TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
25 JUL-2 P5:16
S.E NAT 
S. No.
ni.r:,.
Introduced by Senator Panfilo M. Lacson
AN ACT
DEFINING AND PENALIZING ESPIONAGE AND OTHER SIMILAR 
OFFENSES AGAINST NATIONAL SECURITY
EXPLANATORY NOTE
In April 2025, a Chinese national was arrested near the office of the Commission 
on Elections (COMELEC) for having in his possession an international mobile subscriber 
identity (IMSI) catcher, which is a technical equipment used for intercepting mobile 
phone traffic and tracking location data.
From the period of January to March 2025, the National Bureau of Investigation 
(NBI), in coordination with the Armed Forces of the Philippines (AFP) was able to make 
five arrests for espionage activities in different parts of the country. In one of these 
arrests, the perpetrators were caught using a Toyota Rav4 equipped with LiDar (Light 
Detection and Ranging) sensor and concealed Triple Camera Device, together with a 
GNSS-RTK (Global Navigational Satellite System Real-Time Kinematics). This 
vehicle, which is capable of topographic mapping to the accuracy of centimeter level, 
has been roving around different critical infrastructures in Luzon since December 
2024.
In another arrest, the perpetrators, who were posing to be engaged in 
recreational fishing, were found to be actually conducting spying activities through the 
use of solar-powered CCTV that is capable of being remotely operated, as well as 
aerial drones that took aerial images of military facilities in Palawan.
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From 2022 to 2024, the Philippine Navy was able to recover five underwater 
drones in different parts of the country. The first one was found in July 2022 off 
Pasuquin, Ilocos Norte; the second was found in September 2022 near Zambales; the 
third and most intact was found in August 2024 in Calayan Island, Cagayan; the fourth 
one was found in Initao, Misamis Oriental in October 2024; and fifth and most recent 
one was found in San Pascual, Masbate in October 2024.
These submersible drones are a "deploy-and-forget" type of underwater vessel 
that can be controlled from anywhere the moment they are launched. After the 
conduct of forensic investigation, these drones were found to be equipped with 
conductivity, temperature, and depth (CTD) sensors, acoustic vector sensors (AVS), 
iridium transceivers, and a complicated system that would allow it to receive, store, 
process, and transmit data through satellite communications either through a mother 
ship, another drone, or a contact on land or air.
In May 2024, the Philippine National Police (PNP) arrested a Chinese individual 
for threatening and coercing a Filipino to deliver an unidentified communication 
hacking device to his residence and move to different vital installations and public 
places. The equipment was later on found to be Cell-Site simulator or Stingray which 
can be used to eavesdrop on a conversation or impersonate one of the parties.
These incidents point to a larger, more concerning pattern: a deliberate and 
sophisticated use of modern tools to conduct espionage and interference—^threats that 
may originate from both foreign and domestic sources.
Recent technological advancements, along with the potential involvement of 
foreign jurisdictions in our country’s political and governmental affairs, have exposed 
significant gaps in Commonwealth Act No. 616 and Article 117 of the Revised Penal 
Code. These shortcomings underscore the urgent need to amend and modernize 
these laws.


This measure aims to strengthen the law by updating the penalties for the 
punishable acts. Particularly, the measure imposes higher penalties upon erring public 
officials, employees and foreigners. The measure also provides for the extraterritorial 
application of the law. It likewise penalizes activities that could interfere with the 
political and government affairs of the country. Finally, the proposed measure allows 
the surveillance of suspects and interception and recording of communications after 
court order from the Court of Appeals.
In view of the foregoing, immediate passage of this bill is earnestly sought.
LACSON
Senator


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TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
25 JUL-2 P5:16
SENATE
S. No. 33
Introduced by Senator Panfilo M. Lacson
AN ACT
DEFINING AND PENALIZING ESPIONAGE AND OTHER OFFENSES 
AGAINST NATIONAL SECURITY
Be it enacted by the Senate and House of Representatives of the Phiiippines 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 a 
comprehensive approach. Finally, the conduct of interference by foreign jurisdictions 
on our political and governmental affairs poses a threat to our sovereignty and 
independence. To this end, the State shall adopt and implement effective measures 
to combat and prevent espionage and foreign interference to protect and promote 
national security and interest.
