THIRTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Third Regular Session 
) 
SENATE 
Introduced by Senator Manuel "Lito" M. Lapid 
EXPLANATORY NOTE 
The Philippines has been called the "TEXT" capital of the world due to the large 
volume of Short Messaging System (SMS) traffic exchange in the country. It has been 
estimated that the number of cellular phone subscribers in the Philippines reached over 
23 million and is still growing at a rapid rate. 
Mobile phones, being the most common personal accessories among many 
Filipinos, have a deeper market penetration than landline phones, making it an 
attractive target for advertising. 
Over the internet, "Spamming" or the means of 
bombarding personal e-mails with unsolicited messages and advertisements, has been 
a perennial problem of many subscribers. It is foreseen that a similar problem in the 
wireless industry will follow suit. 
At present, advertising through mobile phones comes in the form of occasional 
promotional announcements by cellular operators. However, there are growing reports 
that subscribers are sent company promotions, announcements, and other 
advertisements for a fee without their consent, In order to abate the possible abuse of 
the wireless industry with unsolicited messages and advertisements, it is suggested that 
we discourage companies, as early as now, from using mobile phone text messaging in 
promoting their products and services. 
MAN 
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Senator 


THIRTEENTH CONGRESS OF THE REPUBLIC) 
Third Regular Session 
) 
6 Jj- 
OF THE PHILIPPINES 
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SENATE 
S. No. 
Introduced by Senator Manuel "Lito" M. Lapid 
AN ACT 
REGULATING THE USE OF TEXT, GRAPHICS, MULTIMEDIA AND OTHER SIMILAR 
MESSAGING SYSTEMS OF MOBILE PHONES AS MEDIUM FOR BUSINESS ENTITY 
ADVERTISEMENTS AND FOR OTHER PURPOSES. 
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. This Act shall be known as "Cellular Phone Message 
Spamming Protection Act of 2006" 
Sec. 2. Definition of Terms. - Whenever used in this Act, the following terms 
shall mean: 
Advertisements - shall 
refer to any form 
of 
business promotions, 
announcements, and other messages relevant to company affairs 
Multimedia Messaging Service (MMS) - shall refer to a technology that allows 
one to create, send, and receive text messages including a live streaming or pre- 
recorded video and audio signals transmitted by a 2.5G or 3G (third generation) 
wireless telephone system. 
Short Message Service (SMS) or Text Messaging - is a small text message of 
up to 160 characters transmitted by a Global System for Mobile Telecommunications 
(GSM) phone or other digital type wireless phone to another SMS enabled device. 
Network Operator - shall refer to a personnel of a network provider authorized to 
directly and simultaneously transmit messages to all its subscribers by way of SMS and 
other similar means. 


Network Provider - shall refer to any wireless telephone or cellular phone 
company capable of transmitting text, graphic and multimedia signals using its 
telecommunications network. 
Unsolicited Advertisements - shall refer to commercial advertisements sent by 
business entities to cellular phone subscribers who did not signify their intention to 
receive SMS advertisements as reflected in the subscriber’s advertisement consent 
reply form issued by the Network Provider. 
Sec. 3. Prohibited Act. - It shall be unlawful for business entities to send 
unsolicited advertisements directly to cellular phone subscribers or through a network 
operator via transmission arrangement with the network provider using SMS, graphics, 
or MMS. 
Provided however, that in case the unsolicited advertisement will originate 
from the network provider, it shall not be liable to the penalties provided in this act. 
Provided further, that such advertisements of the Network provider shall only be limited 
to service announcements affecting the subscribers. 
Sec. 4. Advertisement Consent Reply Form. - 
All cellular phone network 
providers shall be required to make part of their subscriber’s application form, a portion 
that will reflect the latter’s intention or rejection to receive SMS advertisements. 
Provided however, that in case of existing subscribers, a separate consent reply form 
shall be sent to them individually. 
Sec. 5. Coverage. - All business entities registered with the Securities & 
Exchange Commission and the Department of Trade and Industry as well as individuals 
and non-profit organizations who connive in the execution of the prohibited acts stated 
herein, shall be covered by this act. 
Sec. 6. Penalties. - Any person who shall violate this Act shall, upon conviction, 
be punished by a fine of not less than Five Hundred Thousand Pesos (P500,OOO.OO) but 
not more than One Million Pesos (Pl,OOO,OOO.OO), 
or an imprisonment of not less than 
six (6) months but not more than six (6) years, or both, at the discretion of the court. 
Provided, however, if the violation is made by a corporation, association, or partnership, 
the penalty provided herein shall be imposed upon the directors, president, or managing 


partners. Provided further, that if the transmission of advertisement is coursed through a 
network provider, it shall take on the liability of the penalty imposed. 
SEC. 7. Repealing Clause. - All laws, decrees, orders, or administrative rules 
and regulations or any part thereof which may be inconsistent with the provision of this 
Act are hereby repealed, amended or modified accordingly. 
SEC 8. Effectivity. -This Act shall take effect thirty (30) days after its publication 
in two (2) newspapers of national circulation. 
Approved,