NINETEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
First Regular Session 
)
SENATE 
S. B. NO._3££.
of 111' S' >'
■22 JUL 12 All 29
miCEivajSi, __
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND 
MOBILE SUBSCRIBERS, PROTECTING SUCH SUBSCRIBERS FROM 
ELECTRONIC SCAMS AND THREATS THROUGH THE MISUSE OF 
DIGITAL TECHNOLOGY, AND PROVIDING PENALTIES FOR 
VIOLATIONS THEREOF
EXPLANATORY NOTE
With the advancements made in technology also come the evolution of phishing 
attacks in several platforms, such as short message services, e-mails, and calls.
Recently, many citizens complained of receiving scam text messages that offer 
fake jobs promising high wages and other valuable products at seemingly discounted 
prices, a scheme now called “smishing,” a form of text message phishing that lures 
consumers into giving away personal or financial information.
With the unemployment rate as of April 2022 reaching 5.7% (equivalent to 2.76 
million Filipinos) and an underemployment rate of 14.0% (equivalent to 6.40 million 
Filipinos),1 this scheme will undoubtedly mislead (and have misled) some recipients, 
thereby necessitating the need for the Philippine government to take affirmative action 
to address these types of spam.
This bill seeks to put an end to the proliferation of spam messages that have 
been constantly increasing in recent months. Under this bill, “spam” is defined as a 
call or text message that may fall under any one of the following categories:
(1) Not initiated by the recipient of the call or message containing commercial 
promotions or advertisements, the recipient of which did not opt-in to receive 
the same;
1 Unemployment rate in September 2021 is Estimated at 8.9 Percent, available at https://psa.qov.ph/content/unemplovment-rate- 
september-2021-estimated-89-percent {last accessed December 1,2021).


(2) Causes an installation of programs on the subscriber’s device without 
consent:
(3) Contains false or misleading electronic representations redirecting to 
websites, chat platforms, and similar online platforms and
(4) Triggers the collection of personal information by accessing an electronic 
device illegally.
To enhance the privacy protection of individual subscribers, this bill 
automatically opts out all telephone and mobile subscribers from spam calls or 
messages, and allows the subscriber to provide his or her prior consent before any 
commercial or promotional advertisements can be sent to such subscriber, whether 
natural or juridical, without prejudice to the availability of the option of a subsequent 
opt-out mechanism.
Mobile network service providers are also mandated under this bill to provide 
user-friendly reporting mechanisms for their subscribers and immediately act on 
complaints, upon due investigation, to prevent further unsolicited calls and texts from 
such mobile number.
This bill also establishes a prima facie presumption of a violation of its 
provisions if the subscriber opted out of receiving any calls or text messages, or when 
the subscriber has declined to further give consent to the continuation of the call or 
text but still receives such messages, or when the unsolicited call or text falls within 
the 2nd to 4th categories as discussed above.
To ensure that the provisions of this Act will be implemented effectively, this bill 
mandates the National Privacy Commission, the National Telecommunications 
Commission, and the National Bureau of Investigation, in coordination with relevant 
stakeholders, to further improve and develop the technical and industry efforts to 
protect the data privacy of citizens.
Given the foregoing, it is imperative that the interests of our telephone and 
mobile subscribers are protected and upheld in line with the policy of the State to 
protect the fundamental right to privacy of communication, while ensuring free flow of 
information to promote innovation and growth, as guaranteed under the 1987 
Constitution as well as by the Data Privacy Act of 2012. This bill will redound to the 
benefit of millions of subscribers who will have the freedom to choose with whom they 
transact, and will reduce, if not eliminate, the proliferation of potentially risky and 
harmful unsolicited calls or messages.
Thus, the immediate passage of this bill Is earnestly sought.
SENATOR JOy^ VILLANUEVAp


NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
First Regular Session
SENATE
S. B. NO._afiR
of tiv? vet.’17’
'22 JUL 12 All 29
Rf.CEr>U)Bi,
Introduced by SENATOR JOEL VILLANUEVA
AN ACT
PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND 
MOBILE SUBSCRIBERS, PROTECTING SUCH SUBSCRIBERS FROM 
ELECTRONIC SCAMS AND THREATS THROUGH THE MISUSE OF 
DIGITAL TECHNOLOGY, AND PROVIDING PENALTIES FOR 
VIOLATIONS THEREOF
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
CHAPTER I
TITLE AND DECLARATION OF POLICY
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SECTION 1. Short Title. - This Act shall be known as the “Anti-Spam Act of 2022.” 
SEC. 2. Declaration of Policy. - It is hereby declared the policy of the State to:
(a) 
Uphold the fundamental right to privacy of communication while ensuring free flow 
of information to promote innovation and growth, guaranteed under the 1987 
Constitution of the Republic of the Philippines, as well as by Republic Act No. 
10173, otherwise known as the “Data Privacy Act of 2012”;
(b) 
Protect the data privacy of telephone and mobile phone service subscribers;
(c) 
Provide a standard of conduct for businesses and industries in sending calls and 
text messages to subscribers;


