“We still need a robust legal regime beyond the provisions of the Penal Code to be able to better protect the country, our people, and our secrets”
ESPIONAGE in the Philippines is not an abstract problem but a real and present danger that has exposed weaknesses in our laws, institutions, and systems.
Recent arrests — including three Filipino nationals working in the Philippine Nav, Department of National Defense and one with links to a Coast Guard officer at the behest of Chinese Intelligence — show how vulnerable we are when adversaries target our people and information.
We commend our security agencies for their swift and decisive action. The detection and termination of the spy ring has shown the sophistication of our counterintelligence services. Still, these incidents should alarm us. No government agency is immune. Espionage endangers national security and the lives of our service members.
Leaks about resupply missions to the BRP Sierra Madre in Ayungin Shoal to Chinese Intelligence show how operational data can fall into the wrong hands.
Our geography, porous borders, reliance on maritime routes, international ties, active online public sphere, and geopolitical competition make the Philippines a tempting target. We are, after all, in the 1st Island Chain. We need a focused response: better laws, stronger institutions, and broad public support.
One bright spot is the government’s Insider Threat Program, launched in 2023 which helps prevent, detect, and respond to threats by people who have access to sensitive information. It combines inter-agency mechanisms, confidential reporting channels, robust counter-intelligence capacities, and targeted technical monitoring.
In recent cases, tips from staff plus technical alerts helped authorities spot compromises and preserve evidence before more damage occurred. The ITP shows that people — supported by policy and tools — are our first line of defense.
We must now build on this success and act quickly in Congress. National Security Adviser Eduardo M. Año has appealed to Congress to pass a modern Anti Espionage law and the pending Anti Foreign Malign Influence and Interference (FIMI) bill without delay.
Our existing law on espionage, Commonwealth Act 616, is archaic. It was passed during the American period and focuses on defense and military secrets and does not cover economic, diplomatic, or policy information. While the Revised Penal Code has provisions against revealing official secrets, it is not enough for today’s wide variety of threats.
A modern Anti Espionage law should:
• Define espionage clearly, including cyber enabled theft and covert acquisition through commercial or academic channels.
• Give investigators legal tools to preserve digital evidence and work with foreign partners.
• Set proportionate penalties for negligent and willful breaches.
• Protect legitimate journalism, academic research, and ordinary foreign contacts.
Legislative reform is essential to give our law enforcement and security agencies clear authority and a fighting chance. Without new legislation, our security agencies will be left to rely on the Commonwealth Act 616. Fortunately, we have the Revised Penal Code under Chapter 5 which prohibits any act of revealing any secrets known to the public officer by reason of his official capacity or wrongfully delivering papers or copies that should not be published.
But we still need a robust legal regime beyond the provisions of the Penal Code to be able to better protect the country, our people, and our secrets.
The FIMI bill, on the other hand, addresses related risks. Modern influence operations use social media, covert funding, and hidden lobbying to shape public opinion and policy.
The Philippines today has one of the most contested information spaces in the world. A focused FIMI law can require transparency for foreign funding, allow sanctions for covert actors, and create ways to quickly counter fake news and disinformation — all while protecting free speech and legitimate civic action.
Expanding the ITP must go hand in hand with new laws. Practical steps include wider training for managers and supervisors and front line staff in sensitive government agencies, defense and military installations, ports, aviation schools, and research institutions; deployment of tamper resistant logs, user behavior analytics, and data loss prevention in high risk systems; and formal playbooks that turn detection into secure evidence handling and prosecution.
Agencies also need designated officials and employees who are the only ones authorized to handle classified material.
To ensure real impact, the government must pair legal change and program expansion with specific funding, timelines, and measurable goals.
The National Security Council can, again, take the lead. Clear performance indicators — such as reductions in unauthorized access incidents, faster mean time to detect and contain compromises, and increased reporting through confidential channels — will allow oversight bodies and the public to track progress.
Recent events are both a warning and an opportunity. By passing the Anti Espionage and FIMI laws, expanding the ITP, and embedding safeguards, the Philippines can turn exposure into resilience.
These steps will better protect our forces, critical infrastructure, research, and democratic institutions. The public also has a role to play. They should report suspicious actors to the NSC, PNP Intelligence Group, NICA, ISAFP and other security agencies. We must all act together — quickly and responsibly — to secure the nation’s future.
(The writer is a Special Adviser to National Security Adviser Eduardo M. Año. He holds a PhD in Public Safety and Security Governance, earning the Lapu-Lapu Leadership Award during his doctoral studies.)
