EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Third Regular Session
)
'■(fjf'irr oi (■•f 
• • *■ ■> ’
•21 DEC-1 P6 37
SENATE
S. B. NO. 2460
Introduced by SENATOR JOEL VILLANUEVA
AN ACT PROVIDING FOR AN OPT-IN MECHANISM FOR 
TELEPHONE AND MOBILE SUBSCRIBERS, PROTECTING SUCH 
SUBSCRIBERS FROM ELECTRONIC 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 September 2021 reaching 8.9% 
(4.25 Million Filipinos) and an underemployment rate of 14.2% (6.18 
Million Filipinos),1 this scheme will undoubtedly mislead some recipients, 
thereby necessitating the need for the Philippine government to take 
affirmative action to address these types of spam.
This bill shall define “spam” as a call or text message that may fall 
under any one of the following categories:
1 Unemployment rate in September 2021 is Estimated at 8.9 Percent, available at 
https://psa.eov.ph/content/unemployment-rate-september-2021-estimated-89-percent {last accessed 
December 1, 2021).


(1) Not initiated by the recipient of the call or message containing 
commercial promotions or advertisements and 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, etc. and
(4) Triggers the collection of personal information by accessing an 
electronic device illegally.
The bill also provides for an automatic opt-out mechanism for all 
telephone and mobile subscribers from spam calls or messages and 
allows the subscriber to provide the initial prior consent for the receipt of 
commercial or promotional advertisements from any person, whether 
natural or juridical, without prejudice to the availability of the option of a 
subsequent opt-out mechanism.
Under its prohibited acts, there shall be a prima 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 2nd to 4th categories as discussed above.
Continuous monitoring and oversight shall be required of concerned 
government agencies such as 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 be 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 Republic Act No. 10173, otherwise known as 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 shall 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^OEL VILLANUEVA


EIGHTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES
Third Regular Session
)
SENATE
S.B. No. 2460
71 DEC-1 P6 37
Introduced by SENATOR JOEL VILLANUEVA
1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
AN ACT PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND 
MOBILE SUBSCRIBERS, PROTECTING SUCH SUBSCRIBERS FROM 
ELECTRONIC 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
SECTION 1. Short Title. - This Act shall be known as the “Anti-Spam Act of 2021.”
SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to:
(a) 
Protect 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; and
(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.
CHAPTER II 
DEFINITION OF TERMS
SECTION 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;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
(b)
(C)
(d)
(e)
(f)
(g)
(h)
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;
Outbound call or text refers to a telephone call or text message initiated by any 
caller or sender;
Prize refers to anything offered, or purportedly offered, and given, or purportedly 
given, to a subscriber user by chance;
Subscriber/s refer to client/s of telecommunications companies, whether under a 
pre-paid or post-paid plan;
Text refers to any message sent via short message service (SMS);
Upselling refers to soliciting the purchase of goods or services following an initial 
transaction during a single telephone call or text message;
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 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, etc. and
(4) Triggers the collection of personal information by accessing an electronic 
device illegally.
CHAPTER III
SUBSCRIBER’S RIGHTS AND
DUTIES AND RESPONSIBILITIES OF A CALLER OR SENDER
SECTION 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, likewise without additional cost.
SECTION 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.


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
SECTION 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.
SECTION 7. Filing of Complaint. - Complainants may initially file their complaints with 
the entity concerned, which shall act on all complaints received within fifteen (15) days 
from receipt.
Complainants who are not satisfied with the action of the entity may bring the matter to 
the National Telecommunications Commission.
CHAPTER V
PROHIBITED ACTS, FINES, AND PENALTIES
SECTION 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 prima 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 the Data Privacy Act of 2012, 
without prejudice to a further fine that may be imposed by the Privacy Commission as 
provided for in this Act.
SECTION 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.
SECTION 10. Third-party Access. - The entity that shall allow access to numbers of 
their subscribers to other persons, whether natural or juridical, without the latter’s 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.
SECTION 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;


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
(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 
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.
SECTION 12. Penalties. - Without prejudice to administrative sanctions that may be 
imposed by the Privacy Commission, 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


1
2
3
4
5
6
7
8 
9
10
11
12
13
14
15
16
17
18
19
20 
21 
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
(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 (PI00,000.00).
CHAPTER VI 
FINAL PROVISIONS
SECTION 13. Oversight and Review. - Within three (3) months from the effectivity of 
this Act, and every six (6) months thereafter, the Privacy Commission, the National 
Telecommunications Commission, 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.
SECTION 14. Appropriations. - The Privacy Commission 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 maybe 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.
SECTION 15. Implementing Rules and Regulations. - Within ninety (90) days from the 
effectivity of this Act, the Privacy Commission, upon consultation with relevant 
stakeholders, shall formulate the rules and regulations for the effective implementation of 
this Act.
SECTION 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.
SECTION 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.
SECTION 18. Effectivity Clause. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or a newspaper of general circulation.
Approved,