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:


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a) Classified Matter refers to information or materials classified as top secret,
2 
secret, confidential, and restricted, in whatever nature or form, that the
3 
government or administrator of critical infrastructures deemed sensitive and
4 
requires protection from unauthorized disclosure. It includes everything
5 
classified under any issuance or legislation concerning the security classification
6 
of matters and information;
7 
b) Critical Infrastructure shall refer to an asset or system, whether physical or
8 
virtual, so essential to the maintenance of vital societal functions or to the
9 
delivery of essential public services that the incapacity or destruction of such
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systems and assets would have a debilitating impact on national defense and
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security, national economy, public health or safety, the administration of
12 
justice, and other functions analogous thereto. It may include, but is not limited
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to, an asset or system affecting telecommunications, water and energy supply,
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emergency services, food security, fuel supply, banking and finance,
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transportation, radio and television, information systems and technology,
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chemical and nuclear sectors;
17 
c) Cyber refers to digital technologies, computer or computer network, data and
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electronic medium in which online communication takes place;
19 
d) National Defense refers to the mechanism of the State to marshal a nation's
20 
forces and resources to protect national interests and respond to threats
21 
thereto;
22 
e) National Defense Assets refer to the following premises, materials, and utilities
23 
used by the Armed Forces of the Philippines, Philippine National Police and
24 
other law enforcement agencies, including their auxiliaries:
25 
1) National Defense Premises shall include but are not limited to, all
26 
buildings, grounds, mines, missile launch facilities, data centers,
27 
communication and information facilities, or other places where war or
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national defense material is produced, manufactured, repaired, stored,
29 
mined, extracted, distributed, loaded, unloaded, or transported,
30 
together with all machinery and appliances contained therein; where
31 
communications and data are processed, stored, transmitted,
32 
connected, and coordinated; where missiles are stored, assembled, and


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operated; and all ports, arsenals, navy yards, prisons, camps, or other
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military, naval or air stations;
3 
2) National Defense Materials shall include satellite and other inteiligence
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surveiiiance and reconnaissance systems, arms, weapon system,
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munition, missile, livestock, ciothing, food, or fuei, communications,
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codes, formuias, gadgets, computers, communication devices, and shall
7 
also include supplies and aii other articles of whatever description, and
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any part or ingredient thereof, intended for, adapted to, or suitable for
9 
the use of the Philippines in connection with nationai defense; and
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3) National Defense Utilities shall include all railroads, railways, electric
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lines, roads of whatever description, railroad or railway fixture, canal,
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lock, wharf, pier, dock, bridge, buiiding, structure, engine, machine,
13 
mechanical contrivance, car, vehicle, boat, or aircraft, or any other
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means of transportation whatsoever, whereon or whereby such nationai
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defense materiais or any troops of the Phiiippines are being or may be
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transported either within the iimits of the Phiiippines or upon the high
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seas; and ail dams, reservoirs, aqueducts, water and gas mains, oii or
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gasoiine 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 nationai defense premises and
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all electric iight and power, steam or pneumatic power, teiephone, and
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teiegraph plants, poles, wires, facilities, fiber optic infrastructures,
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antennas, base transceiver stations, data centers, satellites, and fixtures
24 
and wireless stations, and the buildings connected with the maintenance
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and operation thereof used to suppiy water, light, heat, has, oil,
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gasoline, fluid power, or facilities of communication to national defense
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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 iife, government and its institutions, territorial integrity,
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sovereignty, and core vaiues are protected and enhanced;
31 
g) National Security Facility refers to a building, installation or area housing
32 
dassified or sensitive information, materials, or equipment, and is protected by


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security measures to prevent unauthorized access and protect classified
2 
information;
3 
h) Prohibited Place refers to a land, building, airspace, maritime domain, systems,
4 
network, cyberspace or any area designated by the President or the President's
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authorized representative, or the Secretary of National Defense as such to
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protect the security, safety and interest of the State;
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i) Access Blocking Order refers to a legal directive that mandates internet service
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providers to restrict access to specific online content or services;
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j) Deception refers to an intentional misleading, whether through words or
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conduct, including misrepresentation of intentions and/or conduct causing an
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unauthorized response from a person, computer, machine, or electronic device;
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k) Foreign Agent refers to any person who acts or agrees to act as political
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consultant, public relations counsel, publicity agent, information representative,
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or as agent, servant, representative, or attorney for a foreign principal or for
15 
any domestic organization subsidized directly or indirectly in whole or in part
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by a foreign principal.
