New Anti-espionage Act

TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL -2 P5:16 RECEI SEN AT 3 Introduced by Senator Panfilo M. Lacson AN ACT DEFINING AND PENALIZING ESPIONAGE AND OTHER SIMILAR OFFENSES AGAINST NATIONAL SECURITY EXPLANATORY NOTE In April 2025, a Chinese national was arrested near the office of the Commission on Elections (COMELEC) for having in his possession an international mobile subscriber identity (IMSI) catcher, which is a technical equipment used for intercepting mobile phone traffic and tracking location data. From the period of January to March 2025, the National Bureau of Investigation (NBI), in coordination with the Armed Forces of the Philippines (AFP) was able to make five arrests for espionage activities in different parts of the country. In one of these arrests, the perpetrators were caught using a Toyota Rav4 equipped with LiDar (Light Detection and Ranging) sensor and concealed Triple Camera Device, together with a GNSS-RTK (Global Navigational Satellite System Real-Time Kinematics). This vehicle, which is capable of topographic mapping to the accuracy of centimeter level, has been roving around different critical infrastructures in Luzon since December 2024. In another arrest, the perpetrators, who were posing to be engaged in recreational fishing, were found to be actually conducting spying activities through the use of solar-powered CCTV that is capable of being remotely operated, as well as aerial drones that took aerial images of military facilities in Palawan.

From 2022 to 2024, the Philippine Navy was able to recover five underwater drones in different parts of the country. The first one was found in July 2022 off Pasuquin, Ilocos Norte; the second was found in September 2022 near Zambales; the third and most intact was found in August 2024 in Calayan Island, Cagayan; the fourth one was found in Initao, Misamis Oriental in October 2024; and fifth and most recent one was found in San Pascual, Masbate in October 2024. These submersible drones are a "deploy-and-forget" type of underwater vessel that can be controlled from anywhere the moment they are launched. After the conduct of forensic investigation, these drones were found to be equipped with conductivity, temperature, and depth (CTD) sensors, acoustic vector sensors (AVS), iridium transceivers, and a complicated system that would allow it to receive, store, process, and transmit data through satellite communications either through a mother ship, another drone, or a contact on land or air. In May 2024, the Philippine National Police (PNP) arrested a Chinese individual for threatening and coercing a Filipino to deliver an unidentified communication hacking device to his residence and move to different vital installations and public places. The equipment was later on found to be Cell-Site simulator or Stingray which can be used to eavesdrop on a conversation or impersonate one of the parties. These incidents point to a larger, more concerning pattern: a deliberate and sophisticated use of modern tools to conduct espionage and interference-threats that may originate from both foreign and domestic sources. Recent technological advancements, along with the potential involvement of foreign jurisdictions in our country's political and governmental affairs, have exposed significant gaps in Commonwealth Act No. 616 and Article 117 of the Revised Penal Code. These shortcomings underscore the urgent need to amend and modernize these laws.

This measure aims to strengthen the law by updating the penalties for the punishable acts. Particularly, the measure imposes higher penalties upon erring public officials, employees and foreigners. The measure also provides for the extraterritorial application of the law. It likewise penalizes activities that could interfere with the political and government affairs of the country. Finally, the proposed measure allows the surveillance of suspects and interception and recording of communications after court order from the Court of Appeals. In view of the foregoing, immediate passage of this bill is earnestly sought. PANTAL AM. LACSON Senator

Perre TWENTIETH CONGRESS OF THE REPUBLIC OF THE PHILIPPINES First Regular Session JUL -2 P5:16 SENATE S. No._ RIC. Introduced by Senator Panfilo M. Lacson AN ACT DEFINING AND PENALIZING ESPIONAGE AND OTHER OFFENSES AGAINST NATIONAL SECURITY Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

Section 1. Short Title. This Act shall be known as the "New Anti-Espionage

2 Act."

Sec. 2. Declaration of Policy. It is a declared policy of the State that paramount

consideration shall be given to its national sovereignty, territorial integrity, national interest, and the right to self-determination. The State recognizes that espionage is inimical to its sovereignty and democracy. Further, the fight against espionage, clandestine acquisition of sensitive information and unlawful obtaining of classified information that affect the national security or national defense requires a comprehensive approach. Finally, the conduct of interference by foreign jurisdictions on our political and governmental affairs poses a threat to our sovereignty and independence. To this end, the State shall adopt and implement effective measures to combat and prevent espionage and foreign interference to protect and promote national security and interest. In the implementation of the policy stated above, the State shall uphold the basic rights and fundamental liberties of the people as enshrined in the Constitution.

