TWENTIETH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE
S.B. No. 1094
I^ f^cnate
o( ti)g £?i-i;rt3r^
25 AUB-7 PI 26
RECEIVE BY;
Introduced by SEN. WIN GATCHALIAN
AN ACT
MANDATING AND INSTITUTIONALIZING ROLL-OVER DATA ALLOCATION
SCHEME AND PROVIDING PENALTIES FOR NON-COMPLIANCE
THEREWITH
EXPLANATORY NOTE
Active digitalization efforts from the government, coupled with the rapid 
evolution of the digital landscape in the Philippines beginning from the height of the 
COVID-19 pandemic, have significantly transformed how Filipinos perform day-to-day 
activities. As online learning, work-from-home arrangements, digital payments, and 
even online government transactions become more prevalent and popular, internet 
connectivity becomes even more of a necessity to everyone.
While the Philippines has seen considerable improvement in terms of internet 
connectivity, with the country ranking sixth (6th) in the ASEAN in terms of internet 
penetration and speed in 2024, a considerable improvement from its previous 9th 
ranking, the country still needs to catch up with global standards in connectivity. In 
the 2024 report of the ICT Development Index of the United Nations, the Philippines 
scored 74.4 in terms of universal and meaningful connectivity, an improvement of 14 
percentage points compared to 2023. Despite this considerable improvement.


however, the Philippines remains below the world average score of 74.8 and was 
ranked the fifth lowest in the East and Southeast Asia region.1
Considering the vital role of information and communications technology in 
nation building, as well as the undeniable role of internet connectivity in facilitating 
universal access to vital products and services, this proposed measure seeks to 
improve internet accessibility and affordability for Filipinos by directing all internet 
service providers (ISPs) to implement a roll-over data allocation scheme for their 
subscribers.
Through this bill, unused data allocation for both postpaid and prepaid 
subscribers shall be carried over to the following day, week, or month until it is fully 
consumed, depending on the applicable internet data package. A mandatory roll-over 
data allocation scheme will allow internet subscribers to fully consume the data 
allocation in their internet data package, in accordance with their particular data needs 
and usage. This is especially helpful for subscribers who may not have access to, or 
be able to afford, higher internet data packages which allow for roll-over of unused 
data allocation.
In view of the foregoing, the immediate passage of tl>ismeasur6 is earnestly
sought.
TGHA
1 Raffy Ayeng, Ph! seen to rank ASEAN's 3rd strongest in internet connectivity in 2028, Daily Tribune, at
https://tribune, net.Dh/2024/07/13/phl-seen-to-rank-aseans-3rd-stronqest-in-lnternet-conned:ivitv-in-2028 
(last
visited June 26, 2025).


TWENTIETH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
AM Sitmt
fit tim £>.'ivetdi^
25 AUG-7 PI 26
SENATE
S. B. No. 1094
.tCEIVEitV:
Introduced by SEN. WIN GATCHALIAN
AN ACT
MANDATING AND INSTITUTIONALIZING ROLL-OVER DATA 
ALLOCATION SCHEME AND PROVIDING PENALTIES FOR NON- 
COMPLIANCE THEREWITH
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled:
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SEC. 1. Title. - This Act shall be known as the "Roll-Over Internet Act''
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SEC. 2. Declaration of Policy. - The State recognizes the vital role of
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information and communications technology in nation building. The State shall
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implement measures for the regulation of internet service providers (ISPs) and
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ensure that the interest and welfare of the people and the consuming public
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are protected and upheld.
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SEC. 3. Definition of Terms. - As used in this Act:
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(a) Data Capping to the limit of bandwidth allocation an ISP is
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offering to its subscriber per day, week, or month;
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(b) 
Internet Data Package refers to the internet service packages,
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plans, or promos offered by ISPs with maximum limits on the
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open access data volume an end user may avail per set period of
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the package;
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(c) 
Internet Service Provider refers to any service-based operator
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whose services involve the combination of computer processing.


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information storage, protocol conversion, and transmission to 
enable subscribers to access internet content and services as well 
as multimedia services and its transmission of data through digital 
subscriber line (DSL), fixed wireless broadband, cable broadband, 
fiber-optic or fiber-to-the-home (FTTH) and mobile data to enable 
subscribers to access internet content and services, as well as 
multimedia services;
(d) 
Offer Duration refers to the length of time a subscriber or user is 
allowed to use an internet data package service and promos;
(e) 
RoH-Over Data Allocation refers to the unused internet data 
allocation per day, week, or month, as the case may be, 
depending on the applicable internet data package, which shall 
be carried over to the following day, week, or month until it is 
fully consumed; and
(f) 
Unlimited Internet Data Package refers to an internet service 
package with no data cap.
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SEC. 4. Coverage. - All ISPs in the Philippines shall be covered by this
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Act.
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SEC. 5. RoU-Over Data Allocation Scheme. - All ISPs are required
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to implement a Roll-Over Data Allocation Scheme for their subscribers as
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follows:
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(a) 
For postpaid subscribers or users: The rolled-over data allocation
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shall be prioritized to be consumed in the succeeding month:
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Provided, That the unused data every month shall be rolled-over
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and accumulated up until the last month of the year: Provided,
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further, That all unused data allocation for a year may be used
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and converted as rebates that may be used by subscribers as
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payment for internet service in the succeeding year of
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subscription.
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(b) 
For prepaid subscribers or users and postpaid subscribers who
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avail of internet data package promo offers:


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(1) 
Unused data allocation shall be rolled over: Provided, That 
the subscriber or user renews the subscription right after 
the lapse of the offer duration;
(2) 
The unused data allocation of subscribers or users who fail 
to renew subscription shall be reduced by twenty percent 
(20%) every day until the subscription is renewed; and
(3) 
If after five (5) days, the subscription is not renewed, all 
unused data allocation shall be considered consumed.
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SEC. 6. Exemptions. - Subscribers who availed and shall avail of any
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unlimited internet data package with no data cap shall be exempted from this
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Act.
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SEC. 7. Penalties. - Any ISP who fails to comply with Section 5 of this
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Act shall be subject to the following penalties:
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(a) 
A fine of Fifty thousand pesos (Php 50,000.00) per violation per
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subscriber; and
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(b) 
For repeated violations, in addition to fine, revocation or
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cancellation of the license, registration or franchise of an ISP,
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including the waiving of any pre-termination fees of the affected
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subscriber.
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SEC. 8. Implementing Rules and Regulations. - Within sixty (60)
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days from the effectivity of this Act, the Secretary of the Department of
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Information and Communications Technology (DICT), in coordination with the
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National Telecommunications Commission (NTC) and other concerned
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agencies, shall promulgate the rules and regulations and other issuances as
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may be necessary to ensure the effective implementation of this Act.
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SEC. 9. Separability Clause. - Should any part or provision of this Act
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be declared unconstitutional or invalid, the remaining parts or provisions not
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affected thereby shall remain in full force and effect.


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SEC. 10. Repealing Clause. - All laws, decrees, executive orders,
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issuances, rules, and regulations which may be inconsistent with any of the
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provisions of this Act, are hereby deemed repealed, amended, or modified
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accordingly.
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SEC. 11. Effectivity. — This Act shall take effect fifteen (15) days after
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its publication in the Official Gazette or in a newspaper of general circulation.
Approved,