'■ ■ !'
NINETEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
Third Regular Session 
}
25 JAN 27 PI2 30
i\. - .u ;•
SENATE
2951
S.B. No.
Introduced by Senator Francis "Tol" N. Tolentino
AN ACT
PENALIZING FOREIGN INTERFERENCE IN THE PHILIPPINES AND CREATING 
THE COUNTER FOREIGN INTERFERENCE COUNCIL, AND FOR OTHER 
PURPOSES
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 some wicked 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Philippines, enacted in 1979, is outdated and inadequate to address the evolving threats 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.
In response, 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 is intended 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 providers 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, immediate passage of this bill is earnestly sought.
*TOL" N. TOLENTINO
Senator


NINETEENTH CONGRESS OF THE } 
REPUBLIC OF THE PHILIPPINES }
Third Regular Session 
}
SENATE
s.B. No. 2951
25 ,IAN 27 R2 3
Introduced by Senator Francis nTol" N. Tolentino
AN ACT
PENALIZING FOREIGN INTERFERENCE IN THE PHILIPPINES AND CREATING 
THE COUNTER FOREIGN INTERFERENCE COUNCIL, AND FOR OTHER 
PURPOSES
1 
Section 1. Short Title. This Act shall be known as the "Counter Foreign
2 
Interference Act."
3 
Sec. 2. Declaration of Policy. It is the pol icy of the State to maintain peace and
4 
order, protect life, liberty, and property, and promote the general welfare as essential for
5 
the enjoyment of all citizens of the blessings of democracy. Moreover, it is the policy of
6 
the State to pursue an independent foreign policy wherein national sovereignty, territorial
7 
integrity, national interest, and the right to self-determination serve as paramount
8 
considerations in its relations with other states.
9 
Towards this end, the State shall endeavor to protect and secure its national
10 
sovereignty and security through the enactment of measures aimed at enhancing the
11 
nation's capacity to detect, prevent, and respond to foreign interference and other related
12 
threats, thereby protecting our democratic processes, economic stability, and national
13 
security.
14 
Sec. 3. Definition of Terms. As used in this Act:
15 
A. Access Blocking Order - refers to a legal directive that mandates internet
16 
service providers to restrict access to specific online content or services.
17 
B. Deception - An intentional of misleading, whether through words or conduct,
18 
including misrepresentation of intentions and/or conduct causing an
19 
unauthorized response from a person, computer, machine, or electronic
20 
device.


1 
C. Foreign Agent - refers to any person who acts or agrees to act as political
2 
consultant, public relations counsel, publicity agent, information
3 
representative, or as agent, servant, representative, or attorney for a foreign
4 
principal or for any domestic organization subsidized directly or indirectly in
5 
whole or in part by a foreign principal.
6 
The term "foreign agent" shall not include a duly accredited diplomatic or
7 
consular officer of a foreign country or officials of the United Nations and its
8 
agencies and of other internationai organizations recognized by the Republic
9 
of the Philippines while engaged in activities within the scope of their legitimate
10 
functions as such officers or a bona fide member or employee of a foreign
11 
press service or news organization while engaged in activities within the scope
12 
of his legitimate functions as such.
13 
D. Foreign Intelligence Agency- is a specialized foreign organization responsible
14 
for the collection, analysis, and dissemination of intelligence related to foreign
15 
entities, including governments, organizations, and individuals.
16 
E. Foreign Principal- refers to the government of a foreign country or a foreign
17 
political party; a foreigner located within or outside the jurisdiction of the
18 
Republic of the Philippines; or a partnership, association, corporation,
19 
organization or other entity owned or controlled by foreigners.
20 
F. Foreign Proxy - refers to any person with a formalized relationship with the
21 
foreign state who wittingly and knowingly conducts activities on behalf of the
22 
foreign state's interests.
23 
G. Internet Access Service Provider - refers to any organization that provides
24 
individuals and companies with access to the internet and related services.
25 
H. Online Publication - refers to any content that is published and distributed on
26 
the internet, including various digital formats such as but not limited to
27 
websites, blogs, and electronic articles.
28 
I. Person - refers to an individual, partnership, association, organization,
29 
corporation or any other combination of individuals.
30 
Sec. 4. Foreign Interference. Any person who engages in covert, deceptive,
31 
coercive, or threatening conduct whether alone or on behalf of, or in collaboration with,
32 
or directed, funded, or supervised by, a foreign principal, its agent or proxy, with the
33 
intention or without regard that such conduct will influence the political or governmental
34 
process, affect the exercise of democratic or political rights or duties in the Philippines
35 
or any part thereof, support the intelligence activities of a foreign principal, or prejudice