17 
The term "foreign agent" shall not include a duly accredited diplomatic or
18 
consular officer of a foreign country or officials of the United Nations and its
19 
agencies and of other international organizations recognized by the Republic of
20 
the Philippines while engaged in activities within the scope of their legitimate
21 
functions as such officers or a bona fide member or employee of a foreign press
22 
service or news organization while engaged in activities within the scope of his
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legitimate functions as such;
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I) Foreign Intelligence Agency refers to a specialized foreign organization
25 
responsible for the collection, analysis, and dissemination of intelligence related
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to foreign entities, including governments, organizations, and individuals;
27 
m) Foreign Principal refers to the government of a foreign country or a foreign
28 
political party; a foreigner located within or outside the jurisdiction of the
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Republic of the Philippines; or a partnership, association, corporation,
30 
organization or other entity owned or controlled by foreigners;


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n) Foreign Proxy refers to any person with a formalized relationship with the
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foreign state who wittingly and knowingly conducts activities on behalf of the
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foreign state's interests;
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o) Internet Access Service Provider refers to any organization that provides
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individuals and companies with access to the internet and related services;
6 
p) Oniine Pubiication refers to any content that is published and distributed on the
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internet, including various digital formats such as but not limited to websites,
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blogs, and electronic articles; and
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q) Person refers to an individual, partnership, association, organization,
10 
corporation or any other combination of individuals.
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Sec. 4. Extraterritoriai Appiication. - Subject to the provision of any treaty to
12 
which the Philippines is a signatory and to any contrary provision of any law of
13 
preferential application, the provisions of this Act shall apply:
14 
a. To a Filipino citizen or national who commits any of the acts defined and
15 
penalized under this Act outside the territorial jurisdiction of the Philippines;
16 
b. To individual persons who, although physically outside the territorial limits of
17 
the Philippines, commit any of the crimes mentioned in Paragraph (a) hereof
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inside the territorial limits of the Philippines;
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c. To individual persons who, although physically outside the territorial limits of
20 
the Philippines, commit any of the said crimes mentioned in Paragraph (a)
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hereof on board Philippine ship or Philippine airship;
22 
d. To individual persons who commit any of said crimes mentioned in Paragraph
23 
(a) hereof within any embassy, consulate, or diplomatic premises belonging to
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or occupied by the Philippine government in an official capacity;
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e. To individual persons who, although physically outside the territorial limits of
26 
the Philippines, commit said crimes mentioned in Paragraph (a) hereof against
27 
Philippine officials, their representatives, staff, agent, or envoy; and
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f. To individual persons who, although physically outside the territorial limits of
29 
the Philippines, commit said crimes directly against the Philippine government
30 
or its agent.
31 
In case of an individual who is neither a citizen or a national of the Philippines
32 
who commits any of the crimes mentioned in Paragraph (a) hereof outside the


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territorial limits of the Philippines, the Philippines shall exercise jurisdiction only when
2 
such individual enters or is inside the territory of the Philippines: Provided, That, in
3 
the absence of any request for extradition from the state where the crime was
4 
committed or the state where the individual is a citizen or national, or the denial
5 
thereof, the NSC shall refer the case to the Bureau of Immigration for deportation or
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to the DOJ for prosecution in the same manner as if the act constituting the offense
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had been committed in the Philippines.
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Sec. 5. Espionage. - Espionage is committed by any person who, within or
9 
outside the Philippines, deals with classified matters without authority, through
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physical, electronic, cyber, or any other means, which causes or tends to cause injury
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to the Philippines or gives or tends to give advantage to a state, nation, entity, or
12 
individual, whether foreign or domestic.
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Dealing with a classified matter shall mean receiving, obtaining, collecting,
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possessing, processing, recording, copying, reproducing, disclosing or
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communicating, publishing, delivering, transferring, transmitting, making available,
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concealing, selling, procuring, buying, altering, compromising or destroying its
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integrity.
