Senator Francis Tolentino has filed a resolution to investigate, in aid of legislation, the alleged unauthorized wiretapping of the Chinese Embassy in Manila on the Armed Forces of the Philippines (AFP) Western Command (WESCOM).

In a press conference on Wednesday, May 15, Tolentino said the controversial recording was not an acknowledgment that there was indeed a conversation regarding a ​"new model​" between the Philippines and China in the management of the dispute in the West Philippine Sea (WPS).

"Ang tinutukoy natin dito (What we are referring to here is that), was there indeed a wiretapping? Hindi natin sinasabi dito na may acknowledgment, mayroong implied recognition (We're not saying that there was acknowledgment, or there was an implied recognition) that there was indeed a new model," he said.

Tolentino has drawn attention to the Chinese Embassy's potential violation of the Philippine Anti-Wiretapping Act--a grave offense that could ignite diplomatic tensions and trigger significant legal repercussions.

“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,” he said.

In Senate Resolution (SR) No. 1023, Tolentino underscored Chinese Foreign Ministry Spokesperson Lin Jian’s announcement in a press conference on May 6 of the alleged “new model” for Ren'ai Reef (Second Thomas Shoal) transportation and subsidy that was allegedly approved by the entire command chain of the Philippine military, including the Philippines' Defense Ministry, National Security Advisor, and others.

It can be recalled that a​ ranking official from the Chinese Embassy in Manila said that it would release the transcript and audio recording of an alleged phone conversation on Jan. 3 between Chinese officials and Vice Admiral Alberto Carlos, Chief of the AFP-WESCOM. In the conversation, the latter allegedly agreed to a new model for resupply missions to the BRP Sierra Madre.

What new model?

The recording allegedly discussed the new model of conduct in the WPS, which was claimed to have been consented to by the top Department of National Defense (DND) and AFP officers, including Defense Secretary Gilberto Teodoro Jr., National Security Adviser Eduardo Aho, 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.

The Department of Foreign Affairs (DFA) issued a statement emphasizing that only the President of the Republic of the Philippines can approve or authorize agreements entered into by the Philippine Government on matters pertaining to the WPS and South China Sea.

In relation to this, the DFA further warned against falling for false narratives, and resorting to tactics such as releasing unverifiable recordings of supposed conversations with Philippine officials that demonstrate efforts to sow discord and confusion among Philippine agencies and the Filipino public.

It reminded diplomats that “They should strictly adhere to the 1961 Vienna Convention on Diplomatic Relations (VCDR), particularly Article 41, which states that "...it is the duty of all persons...to respect the laws and regulations of the receiving State. They also have a duty not to interfere in the internal affairs of that State.”

"The AFP will not dignify the claim of the Chinese Embassy in Manila that our organization has agreed to a 'new model' for conduct in the Ayungin Shoal. China's claim of an audio recording allegedly between Vice Admiral Carlos and a Chinese diplomat does not merit significant concern as it appears to be a malign influence effort from the Chinese Communist Party (CCP),” said Brawner, one of the high-ranking officers mentioned in the wiretapped conversation. He denied agreeing to such a model.

"The transcripts can easily be fabricated, and audio recordings can be manufactured using deep fakes. These reports only aim to distract from the China Coast Guard's ongoing aggressive behavior in the West Philippine Sea," he added. 

While.he doubted the authenticity of the recording, Teodoro still called on the DFA to investigate the issue.

Expulsion of Chinese diplomat

If proven true, Tolentino said that this should result in the expulsion of the Chinese diplomat from the Philippines for violating the Anti-Wiretapping Law and rules on international relations.

“If the act of wiretapping is 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 (I)3 and 324 of the Vienna Convention on Diplomatic and Consular Relations,” his resolution stated.

As an alternative, the Philippines should consider recalling the Chinese ambassador and declaring the diplomat "persona non grata".

“Those individuals in the Chinese Embassy responsible for violating Philippine laws and the Vienna Convention on Diplomatic Relations and those responsible for these malign influence and interference operations must be removed from the country immediately," National Security Adviser Secretary Eduardo Año said.

He added that, "Bypassing official and long-established channels and protocols, talking to officials without the requisite authorities or bona fides, then maliciously claiming that alleged discussions should bind the PH government is farcical, foolish, and reckless.”

Tolentino called on Philippine authorities to take appropriate action to determine the extent of China's interference in some of the critical infrastructure that may undermine national security.

He also wants then to make an accounting of all vital infrastructure, and provide remedial measures to address such interference to minimize if it cannot at all prevent the same.

He said the Senate probe on the alleged wiretapping aims to review Republica Act (RA) No. 4200 as well as the rules, regulations, and protocols of government officials while dealing with foreign leaders.