1 
the national security of the Philippines, shall be guilty of committing foreign
2 
interference.
3 
Sec. 5. Foreign Interference Involving Foreign Intelligence Agencies. It shall be
4 
unlawful for any unauthorized person to knowingly or unwittingly provide resources or
5 
material support to, receive or obtain funds from, or directly or indirectly make available
6 
funds to, a foreign intelligence agency or any person acting on behalf of such agency.
7 
Sec. 6. Foreign Interference by Electronic Communications Activity. Any person
8 
who electronically publish, alter, or delete information or materials on behalf of a foreign
9 
principal, its agent or proxy, knowing or having reason to believe that the publication,
10 
alteration or deletion is likely to prejudice national or public security, negatively impact
11 
public health, safety, or finances, affect diplomatic relations, incite enmity among
12 
influential groups, undermine public confidence in authorities, or influence the outcome
13 
of elections or referendums, shall be guilty of foreign interference by electronic
14 
communications activity.
15 
If, upon determination of the Counter Foreign Interference Council (CFIC) that an
16 
electronic communication will prejudice national or public security, negatively impact
17 
public health, safety, or finances, affect diplomatic relations, incite enmity among
18 
influential groups, undermine public confidence in authorities, or influence the outcome
19 
of elections or referendums, the CFIC may issue Access Blocking Order directing the
20 
internet access service provider to take reasonable steps to disable access by end-users
21 
in the Philippines to the online publication.
22 
An internet access service provider that does not comply with any access blocking
23 
order shall be fined with One Million Pesos (P1,000,000.00) for each day during which
24 
any part of that order is not fully complied with, up to a total of Five Hundred Million
25 
Pesos (P500,000,000.00).
26 
Sec. 7. Preparing or Planning fora Foreign Interference Offense. Any person who
27 
participates in the planning, preparing, or facilitating the commission of acts defined
28 
and penalized under Sections 4, 5 and 6 hereof shall be guilty of preparing or planning
29 
to commit foreign interference.
30 
Sec. 8. Conspiracy to Commit Foreign Interference. Any conspiracy to commit
31 
foreign interference defined and penalized under defined and penalized under Sections
32 
4, 5, 6, and 7 of this Act shall be held liable.
33 
There is conspiracy when two (2) or more persons come to an agreement
34 
concerning the commission of foreign interference as defined in Sections 4, 5, 6, and 7
35 
hereof and decide to commit the same.


1 
Sec. 9. Proposal to Commit Foreign Interference. Any person who proposes to
2 
commit foreign interference as defined in Sections 4, 5, 6, and 7 hereof shall be held
3 
liable.
4 
Proposal to commit foreign interference is committed when a person who has
5 
decided to commit any of the crimes defined and penalized under the provisions of this
6 
Act proposes its execution to some other person or persons.
7 
Sec. 10. Aiding and Abetting the Commission of Foreign Interference. Any person
8 
who knowingly or unwittingly aids, abets or protects a person 
who committed foreign
9 
interference as described in the immediately preceding sections, 
or gives them
10 
information on the movements of the military, law enforcement authority or intelligence
11 
units, when the latter are performing their official functions shall be guilty of aiding and
12 
abetting the commission of foreign interference.
13 
It shall be presumed that the person performing any of the acts mentioned herein
14 
has performed them knowingly, unless the contrary is proven.
15 
Sec. 11. Penalties. Any person found guilty for knowingly committing any of the
16 
acts under Sections 4, 5, 6 and 8 of this Act shall be punished with life imprisonment
17 
and a fine of not less than Five Million Pesos (P5,000,000.00) nor more than Ten Million
18 
Pesos (10,000,000.00), or both.
19 
Any person found guilty of aiding, abetting or protecting persons committing
20 
foreign interference as defined herein or giving information on the matters enumerated
21 
herein shall suffer the penalty of twelve years and a fine of not less than Two Million
22 
Pesos (P2,000,000.00) but not more than Five Million Pesos (P5,000,000.00), or both
23 
Sec. 12. Offense by Public Officials and Aliens. - The maximum penalties provided
24 
for herein shall be imposed if the offender is a government official or employee. In
25 
addition, they shall also suffer the penalty of absolute perpetual disqualification from
26 
holding any public office or employment.
27 
If the offender is an alien, he/she shall, in addition to the penalties herein
28 
prescribed, be deported without further proceedings after serving the penalties herein
29 
prescribed and not be allowed re-entry into the country.
30 
Sec. 13. Trial of Persons Charged Under this Act. - Any person charged for
31 
violations of any of the provisions of this Act shall be tried in special courts created for
32 
this purpose. In this regard, the Supreme Court shall designate certain branches of the
33 
Regional Trial Courts as Counter Foreign Interference Courts whose jurisdiction is
34 
exclusively limited to try violations of this Act.
35 
Persons charged under the provisions of this Act and witnesses shall be allowed to
36 
remotely appear and provide testimonies through the use of video-conferencing and


