Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

1778

House Bill No.

Introduced by Bayan Muna Representatives
CARLOS ISAGANI T. ZARATE and NERI J. COLMENARES

AN ACT
MANDATING THE TELECOMMUNICATIONS SERVICE PROVIDERS TO SEND
FREE MOBILE ALERTS IN THE EVENT OF NATURAL AND MAN-MADE.
DISASTERS AND CALAMITIES

EXPLANATORY NOTE

On average, 19 tropical cyclones or storms enter the Philippine Area of Responsibility in
4 typical year and of these usually 6 to 9 make landfall. When Tropical storms Ondoy and
Pepeng struck almost three years ago, leaving hundreds dead and missing, thousands of families
displaced and millions affected, the country bitterly mourned the ineptitude of the government
to respond to calamities and provide needed assistance to the victims. Many of us recalled the
Ormoc tragedy which killed more than eight thousand people when the flash floods swept the
city at noon time. The tragic loss of lives during typhoon season is almost a yearly spectacle,

which the world can only watch in awe and disbelief as we suffer yet again, Disaster-prone

countries such as Cuba and Japan have shown how preparedness and efficient alert mechanisms

could prevent injuries and loss of lives. Unfortunately, the government has not learned from

their example

Many victims blame the government's lack of proper response to the situation. Often,
the victims are caught unaware as they were not fully informed of the disaster looming in their

midst. Modern notification systems, such as mobile phone alerts, can be used to augment the



existing and inefficient system. The ubiquity of mobile phones should be maximized to send out

emergency alerts, at no cost to consumers.
In view of the foregoing, the immediate passage of this Bill is earnestly sought.

Approved,

Y
Rep. CXRYOS VO oe

Bayan Mama Party List

RI J. COLMENARES
‘Muna Pargy- List


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

SIXTEENTH CONGRESS
First Regular Session

1778

House Bill No.

Introduced by Bayan Muna Representatives
CARLOS ISAGANI T. ZARATE and NERI J. COLMENARES

AN ACT
MANDATING THE TELECOMMUNICATIONS SERVICE PROVIDERS TO SEND.
FREE MOBILE ALERTS IN THE EVENT OF NATURAL AND MAN-MADE.
DISASTERS AND CALAMITIES

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 “The Free Mobile Disaster

Alerts Act.”

SEC. 2. Declaration of Policy. The State shall at all times, protect its citizenry in the

ble

ents of natural or man-made disasters and calamities. It shall likewise exhaust all pos

means to notify and inform its constituents of the impending disasters to prevent inju

destruction and loss of lives and property.

SEC. 3. Definition of Terms.

a, “Mobile phone service provider”, “service provider” or “telecommunication

company” refers to any person, firm or partnership or corporation, government

e, granted a legislative franchise by Congress to provide cellular mobile

or priva
telephone services to the general public, and issued certificates of public
convenience and necessity (CPCN) by the National ‘Telecommunications

Commission (NTO).


b. “Mobile cellular phone”, “mobile phone”, or “cellphone” refers to a mobile
telecommunication device that uses a combination of radio transmission and
conventional telephone switching to permit telephone communication to and
from mobile users within a specified are or cell.

¢. “Basic mobile phone services” refer to short messaging service (SMS) or text
messaging and voice call services.

d. “Short messaging service” (SMS) refers to a service that allows short,

alphanumeric messages to be sent to cellular phone display panels.

€. “Multimedia messaging service” (MMS) refers to standard for telephony
messaging systems that allows sending messages, including multimedia objects
(images, audio, video, rich text), and not just text messages through the short
messaging service (SMS).

f. “Auxiliary mobile phone service” refers to balance inquiry, customer support,

prepaid reloading services, and emergency alerts.

SEC. 3. Mobile Disaster Alerts. - In the event of an impending tropical storm,
typhoon, tsunami, or other calamities, mobile phone service providers are mandated to send out
alerts at regular intervals as required by National Disaster Risk Reduction Management Council
(NDRRMO) and Philippine Atmospheric, Geophysical and Astronomical Services
‘Administration (PAGASA), Philippine Institute of Volcanology and Seismology (PHILVOCS)

and other relevant agencies.

‘The alerts shall consist of up-to-date information from the relevant agencies, and shall be
sent directly to the mobile phone subscribers located near and within the affected areas. The
alerts shall include contact information of local government units and other agencies required to
respond to the situation. The alerts may contain other relevant information, such as, but not
limited to, evacuation areas, relief sites and pick-up points.

The alerts, shall be at no cost, whether direct or indirect, to the consumers; and shall be

included as part of the service providers auxiliary service. The alerts may be in the form of SMS.

(text messages), MMS, or email, as needed and appropriate.

SEC. 4. Report of Violations. Any natural or juridical person may report before the

NTC any violation of this Act.


SEC. 5. Penalties

a. Any person who gives false or misleading data or information or willfully or
through gross negligence, conceals or falsifies a material fact, in any investigation,
inquiry, study, or other proceeding held pursuant to this Act, shall be punished
with imprisonment of not less than two but more than six months, and with a
fine of not less than One Thousand Pesos (Php 1,000.00) but not more than ‘Ten
‘Thousand Pesos (Php 10,000.00); Provided, however, that if the false or
misleading data or information shall have been under oath, the maximum penalty
for giving false testimony or perjury shall be imposed;

b. If the offender is a corporation, the penalties may range from the imposition a
fine not less than One Million Pesos Php 1,000,000.00) but not more than Ten
Million Pesos (Php 10,000,000.00) and/or a suspension or revocation of its
Legislative Franchise and other permits and licenses by NTC. The maximum.
penalties prescribed in paragraph (a) shall also be imposed on the members of its
board and/or management, as applicable.

c. Analien violating this Act shall, in addition to the penalty herein provided, be
deported after service of sentence and shall not be permitted reentry into the
Philippines.

d. All monetary penalties shall directly accrue to the National Treasury.

SEC. 6. Implementing Rules and Regulation. ‘The Department of Transportation
and Communications, National Telecommunications Commission, National Disaster Risk
Reduction Management Council and Philippine Atmospheric and Geophysical and Astronomical
Services Administration and other relevant government agencies shall, within sixty (60) days
from the effectivity of this Act, submit the implementing rules and regulations (IRR) governing

this Act.

SEC. 7. Amendatory and Repealing Claus
regulations, ordinances, ot any parts thereof, inconsistent herewith are hereby repealed or

modified accordingly.

All laws, decrees, orders, rules and.



SEC. 8. Separability Clause. — If any provision of this Act is subsequently declared
unconstitutional, the validity of the remaining provisions hereof shall remain in full force and

effect.
SEC. 9. Effectivity Clause. — This Act shall take effect immediately after its complete
publication either in the Official Gazette or in a newspaper of general circulation in the

Philippines.

Approved,