urgent approval of this measure is

earnestly sought. q

HON. ROMAN T. ROMULO
Lone District, Pasig City

HON. RAMON
1-RIDER PARTYCIST


Republic of the Philippines
House of Representatives
Quezon City, Metro Manila

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL No, 4214

Introduced by Representatives Oscar “Oca” G. Malapitan, Roman T.
Romulo, Ramon Rodrigo L. Gutierrez, Nathaniel M. Oducado, & Johanne
Monich G. Bautista

AN ACT
PENALIZING FOREIGN INTERFERENCE IN THE PHILIPPINES
AND CREATING THE COUNTER FOREIGN INTERFERENCE TASK
FORCE, AND FOR OTHER PURPOSES

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 “Counter Foreign
Interference Act.”

Sec. 2. Declaration of Policy. It is the policy of the State to maintain
peace and order, protect life, liberty, and property, and promote the general
welfare as essential for the enjoyment of all citizens of the blessings of
democracy. Moreover, it is the policy of the State to pursue an independent
foreign policy wherein national sovereignty, territorial integrity, national
interest, and the right to selfdetermination serve as paramount
considerations in its relations with other states.

Sec. 3. Definition of Terms. As used in this Act:

A. Access Blocking Order — refers to a legal directive that mandates
internet service providers to restrict access to specific online content
or services.

B. Deception - An intentional or reckless act of misleading, whether
through words or conduct, including misrepresentation of
intentions and/or conduct causing an unauthorized response from
a computer, machine, or electronic device.

C. 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.

D. Foreign Intelligence Agency — is a specialized organization
responsible for the collection, analysis, and dissemination of
intelligence related to foreign entities, including governments,
organizations, and individuals, to ensure national security and
support governmental operations.

E. 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.

F. 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.

G. Internet Access Service Provider - refers to any organization that
provides individuals and companies with access to the internet and
related services.

H. 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.

I. Person - refers to an individual, partnership, association,
corporation or any other combination of individuals.

J. Target - refers to individuals or entities that are influenced or
coerced by foreign actors to further foreign agendas. These targets
can face various forms of covert influence, manipulation, or
intimidation.

See. 4. Intentional Foreign interference. Any person who engages in
covert, deceptive, coercive, or threatening conduct on behalf of, or in
collaboration with, or directed, funded, or supervised by, a foreign principal,
its agent or proxy, with the intention 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 intentional foreign
interference and shall suffer the penalty of life imprisonment and/or a fine
not less than Five Million Pesos (P5,000,000.00) nor more than Ten Million
Pesos (P10,000,000.00).

Sec. 5. Intentional Interference Involving Targeted Persons. Any person
who conceals or fails to disclose to his target his conduct carried out on
behalf of, or in collaboration with, or directed, funded, or supervised by, a


foreign principal, its agent or proxy, with the intention that said act or
conduct will influence another person in relation to a political or
governmental process, or the exercise of any democratic rights or duties, of
the target, shall suffer the penalty of life imprisonment and/or a fine not less.
than Five Million Pesos (P5,000,000.00) nor more than Ten Million Pesos
(P10,000,000.00).

Sec. 6. Reckless Foreign Interference. Any person who engages in a
covert, deceptive, threatening, or coercive acts on behalf of, in collaboration
with, or directed, funded, or supervised by, a foreign principal, its agent or
proxy, without regard on whether the act will influence the political or
governmental processes, the exercise of a democratic or political right or
duty, support the intelligence activities of a foreign principal, its agent or
proxy, or prejudice the national security of the Philippines, shall suffer the
penalty of imprisonment of twelve (12) years and/or a fine not less Two
Million Pesos (P2,000,000.00) nor more than Five Million Pesos
(P5,000,000.00).

Sec. 7. Reckless Interference Involving Targeted Persons. Any person
who conceals or fails to disclose to his target his conduct carried out on
behalf of, or in collaboration with, or directed, funded, or supervised by, a
foreign principal, its agent or proxy, without regard on whether the conduct
will influence another person in relation to political or governmental
processes, or another person’s democratic right or duty shall the penalty of
imprisonment of twelve (12) years and/or a fine not less Two Million Pesos
(P2,000,000.00) nor more than Five Million Pesos (P5,000,000.00).

