Tow SE9F REPRESENTATIVES

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SEVENTEENTH CONGRESS ; ) pate: 11 AUG 2016
OF THE REPUBLIC OF THE PHILIPPINES ) How
First Regular Section = g
BY:
HOUSE OF REPRESENTATIVES

REDSTRATION UNIT
House Bill No. 2874 PILLS ANd IWEEX SERVICE

Introduced by Representative Vietor A. Yap

EXPLANATORY NOTE

With the advance of communication technology, phones are now common in
every household and on the person of every Filipino allowing us to conveniently do
business and to maintain interpersonal relationships. However, though largely for the
good, telephone technology has also opened up a frontier of unregulated behavior
allowing criminal elements and the societal malcontents to intimidate, harass, stalk,
vex and threaten our innocent citizens.

Present criminal laws have not adapted quickly enough to cover malicious
communication utilizing telephone technology. This has provided unregulated
avenues for criminal elements to commit harassment and to worsen their activities.
Due to the lack of a law, untold numbers of citizens receive unwanted messages and
calls every day. This bill aims to punish repeated, unwanted contact by offenders
through telephone or telephone related services.

The bill defines certain acts of repeated and/or unwanted contact as crimes and
provides appropriate penalties. This bill fills a penal gap and is necessary for the public

good.

The urgent passage of this bill is earnestly sought.

Representative, 2nd District of Tarlac


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SEVENTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Section )

HOUSE OF REPRESENTATIVES

2074

House Bill No.

Introduced by Representative Vietor A. Yap

AN ACT
PENALIZING MALICIOUS USE OF A TELECOMMUNICATION DEVICE

Be it enacted by the Senate and House of Representatives in Congress assembled:

SECTION 1. Tit!

This Act shall be known as the "Anti-Prank Calls Act of 2016”.

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the State to promote the

general welfare or the people. To this end, the State aims to prohibit mali

telecommunication devices.

SECTION 3. Prohibited Acts. ~ Any person who maliciously uses any service provided by a
telecommunication service provider with intent to terrorize, frighten, intimidate, threaten, harass,

molest, or annoy another person, or to disturb the peace and quiet or another person by any of the

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following:

a) Threatening physical harm or damage to any person or property in the course of a
conversation or message through the use of a telecommunications service or device;

b) Falsely and deliberately reporting through the use of a telecommunications service or

device that a person has been injured, has suddenly taken ill, has suffered death, or has been
the victim of a crime or an accident;

c) Deliberately refusing or failing to disengage a connection between a telecommunications

device and another telecommunications device or between a telecommunications device and
other equipment provided for the transmission of messages through the use or a
telecommunications service or device;

4) Using, vulgar, indecent, obscene, or offensive language or suggesting any lewd or
lascivious act in the course of a conversation or message through the use of a

telecommunications service or devi

¢) Repeatedly initiating a telephone call and, without speaking, deliberately hanging up or
breaking the telephone connection as or after the telephone call is answered;

f) Making an unsolicited commercial telephone call that is received between the hours of
7PM and 9AM. “An unsolicited commercial telephone call" means a call made by a person or

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recording device, on behalf of a person, corporation, or other entity, sol

contributions;

2) Deliberately engaging or causing to engage the use of a telecommunications service or

device of another person in a repetitive manner that causes interruption in

telecommunications service or prevents the person from utilizing his or her

telecommunications service or device.

SECTION 4. Penal Provision. ~ A person violating this act may be imprisoned for not more than
two (2) years, or fined not more than One Hundred Thousand Pesos (100,000.00), or both. An offense
is committed under this Act if the communication either, originates or terminates in this country and may

be prosecuted at the place of origination or termination

SECTION 5. Separability Clause. - If any of the provision of this Act is declared invalid,

the remainder of this Act or any provisions not affected thereby shall remain in force and effect.

SECTION 6. Repealing Clause. - All laws, decrees, ordinances, rules and regulations,
administrative or executive orders, and other presidential issuances inconsistent with this Act, are

hereby repealed, amended or modified accordingly.

SECTION 7. Effectivity. - This Act shall take effect fifteen (15) days after its publication in

the Official Gazette or in at least two (2) newspapers of general circulation,

Approved,