Sec. 3. Definition of Terms. As used in this Act:

a) Classified Matter refers to information or materials classified as top secret, secret, confidential, and restricted, in whatever nature or form, that the government or administrator of critical infrastructures deemed sensitive and requires protection from unauthorized disclosure. It includes everything classified under any issuance or legislation concerning the security classification of matters and information; b) Critical Infrastructure shall refer to an asset or system, whether physical or virtual, so essential to the maintenance of vital societal functions or to the delivery of essential public services that the incapacity or destruction of such systems and assets would have a debilitating impact on national defense and security, national economy, public health or safety, the administration of justice, and other functions analogous thereto. It may include, but is not limited to, an asset or system affecting telecommunications, water and energy supply, emergency services, food security, fuel supply, banking and finance, transportation, radio and television, information systems and technology, chemical and nuclear sectors; c) Cyber refers to digital technologies, computer or computer network, data and electronic medium in which online communication takes place; d) National Defense refers to the mechanism of the State to marshal a nation's forces and resources to protect national interests and respond to threats thereto; e) National Defense Assets refer to the following premises, materials, and utilities used by the Armed Forces of the Philippines, Philippine National Police and other law enforcement agencies, including their auxiliaries: 1) National Defense Premises shall include but are not limited to, all buildings, grounds, mines, missile launch facilities, data centers, communication and information facilities, or other places where war or national defense material is produced, manufactured, repaired, stored, mined, extracted, distributed, loaded, unloaded, or transported, together with all machinery and appliances contained therein; where communications and data are processed, stored, transmitted, connected, and coordinated; where missiles are stored, assembled, and

operated; and all ports, arsenals, navy yards, prisons, camps, or other military, naval or air stations; 2) National Defense Materials shall include satellite and other intelligence surveillance and reconnaissance systems, arms, weapon system, munition, missile, livestock, clothing, food, or fuel, communications, codes, formulas, gadgets, computers, communication devices, and shall also include supplies and ail other articles of whatever description, and any part or ingredient thereof, intended for, adapted to, or suitable for the use of the Philippines in connection with national defense; and 3) National Defense Utilities shall include all railroads, railways, electric lines, roads of whatever description, railroad or railway fixture, canal, lock, wharf, pier, dock, bridge, building, structure, engine, machine, mechanical contrivance, car, vehicle, boat, or aircraft, or any other means of transportation whatsoever, whereon or whereby such national defense materials or any troops of the Philippines are being or may be transported either within the limits of the Philippines or upon the high seas; and all dams, reservoirs, aqueducts, water and gas mains, oil or gasoline stations, pipes, structures, and buildings, whereby or in connection with which water, or gas, or oil, or gasoline, or other fluid is being furnished, or may be furnished, to national defense premises and all electric light and power, steam or pneumatic power, telephone, and telegraph plants, poles, wires, facilities, fiber optic infrastructures, antennas, base transceiver stations, data centers, satellites, and fixtures and wireless stations, and the buildings connected with the maintenance and operation thereof used to supply water, light, heat, has, oil, gasoline, fluid power, or facilities of communication to national defense premises; f) National Security refers to a state or condition in which the people's welfare, well-being, ways of iife, government and its institutions, territorial integrity, sovereignty, and core values are protected and enhanced; g) National Security Facility refers to a building, installation or area housing classified or sensitive information, materials, or equipment, and is protected by

security measures to prevent unauthorized access and protect classified information; h) Prohibited Place refers to a land, building, airspace, maritime domain, systems, network, cyberspace or any area designated by the President or the President's authorized representative, or the Secretary of National Defense as such to protect the security, safety and interest of the State; i) Access Blocking Order refers to a legal directive that mandates internet service providers to restrict access to specific online content or services; j) Deception refers to an intentional misleading, whether through words or conduct, including misrepresentation of intentions and/or conduct causing an unauthorized response from a person, computer, machine, or electronic device; k) Foreign Agent refers to any person who acts or agrees to act as political consultant, public relations counsel, publicity agent, information representative, or as agent, servant, representative, or attorney for a foreign principal or for any domestic organization subsidized directly or indirectly in whole or in part by a foreign principal. The term "foreign agent" shall not include a duly accredited diplomatic or consular officer of a foreign country or officials of the United Nations and its agencies and of other international organizations recognized by the Republic of the Philippines while engaged in activities within the scope of their legitimate functions as such officers or a bona fide member or employee of a foreign press service or news organization while engaged in activities within the scope of his legitimate functions as such; I) Foreign Intelligence Agency refers to a specialized foreign organization responsible for the collection, analysis, and dissemination of intelligence related to foreign entities, including governments, organizations, and individuals; m) Foreign Principal refers to the government of a foreign country or a foreign political party; a foreigner located within or outside the jurisdiction of the Republic of the Philippines; or a partnership, association, corporation, organization or other entity owned or controlled by foreigners;