Sec. 8. Foreign Interference Involving Foreign Intelligence Agencies. It
shall be unlawful for any 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 guilty for
knowingly committing this provision shall be penalized with imprisonment
of twenty (20) years and/or a fine not less than Five Million Pesos
(P5,000,000.00) nor more than Ten Million Pesos (P10,000,000.00).

A penalty of twelve (12) years and/or a fine not less than Two Million
Pesos (P2,000,000.00) nor more than Five Million Pesos (P5,000,000.00)
shall be imposed on any person found guilty of unwittingly committing the
aforementioned acts.

ec. 9. Foreign Interference by Electronic Communications Activity. Any
person who engages in covert or deceptive electronic communications that
will result in, or involves publishing information on behalf of a foreign
principal, its agent or proxy, knowing or having reason to believe that the
published information is likely to prejudice national or public security,
negatively impact public health, safety, or finances, affect diplomatic
relations, incite enmity among groups or individuals, undermine public
confidence in authorities, or influence the outcome of parliamentary and
presidential elections or referendums, shall be penalized with imprisonment
of twenty (20) years and/or a fine not less than Five Million Pesos
(P5,000,000.00) nor more than Ten Million Pesos (P10,000,000.00).

If, upon determination of the Chairperson of the CFITF that an
electronic communication will prejudice national or public security,
negatively impact public health, safety, or finances, affect diplomatic


relations, incite enmity among groups or individuals, undermine public
confidence in authorities, or influence the outcome of parliamentary and
presidential elections or referendums, the Chairperson may issue Access
Blocking Order directing the 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 (1) million pesos for each day
during which any part of that order is not fully complied with, up to a total
of five hundred million pesos (Php500,000,000.00).

Sec. 10. Preparing or Planning for a Foreign Interference Offense. Any
person who participates in the planning, preparing, or facilitating the
commission of acts defined and penalized under Sections 4, 5, 6, 7, 8, and
9 hereof shall be penalized with twelve years imprisonment and/or a fine not
less than Two Million Pesos (P2,000,000.00) nor more than Five Million Pesos
(P5,000,000.00).

See. 11. Conspiracy to Commit Foreign Interference. Any conspiracy to
commit foreign interference defined and penalized under defined and
penalized under Sections 4, 5, 6, 7, 8, and 9 of this Act shall suffer the
penalty of twenty (20) years imprisonment and/or a fine not less than Five
Million Pesos (P5,000,000.00) nor more than Ten Million Pesos
(P10,000,000.00).

There is conspiracy when two (2) or more persons come to an agreement
concerning the commission of foreign interference as defined in Sections 4,
5, 6, 7, 8, 9, and 10 hereof and decide to commit the same.

Sec. 12. Proposal to Commit Foreign Interference. Any person who
proposes to commit terrorism as defined in Sections 4, 5, 6, 7, 8, 9, and 10
hereof shall suffer the penalty of imprisonment of twelve (12) years and/or
fine not less than Two Million Pesos (P2,000,000.00) nor more than Five
Million Pesos (P5,000,000.00).

Sec. 13. The Counter Foreign Interference Task Force. A Counter Foreign
Interference Task Force (CFITF) is hereby created. The members of the CFITF
are: (1) National Security Adviser, who shall be its Chairperson; (2) The
Secretary of Justice who shall be its Vice Chairperson; (3) Commission on
Election (COMELEC); (4) Department of Foreign Affairs (DFA), (5)
Department of the Interior and Local Government (DILG), (6) Department of
National Defense (DND); (7) Department of Trade and Industry (DTI), (8)
Department of Information and Communications Technology (DICT), (9)
Department of Social and Welfare Development (DSWD), (10) Commission
on Higher Education (CHED), (11) Armed Forces of the Philippines (AFP),
(12) Philippine National Police (PNP), (13) Anti-Money Laundering Council-
Secretariat (AMLCS), and (14) Philippine Information Authority (PIA) as its
members.

