SENATE President Francis Escudero yesterday urged the Department of National Defense to clarify what it wants to be amended in the Anti-Espionage Law.
“What do they really want? Because to my understanding, the espionage law is only used during times of war. Our Revised Penal Code has been existing since 1932, and that has not been used to file charges against anyone,” Escudero said in a press conference.
Escudero issued the statement in reaction to a call made by Defense Secretary Gilbert Teodoro for lawmakers to amend the Anti-Espionage Law so it could be applicable even when the country is not at war.
Teodoro’s call came after Al Jazeera showed a documentary where She Zhijiang, a self-confessed Chinese spy jailed in Thailand, claimed that dismissed Bamban, Tarlac mayor Alice Guo, also known as Guo Hua Ping, is also a Chinese spy. Guo has denied the allegation.
Teodoro was not available for comment yesterday.
Escudero said it would be better if Teodoro presented the proposed amendments to Congress.
“It would be good to hear from them. That’s why I telling them to give it to us and tell us what amendments they want so we can study how to improve the law, if ever. The problem with espionage is its element of crime. Was there a state secret stolen? Is it applicable in a local secret of Bamban? Was the secret traded or sent out?” he said.
“Actually, it’ll be a curious amendment if ever, because that is close to a dead-letter law, to my mind, kasi bihira gamitin o baka nga hindi pa nagamit ‘yan (because we seldom or haven’t used that law),” he added.
He said espionage, under the Revised Penal Code, is done in times of war. He noted the country is not at war with any nation.
“How can we say that it is espionage when we are friends to all countries? It is espionage if a friend steals [secrets] from you. Or is it only applicable only to an enemy who stole your secrets? That would be interesting to find out. Actually, that would be a curious debate, if at all, which I look forward to tackling,” Escudero said.
