FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE of REPRESENTATIVES
House Bill No. 3445

Introduced by: MA. THERESA B. BONOAN-DAVID
4 District, City of Manila

EXPLANATORY NOTE

This bill seeks to regulate the use of cellular phones while driving. As we
know, cellular phones have now become a necessity for everybody. All sectors
of society, of all ages and classes, have their own mobile phones. This has also
resulted to the prevalence of the use of text messaging, or the short message
service (SMS), a common feature of modem mobile phones. In addition, the
Philippines has been known to be the texting capital of the world.

Then again, the necessity of using mobile phones does not prevail over
the need to ensure road safety. There have been reports that using mobile
phones while driving causes distraction among drivers resulting to road
accidents which destroys property, and in some instance, loss of life. This bill
seeks to address such concern. It proposes to regulate the use of mobile

phones while driving through promoting hands free devices so that drivers may
not be distracted while driving.

Road safety is of prime importance. Thus, passage of this bill is earnestly
requested.

This is a House of Representative counterpart bill to one filed in the
Senate by Senator Ramon Bong Revilla, Jr.

MA. THERESA BONOAN-DAVID

4th District, City of Manila


FIFTEENTH CONGRESS OF THE )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE of REPRESENTATIVES
House Bill No. 3445

Introduced by: MA. THERESA B. BONOAN-DAVID
4% District, City of Manila

AN ACT REGULATING THE USE OF CELLULAR PHONE WHILE
DRIVING AND PROVIDING PENALTIES IN VIOLATION THEREOF

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

Section I. Declaration of Policy. - It is the policy of the State to maintain peace
and order, protect life, liberty and property, and promote the general welfare of
the people.

While the State recognizes the vital role of communication and
information in nation-building, the State puts premium on the life and safety of
its citizens by regulating the use of communication gadgets.

Sec. 2. Definition of Terms. -As used in this Act, the following terms shall
mean:

a) Cellular Phone is a portable electronic device used for mobile voice or
data communication over a network of specialized base stations known
as cell sites;

b) Short Message Service (SMS) is a communications protocol allowing the
interchange of short text messages between phone devices;

c) Accessories means the devise or apparatus that can be connected to the
cellular phone such as, but not limited to earphones, microphones,
jacks, which are capable of sending, receiving, storing or otherwise
processing messages from other gadgets of communication.


Sec. 3. Use of Cellular Phone While Driving. - To carry out the abovementioned
policy, the use of mobile phones for text messaging and/or for dial-up
communication while driving all types of vehicles shall be allowed provided,
that appropriate hands-free accessories shall be installed therein.

Sec. 4. Penal Provision -Violation of this Act shall be punishable by:

(a) First Offense -fine of Three Thousand Pesos (P 3,000.00);
(b) Second Offense - fine of Five Thousand Pesos (P 5,000.00);

(c) Third and succeeding Offenses - a fine of not less than Five Thousand
Pesos (P 5,000.00) but not more than Ten Thousand Pesos
(P10,000.00) and/or imprisonment of not more than one (1) year at
the discretion of the Court.

Sec. 5. Separability Clause. - If any part, section, or provision of this Act shall
be held invalid or unconstitutional, the other provisions shall not be affected
thereby.

Sec. 6. Repealing Clause. - All laws, decrees, orders, issuances, rules and
regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly.

Sec. 7. Effectivity. - This Act shall take effect (15) days after its complete
publication in at least two (2) newspapers of national circulation.

Approved.