Carpio warns of security risks posed by Chinese telcos

MANILA, Philippines — Retired Supreme Court Associate Justice Antonio Carpio warned that the Philippines faces a serious problem in allowing ChinaTel to install telecom equipment in military camps, as all Chinese companies are mandated under Chinese law to disclose to their intelligence services any information required from them.

Carpio also warned of violations to the Constitution and the national security risk if Congress enacts the law to remove telcos as a public utility open to foreign control.

In a webinar of the Philippine Bar Association held Friday, Carpio said, “The Supreme Court is supreme because it’s the final interpreter of words and phrases in the Constitution.”

“But if Congress will pass a law interpreting and redefining these terms and phrases, you are taking away the power of the Supreme Court. This is a battle of turf between the Congress and the Supreme Court,” Carpio said. “It is the Supreme Court that will decide, and they will also decide that Congress cannot reserve the power of the Supreme Court and to be the final arbiter of interpreting the Constitution.”

On the risk of Chinese ownership of third telco DITO, Carpio warned that Chinese law mandates all Chinese companies, as citizens, to disclose to their intelligence services any information asked of them.

“That is a problem, that the Philippines is allowing ChinaTel to install telecom equipment in military camps and the fact that we have a conflict with China,” he said, noting that China is stealing territories such as the West Philippine Sea and Philippine maritime zones.

“We do not have that problem with Globe, PLDT, or with the Indonesians because we do not have territorial disputes with them. So, this is unique to DITO and ChinaTel. We have to be very careful because we are fighting to preserve our territorial maritime zones in the West Philippine Sea, and China is encroaching on our territory maritime zones,” Carpio said.

He pointed that the problem of telcos is that they do not have enough towers because they cannot get permits from the local governments. But under the Bayanihan Act 2, all permits have been suspended except for building permits.

“So, they need only one permit which is good for three years. There is this window of opportunity. They can build all the towers that they want now and that will solve the problem of speed and availability of boundaries.”

Carpio will stand as legal counsel in the case filed before the International Criminal Court (ICC) by former Philippine officials against Chinese President Xi Jinping and other Chinese officials over China’s incursions in the South China Sea.

Former foreign affairs secretary Albert del Rosario announced that Carpio agreed to act as counsel in the case he and former ombudsman Conchita Carpio-Morales filed against President Xi and other Chinese officials for crimes against humanity in connection with China’s illegal incursions and environmental damage in the South China Sea.

Professor Dindo Manhit, president of Stratbase ADR Institute said top priority must be the building of a robust and nationwide digital infrastructure that all sectors now realize is a critical service that must be accessible to all Filipinos.

The sudden shift to cloud-based technologies for communications and economic activities, he said, will need strategic partnerships between the private sector and government and will be instrumental in recovering from the economic crisis.”

The Department of Information and Communications Technology has reported that 23 tower companies have been granted provisional certificates to participate in its accelerated tower program.