MANILA — The Department of Justice (DOJ) revealed during a Senate hearing on Thursday that the country currently lacks specific legislation defining and criminalizing foreign interference, exposing critical blind spots in existing espionage frameworks.
The disclosure came during a joint session of the Senate Committee on National Defense and Security, Peace, Unification and Reconciliation, where lawmakers tackled various proposed measures addressing espionage. The discussion prompted Senator Erwin Tulfo to inquire about how national security agencies evaluate and categorize state threats.
During the proceedings, DOJ Senior State Counsel Fretti Ganchoon explained that while traditional espionage is recognized under local penal codes, acts categorized strictly as foreign interference remain unpunished by specific statutes.
“We have not yet in our existing laws actually defined and criminalized foreign interference. We already have an established crime which is espionage. It’s just a matter of Mr. Chair, of modernizing our definition of espionage,” Ganchoon stated.
She added, “Espionage is an established crime already, but with respect to foreign interference, we have not yet criminalized it. And so, if ever, this is going to be the first time that the Philippines will criminalize foreign interference.”
Ganchoon pointed to a past incident in 2025 where authorities apprehended Chinese nationals in possession of suspected surveillance equipment. Although authorities filed charges, the case did not clear the DOJ level, illustrating the legal hurdles posed by outdated frameworks.
According to the senior state counsel, current statutes struggle to penalize individuals caught handling or possessing suspected espionage tools if prosecutors cannot prove the actual acquisition or theft of classified government secrets.
“Because indeed there are gaps in our laws… Perhaps it would be difficult if there’s no actual obtention or getting of classified information in such a case and it’s just mere possession of this equipment, Mr. Chair,” Ganchoon noted.
Echoing these concerns, former National Security Council Assistant Director General Jonathan Malaya pointed out that century-old laws fail to protect vital state secrets held outside military installations.
“So, if an act of espionage is not committed against military installations—for example, [if it involves] secrets of the Department of Foreign Affairs, the Office of the President, or other civilian government agencies—that would not be covered by Commonwealth Act No. 616 or Article 117 of the Revised Penal Code,” Malaya explained.
Commonwealth Act No. 616, which serves as the country’s primary anti-espionage law, was enacted way back in 1941 when the Philippines was still under American administration.
Security experts and legal officials argue that the statute is severely outdated and inadequate for modern geopolitical security challenges.