n) Foreign Proxy refers to any person with a formalized relationship with the foreign state who wittingly and knowingly conducts activities on behalf of the foreign state's interests; 0) Internet Access Service Provider refers to any organization that provides individuals and companies with access to the internet and related services; p) Online Publication refers to any content that is published and distributed on the internet, including various digital formats such as but not limited to websites, blogs, and electronic articles; and 4) Person refers to an individual, partnership, association, organization, corporation or any other combination of individuals.

Sec. 4. Extraterritorial Application. - Subject to the provision of any treaty to

which the Philippines is a signatory and to any contrary provision of any law of preferential application, the provisions of this Act shall apply: a. To a Filipino citizen or national who commits any of the acts defined and penalized under this Act outside the territorial jurisdiction of the Philippines; b. To individual persons who, although physically outside the territorial limits of the Philippines, commit any of the crimes mentioned in Paragraph (a) hereof inside the territorial limits of the Philippines; c. To individual persons who, although physically outside the territorial limits of the Philippines, commit any of the said crimes mentioned in Paragraph (a) hereof on board Philippine ship or Philippine airship; d. To individual persons who commit any of said crimes mentioned in Paragraph (a) hereof within any embassy, consulate, or diplomatic premises belonging to or occupied by the Philippine government in an official capacity; e. To individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes mentioned in Paragraph (a) hereof against Philippine officials, their representatives, staff, agent, or envoy; and f. To individual persons who, although physically outside the territorial limits of the Philippines, commit said crimes directly against the Philippine government or its agent. In case of an individual who is neither a citizen or a national of the Philippines who commits any of the crimes mentioned in Paragraph (a) hereof outside the

territorial limits of the Philippines, the Philippines shall exercise jurisdiction only when such individual enters or is inside the territory of the Philippines: Provided, That, in the absence of any request for extradition from the state where the crime was committed or the state where the individual is a citizen or national, or the denial thereof, the NSC shall refer the case to the Bureau of Immigration for deportation or to the DOJ for prosecution in the same manner as if the act constituting the offense had been committed in the Philippines.

Sec. 5. Espionage. - Espionage is committed by any person who, within or

outside the Philippines, deals with classified matters without authority, through physical, electronic, cyber, or any other means, which causes or tends to cause injury to the Philippines or gives or tends to give advantage to a state, nation, entity, or individual, whether foreign or domestic. Dealing with a classified matter shall mean receiving, obtaining, collecting, possessing, processing, recording, copying, reproducing, disclosing or communicating, publishing, delivering, transferring, transmitting, making available, concealing, selling, procuring, buying, altering, compromising or destroying its integrity. Any person who accesses any sketch, drawing, map, lay-out, blueprint, graphical or multimedia representation of critical infrastructure, prohibited place, or national defense assets, without authority shall also be held liable for espionage: Provided, That only the President or the President's authorized representative, or the Secretary of National Defense, as the case may be, may grant authorization to enter or deal with representations of prohibited places and national defense premises. Any person who makes or assists in making a false declaration or statement for the purpose of obtaining authorization from a competent authority shall be presumed guilty of this offense. Possession of a classified matter by an unauthorized person shall be prima facie evidence of disclosure against the person who, by reason of his official functions, is in custody of said classified matter. Any person who commits the aforementioned acts shall suffer the penalty of life imprisonment without the benefit of parole and the benefits provided in Article 29, 94, 97, 98, and 99 of Act No. 3815, or the "Revised Penal Code" as amended by

Republic Act No. 10592 and by a fine of not less than Ten Million Pesos (Php10,000,000.00) but not more than Twenty Million Pesos (Php20,000,000.00).

Sec. 6. Conspiracy to Commit Espionage. - Conspiracy to commit espionage as

defined in Section 5 hereof shall be penalized with life imprisonment without the benefit of parole and the benefits provided in Articles 29, 94,97,98, and 99 of Act No. 3815, or the "Revised Penal Code" as amended by Republic Act No. 10592 and by a fine of not less than Ten million Pesos (Php10,000,000.00) but not more than Twenty Million Pesos (Php20,000,000.00). There is conspiracy when two (2) or more persons come to an agreement concerning the commission of espionage as defined in Section 5 hereof and decide to commit the same.

