THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
First Regular Session 
1 
. , .  
S E N A T E  
S. No. < 
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Introduced by Senator Juan Flavier 
. 
*i* 
AN ACT REGULATING THE USE OF HAND HELD CELL PHONES 
BY MOTORISTS 
EXPLANATORY NOTE 
Cellular phones have become an almost indispensable part of Filipino life. It’s 
use and importance in business, communication, and entertainment cannot be denied. 
However, operating the device in some instances and situations pose not only 
inconvenience to other people but danger as well. One such situation is when people 
operate these devices while driving their motor vehicles. 
A study published in the New England Journal of Medicine found that 
collision rates for drivers using hand held cell phones were roughly the same as for 
drivers who were legally drunk. 
While some cities have enacted local ordinances prohibiting its use by drivers, 
there is a need to institute a similar measure on a nationwide scale to protect life, limb 
and property. 
In view of the foregoing and in the interest of public safety, Immediate 
passage of this measure is therefore requested. 
’I 
R, M.D. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
First Regular Session 
S E N A T E  
P ?  
S. No. $-L 
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1 -- 
Introduced by Senator Juan M. Flavier 
I .’ a,. . , 
L. 
AN ACT REGULATING THE USE OF HAND HELD CELL PHONES 
BY MOTORISTS 
Be it enacted by the Senate and House of Rspresentatives of the Philippines in 
Congress assembled: 
SECTION 1. Title. - This Act shall be known as the Cell Phone Safety Act. 
SECTION 2. Declaration of Policy. - It is hereby declared the policy of the 
State to safeguard its citizenry from the ruinous and extremely injurious effects of 
vehicular accidents. Towards this end, it shall pursue a more proactive and preventive 
approach to secure the safety of motorists, their passengers and pedestrians at all 
times through the banning of the use of hand held cellular phones by motorists on 
board a moving motor vehicle. 
SECTION 
SECTION 
safety, no 
3. DeJinition of Terms. - As used in this act, the term: 
“hand held cellular phone” shall refer to a cellular phone without 
the aid of a hands-free or similar device; 
“use of hand held cellular phone” shall refer to the act of calling, 
receiving a call or the sending and receiving of text messages; 
“motorist” shall refer to the driver of a motor vehicle 
“moving motor vehicle” shall refer to both private and public 
motor vehicle with the engine running and operating on any road, 
thoroughfare and street; 
“private motor vehicle” shall refer to any of the following: 
Any motor vehicle owned by individuals and juridical persons for 
private use; 
Any motor vehicle owned by the National Government or any of 
its agencies; instrumentalities or political subdivisions, including 
govzrnment owned or -controlled corporations or their subsidiaries 
for official use; and 
Any diplomatic vehicle. 
“public motor vehicle” shall refer to public utility vehicle or 
vehicle for hire. 
4. Ban on the Use of Hadheld Cellular Phones. - For public 
motorist on board a moving motor vehicle may use a hand held 
cellular phone. 


SECTION 5. Exemption. - The ban may not be imposed if the motorist 
concerned uses a hands free or speaker phone device or other similar device 
which allows a person to make and receive calls without having to hold the 
cellular phone. 
SECTION 6. Implementation. - The Land Transportation Office (LTO) is the 
lead agency in the implementation of this Act. It shall, with the assistance of 
the National Telecommunications Commission and other concerned agencies, 
promulgate the necessary Implementing Rules and Regulations for this Act. 
SECTION 7. Fines and Penalties. - In the enforcement of this Act, the LTO 
shall impose the corresponding fines and penalties, which shall be based on 
the following: 
1. 
2. 
3. 
For the lst 
violation - a minimum fine of One Hundred Pesos (P 100.00) 
but not to exceed One Thousand Pesos (P 1,000.00); 
For the 2nd violation - a minimum fine of Two Hundred Pesos (P 200.00) 
but not to exceed Two Thousand Pesos (P 2,000.00); 
For the 3'd and succeeding violations - a minimum fine of Five Hundred 
Pesos ( P 500.00) but not to exceed Five Thousand Pesos (P 5,000.00) and 
suspension of driver's license for three (3) months. 
SECTION 8. Nationwide Public Information Campaign. - The LTO, in 
coordination with the Philippine Information Agency (PIA), Department of 
Education, Culture and Sports (DECS) and private agencies and organizations, 
shall 
undertake a regular nationwide 
Information, Education 
and 
Communication (IEC) campaign for the attainment of the objectives of this 
Act. 
SECTION 9. Separability Clause. - If any provision, or part of hereof, is held 
invalid or unconstitutional , the remainder of the law or provision not 
otherwise affected shall remain valid and subsisting. 
SECTION 10. Repealing Clause. - All laws, decrees, orders, rules and 
regulations, or any part thereof, which are inconsistent herewith are hereby 
repealed or amended accordingly. 
SECTION 1 1. Effectivity. - This Act shall take effect fifteen (1 5) days afier 
its publication in at least two (2) national newspapers or general circulation in 
the Philippines.. 
Approved,