The CFITF will be structured into specialized sub-groups, each focusing
on critical components such as political, economic, social, technological,
education, legal and military. These sub-groups will be tasked to implement
and enhance actionable plans, conducting risk assessments, and
recommending policy adjustments to address emerging threats. By
centralizing expertise and resources, CFITF aims to enhance the nation's


capacity to detect, prevent, and respond to foreign interference, thereby
protecting democratic processes, economic stability, and national security.
‘The CFITF shall perform the following functions:

A. Provide comprehensive strategic direction and ensure cohesive
execution of the National Counter Foreign Interference Strategy
across various agencies and sectors;

B. Collect, analyze, and assess intelligence related to foreign
interference activities;

C. Develop, review, and recommend policies and legislative measures
to address and counter foreign interference;

D. Manage and coordinate responses to incidents of foreign
interference and related crises;

E. Supervise and ensure the effective investigation and prosecution of
legal cases involving foreign interference;

F. Increase public understanding and resilience regarding foreign
interference through education and outreach initiatives;

G. Strengthen cybersecurity measures to protect critical infrastructure
and digital systems from foreign interference;

H. Foster international partnerships and collaborate on counter-
interference efforts with other countries and global organizations;

I. Conduct regular risk assessments to identify vulnerabilities and
develop strategies to mitigate potential threats;

J. Monitor the effectiveness of counter-interference strategies and
provide regular reports on progress and challenges; and

K. Oversee the allocation and management of resources necessary for
effective counter-interference operations.

The NICA shall be the Secretariat of the CFITF and shall be responsible
for the following functions:

A. Provide administrative support to the CFITF by scheduling and
organizing meetings;

B. Organize and maintain a repository of documents, reports, and
other materials related to the task force’s work, including records of
meetings, decisions, and actions taken by the task force;

C. Handle internal communications between task force members and
act as a liaison between the task force and external stakeholders;
and

D. Monitor the progress of the task force’s initiatives.


Sec. 14, Extraterritorial Application. Subject to the provision of any
treaty of which the Philippines is a signatory and to any contrary provision of
any law of preferential application, the provisions of this Act shall apply:

A. Toa Filipino citizen or national who commits any of the acts defined
and penalized under Sections 4, 5, 6, 7, 8, and 9 of 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 their 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 CFITF shall refer the case to
the Bureau of Immigration for deportation or to the Department of Justice
(DOJ) for prosecution in the same manner as if the act constituting the offense
had been committed in the Philippines.

See. 15. Authority of the Anti-Money Laundering Council. In addition to
the unlawful activities enumerated under Section 2 of Republic Act No. 10365
or “An Act Further Strengthening the Anti-Money Laundering Law”, amending
for the Purpose Republic Act No. 9160, otherwise known as the “Anti-Money
Laundering Act of 2001”, foreign interference, in any form, is hereby
considered as an unlawful act subject to the authority of the Anti-Money
Laundering Council to conduct financial investigation, freezing of accounts,
and forfeiture of assets.

The AMLC, either upon its own initiative or at the request of the CFITF,
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.

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. 16. The provisions of the Republic Act No. 4200, otherwise known
as the “Anti-Wiretapping Law” to the contrary notwithstanding, a law
enforcement agent or intelligence officer may, upon a written order of the
Regional Trial Court 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 (a) between the foreign
agent and the principal or his representative; (b) between foreign agent and
member of the Philippine community; (c) or any person charged or suspected
of committing any of the provisions of this act.

The law enforcement agent or intelligence officer shall likewise be
obligated to (1) file an ex-parte application with the Regional Trial Court for
the issuance of an order, to compel telecommunications service providers
(TSP) and internet service providers (ISP) 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) a copy of said
application. The NTC shall likewise be notified upon the issuance of the order
for the purpose of ensuring immediate compliance.

Sec. 17. Implementing Rules and Regulations. The CFITF and the DOJ
shall forthwith promulgate such rules and regulations for the effective
implementation of this Act within ninety (90) days after its effectivity.

See. 18. Separability Clause. If, for any reason, any provision or part
hereof is declared unconstitutional, the remainder of this Act shall not be
affected by such declaration.

See. 19. Repealing Clause. All provisions of law which are in conflict
with this Act are hereby repealed or modified accordingly.


Sec. 20. Effectivity. This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,