Sec. 7. Proposal to Commit Espionage. - Any person who proposes to commit

espionage as defined in Section 5 hereof shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than Five Million Pesos (Php5,000,000.00) but not more than Ten Million Pesos (Php10,000,000.00). There is proposal when the person who has decided to commit espionage proposes its execution to some other person or persons.

Sec. 8. Acts of Destruction, Interference, and Obstruction. - It shall be unlawful

for any person to cause or attempt to cause destruction, interference, or obstruction to the national defense efforts against armed conflict by: a. making or causing to be made, or attempting to make or cause to be made any national defense or national security material in a defective manner, including those used or employed in the making, producing, manufacturing, or repairing of such materials; or b. destroying or attempting to destroy any national defense assets. Any person found to be in violation of this provision shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than Five Million Pesos (Php5,000,000.00) but not more than Ten Million Pesos (Php10,000,000.00).

Sec. 9. Disloyal Acts or Words Affecting National Security, National Defense,

and Critical Infrastructure. - It shall be unlawful for any person to commit any of the following acts to any member of the government or any institution or entity whose

function is critical to the preservation and promotion of national defense and national security, or protection of critical infrastructure: a. incite, coerce, deceive, or otherwise cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the aforementioned entities; b. distribute any material or information that incites, coerces, deceives, or causes insubordination, disloyalty, mutiny, or refusal of duty by any member of the aforementioned entities; c. make or convey false reports or statements causing interference with or obstruction to the operation or success of the government, particularly in matters relating to national security or defense, or to promote the success of enemy forces; or, d. obstruct the recruitment or enlistment efforts of the military or the uniformed personnel during armed conflict. Any person found to be in violation of this provision shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than Five Million pesos (Php5,000,000.00) but not more than Ten Million pesos (Php10,000,000.00).

Sec. 10. Unlawful Possession or Control of Surveillance or Mapping Equipment.

- It shall be unlawful for any person to possess or control any surveillance system or equipment, including but not limited to cameras, listening or tracking devices, or any other technological means for the purpose of surveilling, monitoring, or spying on government officials, military personnel, or individuals involved in national security or defense activities, prohibited places, critical infrastructure, national defense assets or making a map related thereto. Any person found to be in violation of this Section shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than Ten Million Pesos (Php10,000,000.00) but not more than Twenty Million Pesos (Php20,000,000.00).

Sec. 11. Interference. - Any person who engages in covert, deceptive, coercive,

or threatening conduct whether alone or on behalf of, or in collaboration with, or directed, funded, or supervised by, a foreign principal, its agent or proxy, with the intention or without regard that such conduct will influence the political or governmental process, affect the exercise of democratic or political rights or duties in the Philippines or any part thereof, support the intelligence activities of a foreign

principal, or prejudice the national security of the Philippines, shall be guilty of committing interference. Any person found to be in violation of this Section shall suffer the penalty of life imprisonment and a fine of not less than Ten Million Pesos (P10,000,000.00) nor more than Twenty Million Pesos (20,000,000.00), or both.

Sec. 12. Interference Involving Foreign Intelligence Agencies. - It shall be

unlawful for any unauthorized person to knowingly or unwittingly provide resources or material support to, receive or obtain funds from, or directly or indirectly make available funds to, a foreign intelligence agency or any person acting on behalf of such agency. Any person found to be in violation of this Section shall suffer the penalty of life imprisonment and a fine of not less than Ten Million Pesos (P10,000,000.00) nor more than Twenty Million Pesos (20,000,000.00), or both.

Sec. 13. Interference by Electronic Communications Activity. - Any person who

electronically publish, alter, or delete information or materials on behalf of a foreign principal, its agent or proxy, knowing or having reason to believe that the publication, alteration or deletion is likely to prejudice national or public security, negatively impact public health, safety, or finances, affect diplomatic relations, incite enmity among influential groups, undermine public confidence in authorities, or influence the outcome of elections or referendums, shall be guilty of interference by electronic communications activity. Any person found to be in violation of this Section shall suffer the penalty of life imprisonment and a fine of not less than Ten Million Pesos (P10,000,000.00) nor more than Twenty Million Pesos (20,000,000.00), or both. If, upon determination of the National Security Council (NSC) that an electronic communication will prejudice national or public security, negatively impact public health, safety, or finances, affect diplomatic relations, incite enmity among influential groups, undermine public confidence in authorities, or influence the outcome of elections or referendums, the NSC may issue Access Blocking Order directing the internet access service provider to take reasonable steps to disable access by end- users in the Philippines to the online publication. An internet access service provider that does not comply with any access blocking order shall be fined with One Million Pesos (P1,000,000.00) for each day during which any part of that order is not fully complied with, up to a total of Five Hundred Million Pesos (₽500,000,000.00).

