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THIRTEENTH CONGRESS OF THE REPUBLI 
OF THE PHILIPPINES 
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First Regular Session 
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S E N A T E  
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Introduced by Senator S. R. OsmeAa 111 
EXPLANATORY NOTE 
The Philippines is the world's largest patron of Short Messaging Service or 
popularly known as SMS or "TEXT" message, sending some 100 million 
messages among mobile phone users per day in the country alone. 
The indispensability of the mobile phone has been the subject of a recent 
study conducted 
by Siemens, one of the leading cellular phone manufacturer. 
Now on its third year, the Siemens Mobile Lifestyle Survey reported that the 
indispensability of mobile phones is strongly felt in the Asia-pacific region, 
particularly in China with 70 percent and the Philippines with 65 percent. 
Furthermore, the study also reported that the Filipinos are utilizing this gadget as 
an important means in comnlunicating with loved ones with a revealing 54 
percent as oppose to 24 percent of Hong Kongers. Inevitably, this fact will be 
taken advantage of by business persons who will see the potential of advertising 
in this new form. 
Spamming in the internet has been a perennial problem that has plagued 
the Internet world. This bill seeks to avoid exactly the same problem. Sending 
unsolicited messages and advertisements through mobile phone will be 
discouraged and prohibited through this bill. 
In view of the foregoing, approval of this bill is earnestly sought. 
SERGIO OSMENA Ill 
Senator 


THIRTEENTH CONGRESS OF THE REPUBLI 
OF THE PHILIPPINE 
First Regular Session 
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S E N A T E  
Introduced by Senator S. R. OsmeAa 111 
AN ACT 
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REGULATING THE USE OF TEXT, GRAPHICS, MULTIMEDIA AND OTHER 
SIMILAR MESSAGING SYSTEMS OF MOBILE PHONE§ 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: 
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SECTION 1. Short Title 
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This Act shall be known as the "Cellular 
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Phone Message Spamming Protection Act of 2004". 
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SECTION 2. Definition of Terms - 
Whenever used in this Act , the 
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following terms shall mean: 
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Advert iseme n ts 
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shall refer to any form of business promotions, 
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announcements, and other messages relevant to company affairs. 
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Multimedia 
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shall refer to a live streaming or pre-recorded video 
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and audio signals transmitted by a third generation (3G) wireless telephone 
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system. 
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Network Operator - 
shall refer to a personnel of network provider 
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authorized to directly and simultaneously transmit message to all its subscribers 
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by way of SMS and other similar means. 
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Network Provider 
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shall refer to any wireless telephone or cellular 
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phone companies capable of transmitting text, graphic and multimedia signals 
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using their telecommunications network. 
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Short Message Service (SMS) or Text Messaging 
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is 
a 
small 
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text message of up to 160 characters transmitted by a GSM phone or other 
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digital type wireless phone to another SMS enabled device. 
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Unsolicited Advertisements 
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shall 
refer 
to 
commercial 
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advertisements sent by business entities to cellular phone subscribers who did 
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not signify their intention to receive SMS advertisements as reflected in the 
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subscribers’ advertisement consent reply form issued by the Network Provider. 
SECTION 3. Prohibited Act 
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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 multimedia. 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 
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advertisements of the network Provider shall only be limited to service 
announcements affecting the subscribers. 
SECTION 4. Advertisement Consent Reply Form 
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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 
SECTION 5. Coverage 
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All business entities registered with the 
Securities & Exchange Commission and Department of Trade & Industry as well 
as individuals and non-profit organizations who connives in the execution of the 
prohibited acts stated herein, shall be covered by this Act. 
SECTION 6. Penalties 
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Any person who shall violate any of the 
prohibited acts punishable by this Act shall, upon conviction, be punished by a 
fine of not less than Five Hundred Thousand Pesos (P500,000.00) but not more 
than One Million Pesos (PI ,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. 
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Provided however, If the violation is made by a corporation, association, or 
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president , or managing partners. Provided further, that if the transmission of 
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of the penalty imposed. 
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SECTION 7. Repealing Clause - 
All laws, decrees, orders, or 
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administrative rules and regulations or any part thereof whish may be 
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inconsistent with the provision of this Act are hereby repealed, amended or 
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modified accordingly. 
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SECTION 8. Effectivity 
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This Act shall take effect thirty (30) days 
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after its publication in two (2) national circulation. 
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Approved, 
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