(from left) Noemi Deng (wife of arrested Chinese national Deng Yuanqing), Filipina Chinese civic leader Teresita Ang See and lawyer Ferdinand Topacio 

MANILA, Philippines – Lawyer Ferdinand Topacio on Monday called the Philippine government “amateurish” and “very clumsy” for tagging the recently arrested Chinese national as a “spy” early on without yet conducting a preliminary investigation. 

Topacio, who agreed to represent tagged “Chinese spy” Deng Yuanqing, said there was injustice in the way the Philippine government is handling the case.   

“Ni wala pa ngang paglilitis, kahuhuli lamang, wala pang preliminary investigation noon binansagan nang Chinese spy,” Topacio said. 

“What happened to due process, what happened to the presumption of innocence, what happened to the right of fair trial,” he said. 

The National Bureau of Investigation (NBI), the Armed Forces of the Philippines (AFP) and the Department of Justice (DOJ) last January 20 presented Deng and two Filipino “cohorts” arrested for supposed espionage activities. They were caught doing alleged illegal surveillance of military camps and vital installations within the country including sites of the Enhanced Defense Cooperation Agreement. 

The NBI had earlier reported that Deng is a graduate of PLA University of Science and Technology and is an expert in control engineering.

He and the two other Filipinos were caught on board a vehicle fully equipped with a web of technological infrastructure said to be collecting data from the Philippines and transported realtime. 

Not spy, not PLA graduate, only contractor of driverless cars 

Deng Filipina wife Noemi emotionally faced the media vehemently denying that her husband is a spy.

She belied the claim that her husband ever had powerful international connections since he doesn’t even know how to make friends.   

“Sa pagkakaalala ko nung nasa China ako mga kabigan niya mga kaklase lang niya nung nandito naman sa Pilipinas hindi yan marunong lumabas, maginom manigarilyo kaya nagulat talaga ako kung bakit nasabing spy wala po ‘yang mga kaibigan walang koneksyon,” she said. 

Filipina-Chinese civic leader Teresita Ang See who helps Noemi said the information released about the Chinese national was wrong. 

Deng isn’t a graduate of any university, according to See.  

“Saan nanggaling ‘yung graduate ng PLA university. He is not a university graduate. He is a vocational / technical school graduate,” she said. 

Also, the equipment intercepted in the subject vehicle earlier presented by the NBI weren’t meant for espionage activities but for operations of autonomous vehicles. 

See said she asked experts to explain each equipment which turned out weren’t meant for complicated spying operations but only a full-scale navigational system that are actually available on e-commerce sites. 

A background check on the company Deng works for also revealed global ties with the US, Australia and Taiwan which See said makes it highly unlikely for American allies to do business with an entity tainted with espionage allegations. 

“Tsaka ‘yung company chineck ko talaga ang kliyente niya taga Australia, US Taiwan, kung may suspicion ‘yan na ‘yang company na ‘yan merong ganyang klaseng background, hindi makikipag kontrata ang US, Canada, Australia, Korea pa nga yata eh, Taiwan,” she said. 

Even Topacio who did his own research said he also found out the same thing. 

“Bakit ganon, nahuli lang yung equipment, nagtanong din ako kung ano ‘yung mga equipment na yun, that is road serving equipment para sa autonomous o self-driving cars,” he said.

See said they are only asking for an impartial investigation from the government and refrain from submitting Deng to trial by publicity. 

Consular visit denied

Deng’s camp also cried foul on being denied consular visit by the NBI. See said the Embassy of the People’s Republic of China sought for the help of the Department of Foreign Affairs and the DOJ but their efforts were denied. 

“Kung espiya yan, will the embassy not distance itself?” See said. 

“The Embassy requested DFA for help kasi nung nagpunta sila sa NBI ayaw iharap sa kanila so humingi sila ng tulong sa DFA at sa DOJ for consular visits, to allow them for consular visits pero nung pinuntahan nila ayaw daw ipaharap sa kanila,” Sy said.  

Topacio said denying foreign citizens jailed in another country of consular visits goes against various conventions on diplomatic relations. 

“To deny consular visit to a citizen that is incarcerated in your own country violation yan ng mga conventions in diplomatic relations. Mabigat po ‘yan lalo na yung Geneva Convention on Diplomatic relations,” Topacio said. 

Ph’s ‘spy’ tag may affect diplomatic ties with China 

While the Philippines has long standing maritime issues with China, tagging its citizen as a “spy” isn’t the way to even the situation because it strains the relations of the involved countries and it violates international law. 

“Spying on a neighboring country with which you have diplomatic relations is a no no in international law,” Topacio said. 

“Our government should not discount that possibility, baka naman innocent yan before trying to launch an international incident,” he said. 

The NBI has yet to release a statement.