Sec. 14. Preparing or Planning for an Interference Offense. - Any person who

participates in the planning, preparing, or facilitating the commission of acts defined and penalized under Sections 11, 12 and 13 hereof shall be guilty of preparing or planning to commit an interference offense. Any person found to be in violation of this Section shall suffer the penalty of life imprisonment and a fine of not less than Five Million Pesos (P5,000,000.00) nor more than Ten Million Pesos (10,000,000.00), or both.

Sec. 15. Conspiracy to Commit Interference. - Any conspiracy to commit

interference defined and penalized under defined and penalized under Sections 11, 12, 13, and 14 of this Act shall be held liable with life imprisonment and a fine of not less than Ten Million Pesos (P10,000,000.00) nor more than Twenty Million Pesos (20,000,000.00), or both. There is conspiracy when two (2) or more persons come to an agreement concerning the commission of interference as defined in Sections 11, 12, 13, and 14 hereof and decide to commit the same.

Sec. 16. Proposal to Commit Interference. - Any person who proposes to

commit foreign interference as defined in Sections 11, 12, 13, and 14 hereof shall be held liable with life imprisonment and a fine of not less than Five Million Pesos (P5,000,000.00) nor more than Ten Million Pesos (10,000,000.00), or both. Proposal to commit interference is committed when a person who has decided to commit any of the crimes defined and penalized under the provisions of this Act proposes its execution to some other person or persons.

Sec. 17. Aiding or Abetting. - Any person who aids or abets another to commit

any of the offenses defined and penalized under this Act shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than Ten Million Pesos (Php10,000,000.00) but not more than Twenty Million Pesos (Php20,000,000.00).

Sec. 18. Harboring, Concealing or Facilitating the Escape of Violators of the

Law. - Harboring, concealing or facilitating the escape of a person whom one knows, or has reasonable ground to believe or suspect, has committed, or is about to commit, any of the offenses defined and penalized under this Act shall suffer the penalty of ten (10) to twelve (12) years imprisonment and a fine of not less than Ten Million

Pesos (Php10,000,000.00) but not more than Twenty Million Pesos (Php20,000,000.00).

Sec. 19. Liability of Government Officials and Employees, and Foreigners. - A

government official or employee found guilty of committing any of the offenses punishable under this Act shall suffer absolute perpetual disqualification from any public office, and the maximum penalty provided in this Act. Foreigners found guilty of committing any offense punishable herein shall, in addition to the penalties prescribed under this Act, be deported immediately without further proceedings after the service of sentence and be permanently barred from entering the country.

Sec. 20. Designation of Prohibited Places by Proclamation. - For purposes of

this Act, the President or the President's duly authorized representative, or the Secretary of National Defense, as the case may be, may designate prohibited places where military or classified activities, matters of information relative to defense and national security are conducted, prepared, manufactured, processed, used, or stored indicating the reason for such designation. National defense premises and national security facilities as defined herein shall be considered prohibited places without need of such proclamation.

Sec. 21. Classification and Custody of Classified Matters During Inquiry,

Investigation and Prosecution. - All inquiries, investigations, and prosecutions related to offenses punishable under this Act including any related documents, evidence, proceedings, and communications, shall be classified according to the security sensitivity of the matter involved. Such classified matters shall be handled in accordance with the existing and subsequent guidelines in the handling of classified matters and shall only be accessible to individuals with the requisite security clearance and on a need-to-know basis. Access to any material or information pertaining to espionage or interference inquiries, investigations, or prosecutions shall be strictly limited to authorized persons whose duties require such access, including law enforcement, intelligence officers, military officials, judicial authorities, and personnel directly involved in the conduct of the investigation or prosecution. Any unauthorized disclosure, dissemination, or

sharing of classified information shall be subject to penalties as provided under this Act. The Department of Justice (DOJ) and the Office of the National Security Adviser shall ensure the proper classification, safeguarding, and control of such sensitive information, including establishing procedures for access, review, and declassification, where appropriate.

