THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
6 JAN 19 ~ 3 5 5  
Second Regular Session 
1 
S E N A T E  
S.B. No. 
2 19 5 ~
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V
By: 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The 1987 Constitution, Article 2, Section 5 states: 
Section 5. The maintenance of peace and order, the protection of life, liberty, 
and property, and promotion of the general welfare are essential for the enjoyment by 
all the people of the blessings of democracy. 
This bill seeks to implement this policy by imposing penalties to motorists who will be 
caught using their mobile phones while driving. 
There have been various studies regarding the risk of accident if the driver is using a mobile 
phone while driving. A 1997 published report of Dr. Don Redelmeier of the University of Toronto in 
the New England Journal of Medicine states that talking on a cellphone while driving quadrupled a 
person’s risk of an accident. Redelmeier recently repeated his call to ban cellphone use by drivers, 
saying he actually underestimated the risks when he made the study. The Canadian Medical 
Association joined Redelmeier in calling for a ban. Redelmeier now says his study didn’t take into 
account other distractions on top of talking on the mobile phone. A study conducted by the 
University of Montreal, which included 36,000 people, found that if a person is using a mobile phone 
while driving, he is 38 percent more likely to get into an accident than if he is not using his mobile 
phone. 
In the United States, as of November 2003, 18 states have already enacted legislations 
banning the use of mobile phones while driving. 
In the Philippines, where the drivers not only call, but also send text messages while driving, 
it is high time that a law be passed prohibiting such dangerous distractions while driving for the 
safety of motorists and pedestrians. 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
1 
6 JhN 19 P3 :!.5 
Second Regular Session 
1 
l 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PENALTIES AND EXCEPTIONS THERETO 
TO PROHIBIT THE USE OF MOBILE PHONES ~ I L E  
DFWING, PROVIDING 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Anti-Cellphone Use While 
Driving Act of 2006.” 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the State to 
maintain peace and order, protect life, liberty, and property, and promote the general welfare by 
ensuring the safety of motorists and pedestrians by prohibiting the use of mobile phones while 
driving. 
SECTION 3. Definition of Terms. -For purposes of this Act - 
(A)“Mobile telephone” means the device used by subscribers and other users of 
wireless telephone service to access such service. 
(B) “Hand-held mobile telephone” means a mobile telephone with which a user 
engages in a call using at least one hand. 
(C) “Hands-free mobile telephone” means a mobile telephone that has an internal 
feature or function, or that is equipped with an attachment or addition, whether or 
not permanently part of such mobile telephone, by which a user engages in a call 
without the use of either hand, whether or not the use of either hand is necessary 
to activate, deactivate or initiate a function of such telephone. 
@)“Wireless telephone service” means two-way real time voice telecommunications 
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-service that is interconnected to a public switched telephone network and is 
provided by a commercial mobile telephone service. 
(E) “Using” means holding a mobile telephone to, or in the immediate proximity of, 
the user’s ear and/or sending text messages. 
(F) “Engaged:in a call” means talking into or listening on a hand-held mobile 
telephone, but shall not include holding a mobile telephone to activate, deactivate 
or initiate a function of such telephone. 
(G) “Immediate proximity” means the distance that permits the operator of a mobile 
telephone to hear telecommunications transmitted over such mobile telephone, but 
shall not require physical contact with such operator’s ear. 
SECTION 4. Acts Punished. - (A) Except as otherwise provided in this Act, no person 
shall operate a motor vehicle upon a public highway while using a mobile telephone to 
engage in a call or to send text messages while such vehicle is in motion. 
(B) An operator of a motor vehicle who holds a mobile telephone to, or in the immediate 
proximity of his or her ear, while such vehicle is in motion is presumed to be engaging in a call 
within the meaning of this Act. The presumption established by this section can be rebutted by 
evidence tending to show that the operator was not engagedin a call. 
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(C) The provisions’ of this Act shall not be construed as authorizing the seizure or 
forfeiture of a mobile telephone, unless otherwise provided by law. 
SECTION 5. Exceptions. - The prohibitions of this Act shall not apply to: 
(A) The use of a mobile telephone for the sole purpose of communicating with any of the 
following regarding an emergency situation: an emergency response operator; a hospital, 
physician’s office or health clinic; an ambulance company; a fire department; or a police 
department; 
(B) Any of the following persons while in the performance of their official duties: a 
police officer or peace officer; a member of a fire department; or the operator of an authorized 
emergency vehicle; or 
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(C) The use of a hands-free mobile telephone. 
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SECTION 6. Penalties. - Whoever violates this Act, or any reblatioh issued pursuant 
thereto, shall be considered as reckless driving and shall be punishable by a fine of not more than 
one thousand pesos Cp1,OOO.OO) for the first offense, three thousand pesos (P3,OOO.OO) for the 
second offense and five thousand pesos (P5,000.00), confiscation of the driver’s license and 5 
days imprisonment for the third and succeeding offenses. 
SECTION 7. Separability Clause. -If any provision or part thereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
valid and subsisting. 
SECTION 8. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to, or inconsistent 
with the provisions of this Act is hereby repealed, modified or amended accordingly. 
SECTION 9. Effectivity Clause. - This Act shall take effect fifteen (IS) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved, 
jpsll-5-06 
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