SENATE, Pasay City — Following the release of an Al Jazeera documentary pointing to dismissed Bamban, Tarlac mayor Alice Guo as a Chinese spy, senate President Francis ‘Chiz’ Escudero has called on the Department of National Defense (DND) to submit its proposed amendments to make the country’s 83-year-old law against espionage, or Commonwealth Act No. 616 (CA 616), applicable during peace times.

Early this week, defense secretary Gilberto ‘Gibo’ Teodoro Jr. had asked lawmakers to amend CA 616, or the Act to Punish Espionage and Other Offenses Against the National Security, so it could respond effectively on concerns over espionage, particularly the existence or establishment of sleeper cells in various parts of the country and in government as well.

But this led to Escudero commenting that the anti-espionage law was already a dead letter law that can be rarely used, especially in times of relative peace across the archipelago.

“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?” the Senate President reacted to Teodoro’s call.

“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,” he added.

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

“Dahil iyong pagkakaunawa ko sa espionage law, nagagawa at nagagamit lang iyan sa panahon ng giyera. 1932 iyong ating Revised Penal Code, hindi pa nagagamit iyan (kahit) minsan sa aking pagkakaalam na ginamit na idemanda sinuman,” he noted.

The Senate President also queried on what instance should this law be used against a person suspected of being a spy.

“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?” he pointed out.

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

“Ano ‘yon, halimbawa, bilang mayor? Applicable ba sa state secret ang local secret ng Bamban? Ano iyong secret na ‘yon na (kinalakal), ginamit, pinadala, sinumbong na hindi dapat lumabas?” he asked.

In ending, Escudero cited that if the DND is (really) serious about pursuing amendments (to the law against espionage), (the defense department) should propose this in the Legislative Executive Development Advisory Council (LEDAC) meetings so it could be considered a priority measure.

“Kapag 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 concluded.