1 
such other technology now known or hereafter be known to science as approved by the
2 
Supreme Court.
3 
Sec. 14. The Counter Foreign Interference Council. A Counter Foreign
4 
Interference Council (CFIC) is hereby created. The members of the CFIC are: (1)
5 
Executive Secretary, as Chairperson, (2) National Security Adviser, as Vice
6 
Chairperson, (3) The Secretary of Justice (4) Department of Foreign Affairs (DFA), (5)
7 
Department of the Interior and Local Government (DILG),(6) Department of National
8 
Defense (DND), (7) Department of Information and Communications Technology
9 
(DICT), and (8) Anti-Money Laundering Council-Secretariat (AMLCS), as its members.
10 
The (1) Commission on Higher Education (CHED), (2) Department of Trade and
11 
Industry (DTI), (3) National Bureau of Investigation (NBI), (4) Armed Forces of the
12 
Philippines (AFP), and the (5) Philippine National Police (PNP) shall serve as the support
13 
agencies of the CFIC.
14 
The CFIC shall establish focus programs on critical components such as political,
15 
economic, social, technological, education, legal and military. These focus programs
16 
shall implement and enhance actionable plans, conduct risk assessments, and
17 
recommend policy adjustments to address emerging threats. By centralizing expertise
18 
and resources, CFIC aims to enhance the nation's capacity to detect, prevent, and
19 
respond to foreign interference, thereby protecting democratic processes, economic
20 
stability, and national security. Ttie CFIC shall perform the following functions:
21 
A. Provide comprehensive strategic direction and ensure cohesive execution of
22 
the National Counter Foreign Interference Strategy across various agencies
23 
and sectors;
24 
B. Collect, analyze, and assess intelligence related to foreign interference
25 
activities;
26 
C. Develop, review, and recommend policies and legislative measures to address
27 
and counter foreign interference;
28 
D. Manage and coordinate responses to incidents of foreign interference and
29 
related crises;
30 
E. Supervise and ensure the effective investigation and prosecution of legal cases
31 
involving foreign interference;
32 
F. Increase public understanding and resilience regarding foreign interference
33 
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;
K. 
Oversee the allocation and management of resources necessary for effective 
counter-interference operations; and,
L. 
Perform such other functions necessary to counter foreign interference.
The National Intelligence Coordinating Agency shall be the Secretariat of the CFIC.
14 
Sec. 15. Extraterritorial Application. Subject to the provision of any treaty of which
15 
the Philippines is a signatory and to any contrary provision of any law of preferential
16 
application, the provisions of this Act shall apply:
17 
A. To a Filipino citizen or national who commits any of the acts defined and
18 
penalized under Sections 4, 5, 6, 7, 8, and 9 of this Act outside the territorial
19 
jurisdiction of the Philippines;
20 
B. To individual persons who, although physically outside the territorial limits of
21 
the Philippines, commit any of the crimes mentioned in Paragraph (a) hereof
22 
inside the territorial limits of the Philippines;
23 
C. To individual persons who, although physically outside the territorial limits of
24 
the Philippines, commit any of the said crimes mentioned in Paragraph (a)
25 
hereof on board Philippine ship or Philippine airship;
26 
D. To individual persons who commit any of said crimes mentioned in Paragraph
27 
(a) hereof within any embassy, consulate, or diplomatic premises belonging to
28 
or occupied by the Philippine government in an official capacity;
29 
E. To individual persons who, although physically outside the territorial limits of
30 
the Philippines, commit said crimes mentioned in Paragraph (a) hereof against
31 
Philippine officials, their representatives, staff, agent, or envoy; and