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(d) 
Set as default the opt-in mechanism and provide subscribers the opportunity to 
give prior consent before receiving calls and texts inducing the purchase of goods 
or services and other forms of solicitation; and
(e) 
Require service providers to implement user-friendly grievance mechanisms to 
report unsolicited calls or texts.
CHAPTER II 
DEFINITION OF TERMS
SEC. 3. Definition of Terms. - As used in this Act;
(a) 
Caller or sender refers to any natural person, or in the case of a juridical person, 
an employee or agent thereof, who initiates a call or a text message for the purpose 
of making a call or text message, whether outbound or unsolicited;
(b) 
Consent refers to a written contract signed by both the subscriber and the entity 
or its authorized representative, indicating that the subscriber opted to receive such 
calls or text messages;
(c) 
Outbound call or text refers to a telephone call or text message initiated by any 
caller or sender;
(d) 
Prize refers to anything offered, or purportedly offered, and given, or purportedly 
given, to a subscriber user by chance;
(e) 
Subscriber/s refer to client/s of telecommunications companies, whether under a 
pre-paid or post-paid plan;
(f) 
Text refers to any message sent via short message service (SMS);
(g) 
Upselling refers to soliciting the purchase of goods or services following an initial 
transaction during a single telephone call or text message;
(h) 
Unsolicited call or text or Spam refers to a call or a text message that may be 
any one of the following:
(1) Not initiated by the recipient of the call or message containing commercial 
promotions or advertisements and the recipient of which did not opt-in to 
receive the same;
(2) Causes an installation of programs on the subscriber’s device without consent;
(3) Contains false or misleading electronic representations redirecting to websites, 
chat platforms, and similar platforms; and
(4) Triggers the collection of personal information by accessing an electronic 
device illegally.


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CHAPTER III
SUBSCRIBER’S RIGHTS AND
DUTIES AND RESPONSIBILITIES OF A CALLER OR SENDER
SEC. 4. Automatic Opt-Out and Subscriber’s Prior Consent. - As a default, all 
subscribers are automatically opted out of receiving unsolicited calls or texts as defined 
under this Act. Commercial or promotional advertisements may only be sent to a 
subscriber who has given prior consent or has specifically opted-in to receive said 
messages without additional cost; Provided, That a subscriber who has given prior 
consent or opted in may choose to opt-out any time, without additional cost.
SEC. 5. Requirement for a Caller or Sender. - No person shall make an unsolicited call 
or text message unless such person discloses the full name of the caller or sender, the 
company, or organization for whose benefit the call or text message Is being made, and 
the telephone number of a fixed line where such identity can be established and verified.
SEC. 6. Opt-out Mechanism. - All entities shall provide a mechanism for subscribers to 
opt-out any time from receiving calls or messages at no cost to the subscriber. The opt- 
out mechanism must enable the subscriber or recipient to indicate the decision not to 
receive any commercial or promotional advertisement from the entity.
SEC. 7. Filing of Complaint. - Complainants may initially file their complaints with the 
mobile network provider concerned, which shall act on all complaints received within 
fifteen (15) days from receipt.
Mobile network providers shall implement user-friendly and immediate reporting 
mechanisms for their respective subscribers and shall, upon due investigation, put in 
place measures to prevent further unsolicited calls or texts from the reported number.
Complainants who are not satisfied with the action of the entity may bring the matter to 
the National Telecommunications Commission (NTC).
CHAPTER IV
PROHIBITED ACTS, FINES, AND PENALTIES
SEC. 8. Prohibited Acts. - No person, whether natural or juridical, shall make an 
unsolicited call or text message, as defined under this Act, to any telephone or mobile 
number.
There shall be a prime facie presumption of a violation of this Act if the subscriber opted 
out of receiving any calls or text messages, or when the subscriber has declined to further 
give consent to the continuation of the call or text, or when the unsolicited call or text falls 
within the definition under Sections 3(h)(2), 3(h)(3), and 3(h)(4) of this Act.
The use of an automatic dialer or any electronic device that automatically or randomly 
contacts telephone numbers is prohibited.
Any violation of this Section shall constitute the crime of unauthorized processing as 
defined and penalized under Section 25(a) and 25(b) of Republic Act No. 10173, 
otherwise known as the Data Privacy Act of 2012 and its implementing rules and 
regulations, without prejudice to a further fine that may be imposed by the National Privacy 
Commission (NPC) as provided for in this Act.


