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‘TWENTIETH CONGRESS iy ey
First Regular Session INDE:
HOUSE BILL NO. 1844

Introduced by Representative LEILA M. DE LIMA

AN ACT
AMENDING ARTICLE 117 OF ACT NO. 3815, OTHERWISE KNOWN AS THE
"REVISED PENAL CODE OF THE PHILIPPINES’, AS AMENDED, PUNISHING
CONSPIRACY AND PROPOSAL TO COMMIT ESPIONAGE AND MISPRISION OF
ESPIONAGE, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Article Il, Section 5 of the 1987 Constitution states that “[t]he maintenance of
peace and order, the protection of life, liberty, and property, and promotion of the
general welfare are essential for the enjoyment by all the people of the blessings of
democracy.”

It is the primordial duty of the State to protect and uphold national sovereignty,
territorial integrity, and the interest of the Filipino people. But recent events in our
country have exposed the loopholes in our national security policies and the urgent
need to revise and strengthen our counter-espionage laws to more adequately
respond to the threats in our country.

The revelation that dismissed Bamban Mayor Alice Guo or Guo Hua Ping is a
Chinese spy is very disturbing and alarming as it showed that spies have already
infiltrated the leadership of Local Government Units (LGUs).

There were also reports on alleged Chinese spies who were arrested with their
Filipino cohorts.

In January 2025, a Chinese national and his two Filipino accomplices were
arrested for reportedly gathering sensitive data around military facilities and vital
infrastructures." This was followed by the arrest of five more suspected Chinese spies
who were allegedly monitoring Philippine Coast Guard (PCG) and Philippine Navy
activities in Palawan, including the resupply of troops in the West Philippine Sea

* Go, Miriam Grace. (20 January 2025). Arrest of suspected Chinese spy: What we know so far.
Rappler. Retrieved from https:/Avww.rappler.com/philippines/what-we-know-so-far-arrest-suspected-
chinese-spy-january-2025/.

1


(WPS).? In April 2024, the Department of Information and Communications
Technology (DICT) bared that suspected Chinese companies pretending to be
American or European businesses were recruiting active and former AFP members.°

According to the President and Founder of Manila-based think tank
International Development and Security Cooperation (IDSC) Chester Cabaiza, it is not
impossible for China to infiltrate the Philippines with its own agents and spies who
feed false information to Filipinos, as they lure locals with a big sum of money to work
for them and get critical information for their operations inside the Philippines.

Coming in many forms, there could be more spies in the country as enabled by
the pro-China stance of the previous administration under President Rodrigo Duterte.

Other threats to our national security, such as the continued harassments and
aggressions of China in the West Philippine Sea, the influx of Chinese students in
areas near our country’s military bases, and the emergence of online gaming hubs
operated by Chinese workers located near our military and police camps demand that
our security agencies be given all the necessary resources to go after spies operating
in the Philippines, especially in areas around our most sensitive defense installations.

As former Senator, this Representation filed Senate Resolutions during the 18"
Congress to look into the influx of Chinese nationals in the country and probe the
Memorandum of Agreement (MOA) between the Armed Forces of the Philippines
(AFP) and the Chinese-linked consortium Dito Telecommunity which allows it to install
telecommunication facilities and equipment within the country's military camps and
installations, exposing the country to risks of espionage and potentially endangering
our national security.

A similar proposed measure on espionage was filed during the 19" Congress,
as a result of the investigation conducted by the House Quad Committee. This current
bill by this Representation similarly aims to amend, strengthen, and widen the scope
of Article 117 of the Revised Penal Code.

Clearly, there is a dire need to put an end to all kinds of espionage to protect
our national sovereignty, territorial integrity and national interest.

In view of the foregoing, the passage of this bill is eamestly requested.
‘

dsketide

2 Villanueva, Gillian. (31 January 2025). 5 more Chinese ‘spies’ nabbed. Philippine Daily Inquirer.
Retrieved from https://globalnation inquirer net/262903/5-more-chinese-spies-nabbed.

3 Dela Pefia, Kurt. (18 September 2024). Chinese espionage in PH: ‘They come in many forms’
Retrieved from https//newsinfo.inquirer.net/1 984383/chinese-espionage-in-ph-they-come-in-many-



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

‘TWENTIETH CONGRESS
First Regular Session

:
House BILL No, 1844

Introduced by Representative LEILA M. DE LIMA

AN ACT
AMENDING ARTICLE 117 OF ACT NO. 3815, OTHERWISE KNOWN AS THE
‘REVISED PENAL CODE OF THE PHILIPPINES’, AS AMENDED, PUNISHING
CONSPIRACY AND PROPOSAL TO COMMIT ESPIONAGE AND MISPRISION OF
ESPIONAGE, 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 "Anti-Espionage Act of
2025".