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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:
21 
Provided, That only the President or the President's authorized representative, or the
22 
Secretary of National Defense, as the case may be, may grant authorization to enter
23 
or deal with representations of prohibited places and national defense premises.
24 
Any person who makes or assists in making a false declaration or statement for
25 
the purpose of obtaining authorization from a competent authority shall be presumed
26 
guilty of this offense.
27 
Possession of a classified matter by an unauthorized person shall be prima facie
28 
evidence of disclosure against the person who, by reason of his official functions, is
29 
in custody of said classified matter.
30 
Any person who commits the aforementioned acts shall suffer the penalty of
31 
life imprisonment without the benefit of parole and the benefits provided in Articie
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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 Ten Million Pesos
2 
(PhplO,000,000.00) but not more than Twenty Million Pesos (Php20,000,000.00).
3 
Sec. 6. Conspiracy to Commit Espionage. - Conspiracy to commit espionage as
4 
defined in Section 5 hereof shall be penalized with life imprisonment without the
5 
benefit of parole and the benefits provided in Articles 29, 94,97,98, and 99 of Act
6 
No. 3815, or the "Revised Penal Code" as amended by Republic Act No. 10592 and
7 
by a fine of not less than Ten million Pesos (Phpl0,000,000.00) but not more than
8 
Twenty Million Pesos (Php20,000,000.00).
9 
There is conspiracy when two (2) or more persons come to an agreement
10 
concerning the commission of espionage as defined in Section 5 hereof and decide
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to commit the same.
12 
Sec. 7. Proposal to Commit Espionage. - Any person who proposes to commit
13 
espionage as defined in Section 5 hereof shall suffer the penalty of ten (10) to twelve
14 
(12) years imprisonment and a fine of not less than Five Million Pesos
15 
(Php5,000,000.00) but not more than Ten Million Pesos (Phpl0,000,000.00).
16 
There is proposal when the person who has decided to commit espionage
17 
proposes its execution to some other person or persons.
18 
Sec. 8. Acts of Destruction, Interference, and Obstruction. - It shall be unlawful
19 
for any person to cause or attempt to cause destruction, interference, or obstruction
20 
to the national defense efforts against armed conflict by:
21 
a. making or causing to be made, or attempting to make or cause to be made any
22 
national defense or national security material in a defective manner, including
23 
those used or employed in the making, producing, manufacturing, or repairing
24 
of such materials; or
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b. destroying or attempting to destroy any national defense assets.
26 
Any person found to be in violation of this provision shall suffer the penalty of
27 
ten (10) to twelve (12) years imprisonment and a fine of not less than Five Million
28 
Pesos (Php5,000,000.00) but not more than Ten Million Pesos (Phpl0,000,000.00).
29 
Sec. 9. Disloyal Acts or Words Affecting National Security, National Defense,
30 
and Critical Infrastructure. - It shall be unlawful for any person to commit any of the
31 
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
2 
security, or protection of critical infrastructure:
3 
a. incite, coerce, deceive, or otherwise cause insubordination, disloyalty, mutiny,
4 
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 causes
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insubordination, disloyalty, mutiny, or refusal of duty by any member of the
7 
aforementioned entities;
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c. make or convey false reports or statements causing interference with or
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obstruction to the operation or success of the government, particularly in
10 
matters relating to national security or defense, or to promote the success of
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enemy forces; or,
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d. obstruct the recruitment or enlistment efforts of the military or the uniformed
13 
personnel during armed conflict.
14 
Any person found to be in violation of this provision shall suffer the penalty of
15 
ten (10) to twelve (12) years imprisonment and a fine of not less than Five Million
16 
pesos (Php5,000,000.00) but not more than Ten Million pesos (Phpl0,000,000.00).
17 
Sec. 10. Unlawful Possession or Control of Surveillance or Mapping Equipment
18 
- It shall be unlawful for any person to possess or control any surveillance system or
19 
equipment, including but not limited to cameras, listening or tracking devices, or any
20 
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
23 
making a map related thereto. Any person found to be in violation of this Section
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shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of
25 
not less than Ten Million Pesos (Phpl0,000,000.00) but not more than Twenty Million
26 
Pesos (Php20,000,000.00).
