Chinese flags wave with Philippine flags along Roxas Boulevard in Manila on November 19, ahead of Chinese President Xi Jinping's state visit in the country. Mark Demayo, ABS-CBN News/file 

MANILA — The Senate Committee on National Defense will investigate "by next week" the alleged wiretapping of military officials by the Chinese Embassy, Sen. Francis Tolentino told the media Wednesday.

READ: Defense chief says China may have violated Anti-Wiretapping Law if audio recording true 

Tolentino said he got confirmation from the panel chairperson Sen. Jinggoy Estrada. 

"I just talked to the chairman of the committee Senator Jinggoy Estrada and apparently he had an agreement that on Tuesday he would conduct the hearing," Tolentino told a press conference.

Earlier this week, Tolentino filed Senate Resolution 1023 urging Estrada's panel to investigate whether there was an actual incident of wiretapping when Chinese Embassy officials allegedly recorded its conversation with a senior Armed Forces of the Philippines (AFP) official on the West Philippine Sea.

The Embassy had alleged that the Philippines reached an agreement on a "new model" to manage the situation in Ayungin Shoal.

Tolentino said the probe should not focus on the content of the alleged conversation or agreement. 

"Ang tinutukoy natin dito, was there indeed a wiretapping? Hindi natin sinasabi dito na merong acknowledgment, merong implied recognition that there was indeed a new model, hindi yun. The mere fact na nagkaroon ng wiretapping kahit ito lang yung ceremonial greetings...tinap mo, that's a violation of the wiretapping law," Tolentino said.

READ: Senate probe sought into alleged wiretapping of AFP official by Chinese embassy 

(We will just focus on the wiretapping. No implied recognition of a new model. Any recording, even just the mere greeting, is a violation of the wiretapping law.) 

"It doesn't have to be an affirmation of the validity of the intrinsic substance of the agreement," Tolentino added. 

Tolentino said that both China and the Philippines are parties to the Vienna Convention on Diplomatic Relations, which requires that diplomats respect the laws of their host countries and must not interfere in their domestic affairs. 

"Wiretapping violates this provision," Tolentino said. 

Tolentino believes the supposed participants in the conversation can confirm or deny it, along with authentication from the National Bureau of Investigation.

Tolentino concedes they cannot compel the attendance of Chinese diplomats, but he encourages them to participate as proof of good faith. 

If the crime was proven, Tolentino said the diplomats and non-diplomatic personnel can be expelled, or their embassy downsized, which was the precedent in other countries who had similar experiences with other diplomats. 

Tolentino explained diplomats only have immunity in the discharge of their work but they are liable for violations of the law outside of their regular functions.

AFP chief of staff Gen. Romeo Brawner and other top government officials had already denied agreeing with China on managing the West Philippine Sea.

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