Sec. 22. Surveillance of Suspects and Interception and Recording of

Communications. - The provisions of Republic Act No. 4200, otherwise known as the "Anti-Wiretapping Law" to the contrary notwithstanding, a military personnel, law enforcement agent, or intelligence officer duty authorized by their respective heads of the agency may, upon written order of the Court of Appeals secretly wiretap, overhear, and listen to, intercept, screen, read, surveil, record or collect, with the use of any mode, form, kind or type of electronic, mechanical or other equipment or device or technology now known or may hereafter be known to science or with the use of any other suitable ways and means for the above purposes, any private messages in whatever form, kind or nature, spoken or written words any person charged or suspected of committing any of the offenses defined and penalized under this Act: Provided, That such written order shall only be issued or granted upon written application and the examination under oath or affirmation of the applicant and the witnesses he may produce and a showing: (1) that there are reasonable grounds to believe that any of the crimes enumerated hereinabove has been committed or is being committed or is about to be committed; (2) that there are reasonable grounds to believe that evidence will be obtained essential to the conviction of any person for, or to the solution of, or to the prevention of, any of such crimes; and (3) that there are no other means readily available for obtaining such evidence. The law enforcement agent, military personnel, or intelligence officer shall (1) file an ex-parte application with the Court of Appeals, where the telecommunications service providers (TSPs) and internet service providers (ISPs) are situated, for the issuance of an order, to compel TSPs and ISPs to produce all customer information and identification records as well as call and text data records, content and other cellular or internet metadata of any person suspected of any of the crimes defined

and penalized under the provisions of this Act; and (2) furnish the National Telecommunications Commission (NTC) with a copy of said application. The NTC shall be notified by the applicant-law enforcement agent, -military personnel, or - intelligence officer upon the issuance of the order to ensure immediate compliance.

Sec. 23. Authority of the Anti-Money Laundering Council. - In addition to the

unlawful activities enumerated under Republic Act No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended, espionage and interference, in any form, is hereby considered an unlawful activity subject to the authority of the Anti- Money Laundering Council to conduct financial investigation, freezing of accounts, and forfeiture of assets. The AMLC, either upon its own initiative or at the request of the NSC, is hereby authorized to investigate: (a) any property or funds that are in any way related to the commission of any acts as defined and penalized under this Act: and (b) property or funds of any person or persons in relation to whom there is probable cause to believe that such persons are committing or attempting or conspiring to commit, or participating in or facilitating the commission of any offenses under this Act. The AMLC may also enlist the assistance of any branch, department, bureau, office, agency or instrumentality of the government, including government-owned and -controlled corporations in undertaking measures to prevent the financing of foreign 20 interference or support to foreign intelligence, which may include the use of its personnel, facilities and resources. For purposes of this section and notwithstanding the provisions of Republic Act No. 1405, otherwise known as the "Law on Secrecy of Bank Deposits", as amended; Republic Act No. 6426, otherwise known as the "Foreign Currency Deposit Act of the Philippines", as amended; Republic Act No. 8791, otherwise known as "The General Banking Law of 2000" and other laws, the AMLC is hereby authorized to inquire into or examine deposits and investments suspected of any of the crimes defined and penalized under the provisions of this Act with any banking institution or non-bank financial institution and their subsidiaries and affiliates without a court order.

Sec. 24. Forfeiture of Materials and Effects. - Upon conviction for any offense

penalized under this Act, all materials and effects directly used or intended to be used in the commission of such offense shall be subject to forfeiture proceedings in favor

of the government and disposed of in accordance with applicable laws, rules and regulations.

Sec. 25. Liability for Use of Information and Communication Technology. -

Section 6 of Republic Act 10175, or the "Cybercrime Prevention Act of 2012", shall be

applied in case any of the offenses defined and penalized in this Act is committed with the use of information and communication technology.

Sec. 26. Implementing Rules and Regulations. - Within one hundred twenty

(120) days from the effectivity of this Act, the Department of National Defense, the DOJ, and the National Intelligence Coordinating Agency shall formulate the necessary rules and regulations to ensure the efficient and effective implementation of this Act.

Sec. 27. Separability Clause. If any part or provision of this Act is held invalid

or unconstitutional, the other provisions not affected thereby shall remain in full force and effect.

Sec. 28. Repealing Clause. All provisions of law which are in conflict with this

Act are hereby repealed or modified accordingly.

Sec. 29. Effectivity. This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in a newspaper of general circulation. Adopted,