Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO.2909

Introduced by Rep. Precious Hipolito Castelo

\ EXPLANATORY NOTE

When subscribers receive otherwise unsolicited, unnecessary, and unwanted messages or
material/s via text which can be commercial offerings, promotions, advertisements, and
surveys — these should constitute undue intrusion into the private space of mobile phone
‘subscribers and therefore is deemed associated with some unforeseen adverse effects on
quality of life and personal freedom.

Since these spam messages, whether they come from known or unknown sources should
be regulated precisely because the subscribers did not ask for them, then the National
Telecommunication Commission should exercise its disciplinary as well as regulatory
powers over the telecommunication companies that ‘father’ these rather not-too-desirable
and in fact, unwelcome developments.

The vicious and unregulated bombardment of these texts or messages gets in the way of the
free, open, clean and supposedly unobtrusive personal and private use of legitimate mobile
phone subscribers of their units in ways that please, satisfy, and supply their needs and the
costs they paid for in their chosen post-paid or pre-paid plans.

It is never incumbent upon any nefarious source to stand in the way of this freedom of
communication when, without mutual consent or at least the consent of the receiver, any
mobile phone owner or subscriber, just receives any text or any message from known or
unknown source unless with due permission or upon the demand of the receiver from the
sender of such spam

This bill henceforth seeks to broaden and to grant regulatory powers that will enable NTC to

effectively ban these unwanted and unsolicited messages under pain that telecom
companies or service providers involved will be meted fines or their franchises be revoked.

Thus, the urgent passage of this bill is prayed for.



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

House BiLL No. 2909

Introduced by Rep. Precious Hipolito Castelo

AN ACT
GRANTING NATIONAL TELECOMMUNICATIONS COMMISSION (NTC) DIRECT
REGULATORY POWER TO IMPOSE FINE AND REVOKE FRANCHISE OF ERRING
TELECOMMUNICATION COMPANY OR ANY OF ITS SERVICE PROVIDER ON
UNSOLICITED OR UNWANTED MESSAGE OR MATERIAL VIA TEXT TO MOBILE
PHONE USER/SUBSRIBER AND FOR OTHER PURPOSES

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

SECTION 1. This Act shall be known as the “Mobile Phone User's Freedom Act.”

SEC. 2. Every mobile phone owner, user, and subscriber enjoys the inviolable right
to a free, open, clean, and unobtrusive freedom to use mobile phone unit free of otherwise
unsolicited, unnecessary, and unwanted message or text sent from known or unknown
source for commercial offering, promotion, advertisement, and survey without consent and
permission

SEC. 3. To effectively carry out the intent of this Act, the National Telecommunication
Commission is hereby authorize to impose fine of P300,000.00 on any telecommunication
company and any of its service providers involved in the violation of this Act and/or the
revocation of its franchise. Further, said agency shall issue appropriate rules, regulations,
and guidelines to the entire industry sector to strictly preclude cases of violation of this Act

‘SEC. 4. This Act shall take effect upon its approval and publication in the Official
Gazette.

Approved,