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SEC. 9. Liability of Caller or Sender. - A caller or sender who commits any violation 
under this Act shall be held solely liable. If the caller or sender acted for the benefit of 
another person, natural or juridical, and with authority from the latter, they shall be both 
held separately liable for the violation. However, if the caller or sender acted for the benefit 
of another person, natural or juridical, without authority from the latter, the former shall be 
held solely liable.
Any caller or sender who calls or sends a text message to a subscriber in violation of the 
provisions of this Act shall be fined for each call or text.
SEC. 10. Third-party Access. ~ The entity that shall allow access to the phone numbers 
of their subscribers to other persons, whether natural or juridical, without the subscribers’ 
consent shall be held liable under this Act, without prejudice to liability under the Data 
Privacy Act. For the avoidance of doubt, blanket consent shall be prohibited.
SEC. 11. Exceptions. - This Act shall not apply to a caller or sender under the following 
circumstances:
(a) 
In representation of a public agency who is not promoting any of its programs for 
a commercial purpose;
(b) 
Action is undertaken in a personal capacity;
(c) 
Action is prompted by a necessity to respond to an emergency that threatens life, 
health, or safety of any individual;
(d) 
When the sole purpose of the call or text is to:
(1) Facilitate, complete, or confirm a transaction that the recipient of the message 
has previously agreed to enter with the sender;
(2) Within the specified warranty period, provide warranty information, product 
recall information, or safety or security information with respect to a product or 
service purchased or used by the recipient of the message;
(3) Deliver goods or services, including product updates or upgrades, that the 
recipient of the message is entitled to receive under the terms of the transaction 
that the recipient previously agreed to enter with the sender;
(e) 
When with reference to an ongoing purchase or use by the recipient of goods or 
services offered by the sender, the sole purpose of the call or text is to:
(1) Notify a change in its terms or features;
(2) Notify a change in the standing or status of the recipient of the message; or
(3) Provide, at regular periodic intervals, account balance information or other type 
of account statement with respect to a subscription, membership, account, loan, 
or comparable ongoing commercial relationship;
(f) 
When its sole purpose is to conduct general market research through surveys, 
provided that, with respect to consumer goods and services, no reference shall be


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made to any specific brand and in no case shall include any offer for sale of goods 
and services;
(g) 
When sent to an organization other than an individual acting in a personal capacity, 
for whatever purpose of the receiving organization; and
[h] 
When done by duly recognized charities, religious institutions, or educational 
institutions which are not considered telemarketers, non-profit organizations, and 
other exempt organizations under appropriate rules and regulations.
SEC. 12. Penalties. - Without prejudice to administrative sanctions that may be imposed 
by the NPC, or to civil or criminal liability, any person found to be in violation of any 
provision of this Act or its implementing rules and regulations, shall be imposed the 
following penalties:
(a) 
For a juridical person, a fine of not less than Fifty Thousand Pesos (P50,000.00) 
nor more than One Hundred Thousand Pesos (P100,000.00) for each violation; 
Provided, That its officers directly responsible for the violation shall suffer the 
penalty of fine not less than Fifty Thousand Pesos (P50.000.00) but not more than 
One Hundred Thousand Pesos (P100.000.00); or
(b) 
For a natural person, a fine of not less than Fifty Thousand Pesos (P50.000.00) 
but not more than One Hundred Thousand Pesos (P100.000.00).
CHAPTER V 
FINAL PROVISIONS
SEC. 13. Oversight and Review. - Within three (3) months from the effectivity of this 
Act, and every six (6) months thereafter, the NPC, NTC, and the National Bureau of 
Investigation, in consultation with relevant stakeholders in the private sector, shall each 
submit reports to Congress, containing information on the implementation of the 
provisions of this Act, as well as other pertinent information, including, but not limited, to 
investigations initiated on spam and scam calls or messages and status thereof, and 
technical and industry efforts undertaken to combat the proliferation of unsolicited calls or 
text messages.
SEC. 14. Appropriations. - The NPC shall immediately include in its programs the 
implementation of this Act, the initial funding of which shall be charged against its current 
year’s appropriations. Thereafter, such sums as may be necessary for the continued 
implementation of this Act shall be included in the annual General Appropriations Act.
Proceeds from penalties herein imposed shall accrue to the General Fund.
SEC. 15. Implementing Rules and Regulations. - Within ninety (90) days from the 
effectivity of this Act, the NPC, upon consultation with relevant stakeholders, shall 
formulate the rules and regulations for the effective implementation of this Act.
SEC. 16. Separability Clause. - If, for any reason, any section, clause, or term of this 
Act is held to be illegal, invalid, or unconstitutional, such parts not affected by such 
declaration shall remain in full force and effect.


SEC. 17. Repealing Clause. - All laws, presidential decrees, issuances, executive 
orders, letters of instruction, rules and regulations inconsistent with the provisions of this 
Act are hereby repealed or modified accordingly.
SEC. 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in two (2) newspapers of general circulation.
Approved,