MANILA, Philippines — Sen. Francis Tolentino sought an inquiry into the alleged wiretapping of a ranking officer of the Armed Forces of the Philippines (AFP) by a Chinese diplomat, a grave offense that could “ignite” diplomatic tensions.
The senator asked the Senate Committee on National Defense and Security to investigate since the alleged action by the Chinese Embassy in Manila could “trigger significant legal repercussions.”
In a statement Tuesday evening, Tolentino said the wiretapping of AFP Western Command chief Vice Adm. Alberto Carlos by an unnamed Chinese diplomat was a “potential violation” of the Philippine Anti-Wiretapping Act or Republic Act (RA) 4200.
He said the Senate inquiry aims to review RA 4200, as well as the rules and regulations, and protocols of government officials while dealing with foreign officials.
In the tapped telephone conversation, Carlos allegedly agreed to a “new model” for Philippine resupply missions to the beached BRP Sierra Madre in Ayungin Shoal to manage sea row in the area.
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“This act deems it illegal for any individual, not authorized by all parties to a private communication or spoken word, to tap any wire or cable or use devices to secretly overhear, intercept, or record such communication or spoken word,” Tolentino said.
He said if the act of wiretapping was proven to be accurate, China “should formally apologize to the Philippines for the illegal acts of their officials, waive their diplomatic immunity, and let them face the consequences of their shameless and unbecoming act pursuant to Articles 9 and 324 of the Vienna Convention on Diplomatic and Consular Relations.”
Tolentino said that as an alternative, the Philippines should consider recalling its ambassador to China and declaring said Chinese diplomat “persona non grata.”
He also called on the Philippine authorities to take appropriate action to determine the extent of China’s interference in “some of our critical infrastructure that may undermine our national security, make an accounting of all our vital infrastructure, and provide remedial measures to address such interference to minimize if it cannot at all prevent the same.”
Tolentino said Chinese Foreign Ministry spokesman Lin Jian said in a press conference on May 6 that the alleged “new model” for Ren’ai Reef (Second Thomas Shoal) transportation and subsidy was allegedly approved by the entire command chain of the Philippine military.
China threatened on May 7 to release the transcript and audio recording of an alleged phone conversation on January 3 between the Chinese official Carlos.
The recording allegedly discussed the “new model” of conduct in the West Philippine Sea, which was claimed to have been consented to by Defense Secretary Gilberto Teodoro Jr., National Security Adviser Eduardo Año, and AFP Chief of Staff Gen. Romeo Brawner.
“It is unlawful for any person, a participant or not in the act or acts penalized, to knowingly possess any tape record, wire record, disc record, or any other such record, or copies of any communication or spoken word secured either before or after the effective date of this Act in the manner prohibited by this law,” Tolentino said.
“It is also unlawful for any person or persons to replay the unauthorized recorded communication, either verbally or in writing, or to furnish its transcription, whether complete or partial, to any person, unless allowed or authorized by courts as evidence in any civil, criminal investigation or trial of offenses,” he added.
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