1 
F. To individual persons who, although physically outside the territorial limits of
2 
the Philippines, commit said crimes directly against the Philippine government
3 
or its agent.
4 
In case of an individual who is neither a citizen or a national of the Philippines who
5 
commits any of the crimes mentioned in Paragraph (a) hereof outside the territorial limits
6 
of the Philippines, the Philippines shall exercise jurisdiction only when such individual
7 
enters or is inside the territory of the Philippines: Provided, That, in the absence of any
8 
request for extradition from the state where the crime was committed or the state where
9 
the individual is a citizen or national, or the denial thereof, the CFIC shall refer the case
10 
to the Bureau of Immigration for deportation or to the DOJ for prosecution in the same
11 
manner as if the act constituting the offense had been committed in the Philippines.
12 
Sec. 16. Authority of the Anti-Money Laundering Councii. In addition to the
13 
unlawful activities enumerated under Republic Act No. 9160, otherwise known as the
14 
Anti-Money Laundering Act of 2001,as amended, foreign interference, in any form, is
15 
hereby considered as an unlawful activity subject to the authority of the Anti-Money
16 
Laundering Council to conduct financial investigation, freezing of accounts, and forfeiture
17 
of assets.
18 
The AMLC, either upon its own initiative or at the request of the CFIC, is hereby
19 
authorized to investigate: (a) any property or funds that are in any way related to the
20 
commission of any acts as defined and penalized under this Act: and (b) property or funds
21 
of any person or persons in relation to whom there is probable cause to believe that such
22 
persons are committing or attempting or conspiring to commit, or participating in or
23 
facilitating the commission of any offenses under this Act.
24 
The AMLC may also enlist the assistance of any branch, department, bureau,
25 
office, agency or instrumentality of the government, including government-owned and -
26 
controlled corporations in undertaking measures to prevent the financing of foreign
27 
interference or support to foreign intelligence, which may include the use of its personnel,
28 
facilities and resources.
29 
For purposes of this section and notwithstanding the provisions of Republic Act
30 
No. 1405, otherwise known as the "Law on Secrecy of Bank Deposits", as amended;
31 
Republic Act No. 6426, otherwise known as the "Foreign Currency Deposit Act of the
32 
Philippines", as amended; Republic Act No. 8791, otherwise known as 'The General
33 
Banking Law of 2000" and other laws, the AMLC is hereby authorized to inquire into or
34 
examine deposits and investments suspected of any of the crimes defined and penalized
35 
under the provisions of this Act with any banking institution or non-bank financial
36 
institution and their subsidiaries and affiliates without a court order.
37 
Sec. 17. Surveiiiance of Suspects and Interception and Recording of
38 
Communications. The provisions of the Republic Act No. 4200, otherwise known as the


1 
"Anti-Wiretapping LaW to the contrary notwithstanding, a law enforcement agent or
2 
intelligence officer, who are duly authorized by their respective heads of agency may,
3 
upon a written order of the Regional Trial Court where any of the elements has been
4 
committed secretly wiretap, overhear, and listen to, intercept, screen, read, surveil,
5 
record or collect, with the use of any mode, form, kind or type of electronic, mechanical
6 
or other equipment or device or technology now known or may hereafter be known to
7 
science or with the use of any other suitable ways and means for the above purposes,
8 
any private messages in whatever form, kind or nature, spoken or written words (a)
9 
between the foreign agent and the principal or his representative; (b) between foreign
10 
agent and member of the Philippine community; or (c) any person charged or suspected
11 
of committing any of the provisions of this act.
12 
The law enforcement agent or intelligence officer shall likewise be obligated to (1)
13 
file an ex-parte application with the Regional Trial Court for the issuance of an order, to
14 
compel telecommunications service providers (TSP) and internet service providers (ISP)
15 
to produce all customer information and identification records as well as call and text data
16 
records, content and other cellular or internet metadata of any person suspected of any
17 
of the crimes defined and penalized under the provisions of this Act; and (2) furnish the
18 
National Telecommunications Commission (NTC) a copy of said application. The NTC shall
19 
likewise be notified upon the issuance of the order for the purpose of ensuring immediate
20 
compliance.
21 
Sec. 18. Impiementing Ruies and Reguiations. The CFIC and the DOJ shall
22 
forthwith promulgate such rules and regulations for the effective implementation of this
23 
Act within ninety (90) days after its effectivity.
24 
Sec. 19. Separabiiity Ciause. If any part or provision of this Act is held invalid or
25 
unconstitutional, the other provisions not affected thereby shall remain in full force and
26 
effect.
27 
Sec. 20. Repeaiing Ciause. All provisions of law which are in conflict with this Act
28 
are hereby repealed or modified accordingly.
29 
Sec. 21. Effectivity. This Act shall take effect fifteen (15) days after its pubiication
30 
in the Official Gazette or in a newspaper of general circulation.
Approved,
8