SEC. 2. Declaration of Policy. — It is a declared policy of the State that
paramount consideration shall be given to national sovereignty, territorial integrity,
national interest, and the right to self-determination. National security should not be
compromised. To this end, the State must combat espionage with its full capabilities as
it poses serious threats to our national sovereignty, safety and well-being of Filipino
citizens.

SEC. 3. Article 117 of the Revised Penal Code is hereby amended to read, as
follows:

“Art. 117. — Espionage. - The penalty of RECLUSION TEMPORAL AND A FINE OF
NOT LESS THAN TWENTY MILLION PESOS (P20,000,000.00) BUT NOT MORE
THAN THIRTY MILLION PESOS (P30,000,000.00) shall be IMPOSED upon any
person, who:

1. Without authority therefor, enters OR AIDS OR INDUCES ANOTHER TO
ENTER a warship, fort, or naval or military establishment or reservation or
FACILITY OR CAMP OR INSTALLATION, to obtain any information, plans,
photographs, or other data WHETHER of a confidential nature OR NOT relative
to the defense OR SECURITY of the Philippine Archipelago, OR TO MILITARY

1


TRAINING OR EQUIPMENT OF THE ARMED FORCES OF THE
PHILIPPINES; or

2. Being in possession, by reason of the public office he/SHE holds, of the articles,
data, or information referred to in the preceding paragraph, discloses their
contents to a representative of a foreign nation, FOREIGN NATIONAL OR TO
CRIMINAL SINDICATES OR ELEMENTS TO THE DISADVANTAGE OF THE
PHILIPPINES, OR TO THE ADVANTAGE OF A FOREIGN NATION,
NATIONAL OR ORGANIZATION; OR

3. OBTAINS, RECEIVES, GATHERS, PASSES, OR CAUSES TO BE
OBTAINED, RECEIVED, GATHERED, PASSED, OR ATTEMPTS TO OBTAIN,
RECEIVE, GATHER, OR PASS, IN ANY PLACE IN THE PHILIPPINES
INFORMATION OR DATA CONCERNING ANY VESSEL, AIRCRAFT, NAVAL
STATION, MILITARY CAMP OR INSTALLATIONS OR FACILITIES, WORK
OF DEFENSE, MILITARY TRAINING OR EQUIPMENT, COMMUNICATIONS
EQUIPMENT OR FACILITIES, OR OTHER INFORMATION OR DATA
CONNECTED WITH OR RELATIVE TO NATIONAL DEFENSE OR SECURITY
FOR THE PURPOSE OF DISCLOSING SUCH INFORMATION OR DATA TO A
FOREIGN NATION OR ITS REPRESENTATIVE, OR TO A FOREIGN
NATIONAL OR ORGANIZATION; OR

4. LAWFULLY OR UNLAWFULLY HAVING POSSESSION OF THE
INFORMATION OR DATA REFERRED TO IN THE PRECEDING
PARAGRAPHS WILLFULLY COMMUNICATES, TRANSMITS, OR ATTEMPTS
TO COMMUNICATE OR TRANSMIT THE SAME TO ANY PERSON NOT
ENTITLED TO RECEIVE IT.

SEC. 4. Chapter One, Title One of the Revised Penal Code is hereby further
amended by adding six (6) new articles as follows:

“ART. 117-A. CONSPIRACY AND PROPOSAL TO COMMIT ESPIONAGE;
PENALTY. —- THE CONSPIRACY OR PROPOSAL TO COMMIT THE CRIME OF
ESPIONAGE SHALL BE PUNISHED BY PRISION MAYOR IN ITS MAXIMUM
PERIOD 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) AND PRISION
MAYOR IN ITS MEDIUM PERIOD 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), RESPECTIVELY.

ART. 117-B. MISPRISION OF ESPIONAGE. — ANY PERSON OWING ALLEGIANCE
TO THE GOVERNMENT OF THE PHILIPPINES AND HAVING KNOWLEDGE OF
THE COMMISSION OF ANY OF THE UNLAWFUL ACTS ENUMERATED AND
PENALIZED UNDER SECTIONS 3 AND 4 OF THIS ACT WHO CONCEALS OR
DOES NOT DISCLOSE OR MAKE KNOWN THE SAME AS SOON AS POSSIBLE

2


TO THE NEAREST PHILIPPINE NATIONAL POLICE STATION IN THE CITY OR
MUNICIPALITY WHERE HE OR SHE RESIDES SHALL BE HELD LIABLE AND
PUNISHED AS AN ACCESSORY TO THE UNLAWFUL ACT COMMITTED.