27 
Sec. 11. Interference. - Any person who engages in covert, deceptive, coercive,
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or threatening conduct whether alone or on behalf of, or in collaboration with, or
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directed, funded, or supervised by, a foreign principal, its agent or proxy, with the
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intention or without regard that such conduct will influence the political or
31 
governmental process, affect the exercise of democratic or political rights or duties
32 
in the Philippines or any part thereof, support the intelligence activities of a foreign
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principal, or prejudice the national security of the Philippines, shall be guilty of
2 
committing interference. Any person found to be in violation of this Section shall
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suffer the penalty of life imprisonment and a fine of not less than Ten Million Pesos
4 
(P10,000,000.00) nor more than Twenty Million Pesos (20,000,000.00), or both.
5 
Sec. 12. Interference Involving Foreign Intelligence Agencies. - It shall be
6 
unlawful for any unauthorized person to knowingly or unwittingly provide resources
7 
or material support to, receive or obtain funds from, or directly or indirectly make
8 
available funds to, a foreign intelligence agency or any person acting on behalf of
9 
such agency. Any person found to be in violation of this Section shall suffer the
10 
penalty of life imprisonment and a fine of not less than Ten Million Pesos
11 
(P10,000,000.00) nor more than Twenty Million Pesos (20,000,000.00), or both.
12 
Sec. 13. Interference by Electronic Communications Activity. - Any person who
13 
electronically publish, alter, or delete information or materials on behalf of a foreign
14 
principal, its agent or proxy, knowing or having reason to believe that the publication,
15 
alteration or deletion is likely to prejudice national or public security, negatively
16 
impact public health, safety, or finances, affect diplomatic relations, incite enmity
17 
among influential groups, undermine public confidence in authorities, or influence the
18 
outcome of elections or referendums, shall be guilty of interference by electronic
19 
communications activity. Any person found to be in vioiation of this Section shall
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suffer the penalty of life imprisonment and a fine of not less than Ten Million Pesos
21 
(P10,000,000.00) nor more than Twenty Million Pesos (20,000,000.00), or both.
22 
If, upon determination of the National Security Council (NSC) that an electronic
23 
communication will prejudice national or public security, negatively impact public
24 
health, safety, or finances, affect diplomatic relations, incite enmity among influential
25 
groups, undermine public confidence in authorities, or influence the outcome of
26 
elections or referendums, the NSC may issue Access Blocking Order directing the
27 
internet access service provider to take reasonable steps to disable access by end-
28 
users in the Philippines to the online publication.
29 
An internet access service provider that does not comply with any access
30 
blocking order shall be fined with One Million Pesos (P1,000,000.00) for each day
31 
during which any part of that order is not fully complied with, up to a total of Five
32 
Hundred Million Pesos (P500,000,000.00).


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Sec. 14. Preparing or Planning for an Interference Offense. - Any person who
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participates in the planning, preparing, or facilitating the commission of acts defined
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and penalized under Sections 11, 12 and 13 hereof shall be guilty of preparing or
4 
planning to commit an interference offense. Any person found to be in violation of
5 
this Section shall suffer the penalty of life imprisonment and a fine of not less than
6 
Five Million Pesos (P5,000,000.00) nor more than Ten Million Pesos (10,000,000.00),
7 
or both.
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Sec. 15. Conspiracy to Commit Interference. - Any conspiracy to commit
9 
interference defined and penalized under defined and penalized under Sections 11,
10 
12,13, and 14 of this Act shall be held liable with life imprisonment and a fine of not
11 
less than Ten Million Pesos (P10,000,000.00) nor more than Twenty Million Pesos
12 
(20,000,000.00), or both.
13 
There is conspiracy when two (2) or more persons come to an agreement
14 
concerning the commission of interference as defined in Sections 11, 12, 13, and 14
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hereof and decide to commit the same.
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Sec. 16. Proposal to Commit Interference. - Any person who proposes to
17 
commit foreign interference as defined in Sections 11,12,13, and 14 hereof shall be
18 
held liable with life imprisonment and a fine of not iess than Five Million Pesos
19 
(P5,000,000.00) nor more than Ten Million Pesos (10,000,000.00), or both.
