Hontiveros seeks probe on AFP-Dito Tel agreement

A resolution calling for a probe on the national security implications of an alleged agreement allowing Dito Telecommunity Corp., formerly Mislatel Consortium, to set up equipment and facilities within military bases in the country has been filed by Senator Risa Hontiveros.

Hontiveros said she filed Senate Resolution No. 137 after Defense Secretary Delfin Lorenzana said that he was unaware of the alleged agreement between the Armed Forces of the Philippines (AFP) and Dito Tel.

Lorenzana later said the memorandum of agreement was still en route to his office.

"I am traveling kasi when this came out. When I inquired the CSAFP said the MOA is going to my office for my approval," Lorenzana said. "So now I am aware of it and I will scrutinize it carefully before giving my approval. I’ll be back in Manila on the 20th," he added.

'Left in the dark'

In her resolution, Hontiveros said Dito Tel is a consortium composed of Udenna Corporation and China Telecommunications Corporation (China Telecom), a Chinese state-owned company tasked with building and deploying Dito’s actual telecommunications infrastructure.

She said this was the second time that Lorenzana was "left in the dark" and "clueless" about Chinese deals with serious national security implications.

She said that last month, Lorenzana stated that he was not consulted regarding the security issues surrounding the plan to allow Chinese firms to develop three Philippine islands, which he said are strategic maritime fronts that play a significant role in Philippine military history.

"Is there now a 'sign first, worry about security later' policy under this administration? Ito na ang pangalawang beses na hindi nakonsulta ang defense secretary tungkol sa mga diumanong Chinese deals na pinapasok ng ating pamahalaan na may seryosong implikasyon sa ating pambansang seguridad," Hontiveros said.

"Sa isang panahon na patuloy ang panghihimasok ng Tsina sa West Philippine Sea, napaka-iresponsable na pumasok tayo sa mga kasunduan sa kanila na hindi sinusuri ang epekto nito sa ating pambansang seguridad at kaligtasan," she added.

Hontiveros said that under the said agreement, the Chinese Telecom will be tasked with building and deploying Dito’s actual telecommunications infrastructure to be installed "on land leased within military bases," thus raising fears over the possibility of espionage and other security risks.

She said that Chinese corporations are obligated to support state intelligence-gathering efforts under Article 7 of China’s National Intelligence Law, which requires that "any organization or citizen shall support, assist and cooperate with the state intelligence work in accordance with the law."

The senator said that Chinese corporations cannot refuse to assist such acts of espionage, since China’s Counter-Espionage Law requires that "when the state security organ investigates and understands the situation of espionage and collects relevant evidence, the relevant organizations and individuals shall provide it truthfully and may not refuse."

"There is an urgent need to determine whether or not the presence of Chinese facilities in military bases and installations undermines national security and whether or not the lease agreements entered into for this purpose comply with applicable law," Hontiveros said.

She said that the provisions of the agreement allowing lease of portions of military bases may be in violation of Section 88 of the Public Land Act, which states that “military reservations cannot be subject to lease, occupation, entry, sale, or other disposition, until declared alienable by provisions of the Act or by proclamation by the President,” and the AFP Modernization Act, which states that any "sale, lease or joint development of military reservations must be authorized by Congress.” — Amita Legaspi/RSJ, GMA News