ART. 117-C. AIDING, INDUCING, OR SUPPORTING VIOLATORS OF THE LAW. —
ANY PERSON WHO INDUCES, AIDS, OR SUPPORTS IN ANY MANNER AND IN
ANY MEANS, ANOTHER IN OBTAINING, RECEIVING, GATHERING, OR PASSING
IN ANY PLACE IN THE PHILIPPINES INFORMATION OR DATA CONCERNING
ANY VESSEL, AIRCRAFT, NAVAL STATION, MILITARY CAMP, OR
INSTALLATIONS OR FACILITIES, WORK OF DEFENSE, MILITARY TRAINING OR
EQUIPMENT, OR COMMUNICATIONS EQUIPMENT OR FACILITIES, OR OTHER
INFORMATION OR DATA CONNECTED WITH OR RELATIVE TO NATIONAL
DEFENSE OR SECURITY FOR THE PURPOSE OF DISCLOSING OR WITH THE
INTENTION TO DISCLOSE SUCH INFORMATION OR DATA TO A FOREIGN
NATION OR ITS REPRESENTATIVE, OR TO A FOREIGN NATIONAL SHALL BE
PUNISHED BY PRISION MAYOR IN ITS MINIMUM PERIOD 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).

ART. 117-D. HARBORING, CONCEALING OR FACILITATING THE ESCAPE OF
VIOLATORS OF THE LAW. — ANY PERSON WHO HARBORS, CONCEALS OR
FACILITATES THE ESCAPE OF A PERSON WHO HE OR SHE KNOWS, OR HAS
REASONABLE GROUNDS TO BELIEVE, HAS COMMITTED OR IS ABOUT TO
COMMIT, ANY OFFENSE UNDER THIS ACT SHALL BE PUNISHED BY PRISION
CORRECTIONAL IN ITS MAXIMUM PERIOD 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).

ART. 117-E. PERSONS LIABLE. — IF THE OFFENDER IS A CORPORATION, THE
PRESIDENT, CHIEF OPERATING OFFICER, GENERAL MANAGER, TREASURER,
AND/OR FINANCE OFFICER SHALL BE HELD CRIMINALLY LIABLE AND A FINE
SHALL BE IMPOSED UPON THE CORPORATION. LIKEWISE, THE CERTIFICATE
OF REGISTRATION AND PERTINENT LICENSES OF THE CORPORATION SHALL
BE REVOKED AND/OR CANCELED AND SHALL NO LONGER BE ALLOWED
REINSTATEMENT OR RENEWAL.

ANY PERSON CONVICTED OF ANY OF THE UNLAWFUL ACTS DEFINED
AND PENALIZED UNDER THIS ACT SHALL NOT BE ELIGIBLE FOR PROBATION
NOR TO PAROLE OR EXECUTIVE CLEMENCY.

IF THE OFFENDER IS A GOVERNMENT OFFICIAL OR EMPLOYEE, THE
PENALTY SHALL BE IMPOSED IN ITS MAXIMUM PERIOD AND FINE, AND
SUFFER PERPETUAL ABSOLUTE DISQUALIFICATION FROM HOLDING ANY
APPOINTIVE OR ELECTIVE POSITION IN GOVERNMENT OR IN ANY AGENCY,
ENTITY, OR INSTRUMENTALITY THEREOF.


IF THE OFFENDER IS A FOREIGN NATIONAL, HE OR SHE SHALL BE
IMMEDIATELY DEPORTED UPON SERVING HIS OR HER SENTENCE AND SHALL
NOT BE ALLOWED TO RE-ENTER THE PHILIPPINES.

ART. 117-F. DISPOSITION OF PROPERTY. — ALL PROPERTY OF ANY KIND,
NATURE OR EXTENT USED IN THE COMMISSION OF ANY OF THE UNLAWFUL
ACTS DEFINED AND PENALIZED UNDER THIS ACT, OR IN FURTHERANCE
THEREOF, SHALL BE SEIZED AND CONFISCATED IN FAVOR OF THE
GOVERNMENT.”

SEC. 5. Implementing Rules and Regulations. - Within one hundred twenty
(120) days from the effectivity of this Act, the Department of National Defense (DND),
the Department of Justice (DOJ), and the National Intelligence Coordinating Agency
(NICA) shall formulate the necessary rules and regulations to ensure the efficient and
effective implementation of this Act.

SEC. 6. Separability Cause. — If any provision or part hereof, is held invalid or
unconstitutional, the other parts or provisions of the law which are not affected shall
remain and continue to be in full force and effect.

SEC. 7. Repealing Clause. — All laws, decrees, executive orders, rules and
regulations and other issuances contrary to or inconsistent with the provisions of this
Act are hereby repealed, amended or modified accordingly.

SEC. 8 Effectivity. - This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in a newspaper of general circulation.

Approved,