20 
Proposal to commit interference is committed when a person who has decided
21 
to commit any of the crimes defined and penalized under the provisions of this Act
22 
proposes its execution to some other person or persons.
23 
Sec. 17. Aiding or Abetting. - Any person who aids or abets another to commit
24 
any of the offenses defined and penalized under this Act shall suffer the penalty of
25 
ten (10) to twelve (12) years imprisonment and a fine of not less than Ten Million
26 
Pesos (Phpl0,000,000.00) but not more than Twenty Million Pesos
27 
(Php20,000,000.00).
28 
Sec. 18. Harboring, Concealing or Facilitating the Escape of Violators of the
29 
Law. - Harboring, concealing or facilitating the escape of a person whom one knows,
30 
or has reasonable ground to believe or suspect, has committed, or is about to commit,
31 
any of the offenses defined and penalized under this Act 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 (PhplO,000,000.00) but not more than Twenty Million Pesos
2 
(Php20,000,000.00).
3 
Sec. 19. Liability of Government Officials and Employees, and Foreigners. - A
4 
government official or employee found guilty of committing any of the offenses
5 
punishable under this Act shall suffer absolute perpetual disqualification from any
6 
public office, and the maximum penalty provided in this Act.
7 
Foreigners found guilty of committing any offense punishable herein shall, in
8 
addition to the penalties prescribed under this Act, be deported immediately without
9 
further proceedings after the service of sentence and be permanently barred from
10 
entering the country.
11 
Sec. 20. Designation of Prohibited Places by Proclamation. - For purposes of
12 
this Act, the President or the President's duly authorized representative, or the
13 
Secretary of National Defense, as the case may be, may designate prohibited places
14 
where military or classified activities, matters of information relative to defense and
15 
national security are conducted, prepared, manufactured, processed, used, or stored
16 
indicating the reason for such designation.
17 
National defense premises and national security facilities as defined herein shall
18 
be considered prohibited places without need of such proclamation.
19 
Sec. 21. Classification and Custody of Classified Matters During Inquiry,
20 
Investigation and Prosecution. - All inquiries, investigations, and prosecutions related
21 
to offenses punishable under this Act including any related documents, evidence,
22 
proceedings, and communications, shall be classified according to the security
23 
sensitivity of the matter involved. Such classified matters shall be handled in
24 
accordance with the existing and subsequent guidelines in the handling of classified
25 
matters and shall only be accessible to individuals with the requisite security clearance
26 
and on a need-to-know basis.
27 
Access to any material or information pertaining to espionage or interference
28 
inquiries, investigations, or prosecutions shall be strictly limited to authorized persons
29 
whose duties require such access, including law enforcement, intelligence officers,
30 
military officials, judicial authorities, and personnel directly involved in the conduct of
31 
the investigation or prosecution. Any unauthorized disclosure, dissemination, or
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sharing of classified information shall be subject to penalties as provided under this
2 
Act.
3 
The Department of Justice (DOJ) and the Office of the National Security Adviser
4 
shall ensure the proper classification, safeguarding, and control of such sensitive
5 
information, including establishing procedures for access, review, and
6 
declassification, where appropriate.
7 
Sec. 22. Surveillance of Suspects and Interception and Recording of
8 
Communications. - The provisions of Republic Act No. 4200, otherwise known as the
9 
"Anti-Wiretapping Law" to the contrary notwithstanding, a military personnel, law
10 
enforcement agent, or intelligence officer duly authorized by their respective heads
11 
of the agency may, upon written order of the Court of Appeals secretly wiretap,
12 
overhear, and listen to, intercept, screen, read, surveil, record or collect, with the use
13 
of any mode, form, kind or type of electronic, mechanical or other equipment or
14 
device or technology now known or may hereafter be known to science or with the
15 
use of any other suitable ways and means for the above purposes, any private
16 
messages in whatever form, kind or nature, spoken or written words any person
17 
charged or suspected of committing any of the offenses defined and penalized under
18 
this Act: Provided, That such written order shall only be issued or granted upon
19 
written application and the examination under oath or affirmation of the applicant
20 
and the witnesses he may produce and a showing: (1) that there are reasonable
21 
grounds to believe that any of the crimes enumerated hereinabove has been
22 
committed or is being committed or is about to be committed; (2) that there are
23 
reasonable grounds to believe that evidence will be obtained essential to the
24 
conviction of any person for, or to the solution of, or to the prevention of, any of such
25 
crimes; and (3) that there are no other means readily available for obtaining such
26 
evidence.
