Escudero urges DND to submit proposed amendments to law vs. espionage

Senate President Francis "Chiz" Escudero on Wednesday urged the Department of National Defense (DND) to submit its proposed amendments to the law against espionage.

On Monday, Defense Secretary Gilberto Teodoro Jr. asked lawmakers to amend the law against espionage so it can be applicable in times of peace.

Teodoro's call came after the release of an Al Jazeera documentary in which dismissed Bamban, Tarlac Mayor Alice Guo, was tagged as a Chinese spy.

"Amin na. Akin na. Pakitanong sa DND, paano ba papatatagin ang espionage law? Ano ba ang gusto nila? Maganda malaman sa kanila mismo, kaya nga amin na, ano ang gusto nilang pagbabago na gawin doon para mapag-aralan namin. Paano ba ito maiimprove kung saka-sakali?" Escudero said in a press conference.

(Submit your proposals to us. Ask the DND, how do they want the espionage law strengthened? What do they want? It is best to know the proposals straight from the DND so that we can study them. How can we improve it?)

"Actually, it would be a curious amendment if ever, because that is close to a dead letter law to my mind. Kasi nga bihira gamitin o baka nga hindi pa nagagamit 'yan (because that law is seldomly used)," he added.

Escudero, a lawyer, explained that the law against espionage is contained in the Revised Penal Code and can only be applied in times of war.

"Dahil 'yung pagkakaunawa ko sa espionage law, nagagawa at nagagamit lang 'yan sa panahon ng giyera. 1932 'yung ating Revised Penal Code, hindi pa nagagamit 'yan ni minsan sa aking pagkakaalam na ginamit na idemanda sinuman," Escudero said.

(In my understanding, the espionage law could only be applied and used in times of war. That was in our 1932 Revised Penal Code. To my recollection, that law has never been used to sue anyone.)

"May kagiyera ba tayong bansa? May kalaban ba tayong bansa? Paano mo masasabing espionage yon eh kaibigan naman natin lahat ng bansa dapat, di ba?" he added.

(Are we at war with any country? Do we have a foreign enemy? How can we say that there's espionage if we are aiming to be friends with all countries?)

In proving espionage, the element of stealing state secrets should be established, he said.

"Ano yun, halimbawa, bilang mayor? Applicable ba sa state secret ang local secret ng Bamban? Ano yung secret na yon na trinade, ginamit, pinadala, sinumbong na hindi dapat lumabas?" he asked.

(For example, what can be considered espionage if you're a mayor? Is a local secret of Bamban considered a state secret? What's the secret that's been traded, used, sent, and reported, which shouldn't be revealed?)

In a radio interview on Saturday, Senate President Pro Tempore Jinggoy Estrada said that he had already filed a bill seeking to expand the coverage of espionage long before the issues surrounding Guo.

Estrada, who filed Senate Bill 2368 in July 2023, said that his office was coordinating with Teodoro’s office for their inputs. 

''Espionage, under our existing laws, is punishable by 10 to 30 years in prison and a fine of P2,000 to P30,000. The Revised Penal Code sets the penalty for espionage at six months and one day to six years in prison,'' Estrada said in a separate statement.

''My proposed measure recommends the implementation of stiffer penalties, including life imprisonment and fines amounting to at least P1 million, to bolster the safeguarding of government information and effectively address advancements in technology, encompassing electronic documents and cybersecurity,'' he added.

Estrada said a technical working group was established to ''refine'' the bill after the Senate Committee on National Defense and Security, which he leads, had a hearing on May 22, 2024.

If the DND is serious about pursuing these amendments, Escudero said they should propose this in the Legislative Executive Development Advisory Council meetings so it could be considered a priority measure.

"'Pag gusto niyang matulak talaga at pumasa, isama sa mga meeting ng LEDAC para maidentify sa mga priority measure para matutukan ng magkabilang kamara ang pagpasa nito," he said.

(If they wanted to push the approval of the bill, include that in the LEDAC meeting so it could be identified as a priority measure.) —with a report from Jiselle Anne Casucian/VBL, GMA Integrated News