27 
The law enforcement agent, military personnel, or Intelligence officer shall (1)
28 
file an ex-parte application with the Court of Appeals, where the telecommunications
29 
service providers (TSPs) and internet service providers (ISPs) are situated, for the
30 
issuance of an order, to compel TSPs and ISPs to produce all customer information
31 
and identification records as well as call and text data records, content and other
32 
cellular or internet metadata of any person suspected of any of the crimes defined
12


1 
and penalized under the provisions of this Act; and (2) furnish the National
2 
Telecommunications Commission (NTC) with a copy of said application. The NTC shall
3 
be notified by the applicant-law enforcement agent, -military personnel, or -
4 
intelligence officer upon the issuance of the order to ensure immediate compliance.
5 
Sec. 23. Authority of the Anti-Money Laundering Councii - In addition to the
6 
unlawful activities enumerated under Republic Act No. 9160, otherwise known as the
7 
Anti-Money Laundering Act of 2001, as amended, espionage and interference, in any
8 
form, is hereby considered an unlawful activity subject to the authority of the Anti-
9 
Money Laundering Council to conduct financial investigation, freezing of accounts,
10 
and forfeiture of assets.
11 
The AMLC, either upon its own initiative or at the request of the NSC, is hereby
12 
authorized to investigate: (a) any property or funds that are in any way related to the
13 
commission of any acts as defined and penalized under this Act: and (b) property or
14 
funds of any person or persons in relation to whom there is probable cause to believe
15 
that such persons are committing or attempting or conspiring to commit, or
16 
participating in or facilitating the commission of any offenses under this Act.
17 
The AMLC may also enlist the assistance of any branch, department, bureau,
18 
office, agency or instrumentality of the government, including government-owned and
19 
-controlled corporations in undertaking measures to prevent the financing of foreign
20 
interference or support to foreign intelligence, which may include the use of its
21 
personnel, facilities and resources.
22 
For purposes of this section and notwithstanding the provisions of Republic Act
23 
No. 1405, otherwise known as the "Law on Secrecy of Bank Deposits", as amended;
24 
Republic Act No. 6426, otherwise known as the "Foreign Currency Deposit Act of the
25 
Philippines", as amended; Republic Act No. 8791, otherwise known as "The General
26 
Banking Law of 2000" and other laws, the AMLC is hereby authorized to inquire into
27 
or examine deposits and investments suspected of any of the crimes defined and
28 
penalized under the provisions of this Act with any banking institution or non-bank
29 
financial institution and their subsidiaries and affiliates without a court order.
30 
Sec. 24. Forfeiture of Materials and Effects. - Upon conviction for any offense
31 
penalized under this Act, all materials and effects directly used or intended to be used
32 
in the commission of such offense shall be subject to forfeiture proceedings in favor
13


1 
of the government and disposed of in accordance with applicable laws, rules and
2 
regulations.
3 
Sec. 25. Liability for Use of Information and Communication Technology. -
4 
Section 6 of Republic Act 10175, or the "Cybercrime Prevention Act of 2012", shall be
5 
applied in case any of the offenses defined and penalized in this Act is committed
6 
with the use of information and communication technology.
7 
Sec. 26. Implementing Rules and Regulations. - Within one hundred twenty
8 
(120) days from the effectivity of this Act, the Department of National Defense, the
9 
DOJ, and the National Intelligence Coordinating Agency shall formulate the necessary
10 
rules and regulations to ensure the efficient and effective implementation of this Act.
11 
Sec. 27. Separability Clause. If any part or provision of this Act is held invalid
12 
or unconstitutional, the other provisions not affected thereby shall remain in full force
13 
and effect.
14 
Sec. 28. Repealing Clause. All provisions of law which are in conflict with this
15 
Act are hereby repealed or modified accordingly.
16 
Sec. 29. Effectivity. This Act shall take effect fifteen (15) days after its
17 
publication in the Official Gazette or in a newspaper of general circulation.
18 
Adopted,
14