Republic of the Philippines
HOUSE OF REPRESENTATIVES

Quezon City
Fifteenth Congress
First Regular Session
COMMITTEE REPORT NO. 900
O5 MAY 28

Submitted by the Committee on Transportation on

Re: House Bill No. 4571

Recommending its approval in substitution of HB No. 318, JIB No. 788, HB No. 986, HB
No. 1277, HB No. 1586, HB No. 2136, HB No. 3302 and HB No. 3445

Sponsor/s: Reps. Roger G. Mercado, Susan Yap, Aurelio D, Gonzales, Jr., Rep, Romeo
Acop

‘Mr. Speaker:

The Committee on Transportation to which were teferred House Bill No. 318
introduced by Rep. Susan A. Yap, entitled:

“AN ACT REGULATING THE USE OF MOBILE PHONE WHILE DRIVING,
PROVIDING PENALTIES IN VIOLATION THEREOF AND FOR OTHER
PURPOSES”

‘House Bill No. 788 introduced by Rep. Aurelio D. Gonzales, Jr., entitled:

“AN ACT REGULATING THE USE OF HAND-HELD CELLULAR PHONES
WHILE DRIVING AND FOR OTHER PURPOSES”

House Bill No. 986/1277 introduced by Rep. Augusto L. Syjuco, Jr., entitled:
“AN ACT REGULATING THE USE OF HANDHELD CELLULAR PHONES
BY MOTORISTS”

House Bill No. 1586 introduced by Diosdado Macapagal Arroyo and Gloria Macapagal-
Arroyo, entitled:

“AN ACT AN ACT REGULATING THE USE OF HAND-HELD MOBILE
COMMUNICATION DEVICE WHILE DRIVING AND FOR OTHER
PURPOSES”


House Bill No. 2136 introduced by Rep. Inwin C. Tieng, entitled:

“AN ACT TO PROHIBIT AND PENALIZE READING, COMPOSING AND
SENDING ELECTRONIC MESSAGES WHILE DRIVING, AND FOR OTHER
PURPOSES”

House Bill No. 3302 introduced by Rep. Romeo M. Acop, entitled:

“AN ACT PROMIBITING THE SENDING OR READING MESSAGES OR
TEXTING THROUGH THE SHORT MESSAGE SERVICE (SMS) USING
THE CELLULAR PHONE OR SIMILAR DEVICES WHILE DRIVING A
MOTOR VEHICLE AND PROVIDING PENALTIES THEREFOR”

‘House Bill No. 3445 introduced by Rep. Ma. Theresa B. Bonoan-David, entitled:

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

has considered the same and recommends that the attached House Bill No.
4571 entitled:

“aN ACT REGULATING THE USE OF HAND-HELD MOBILE
COMMUNICATION DEVICES WHILE DRIVING AND FOR OTHER
PURPOSES

be approved in substitution of HB No. 318, HB No. 788, HB No. 986/127, HB No. 1586,
HB No. 2136, HB No. 3302 and HB No. 3445 with Representatives Susan A. Yap, Aurelio
D. Gonzales, Jr., Augusto L. Syjuco, Jr., Diosdado Macapagal Arroyo, Gloria Macapagal
‘Amoyo, Irwin C. Tieng, Michael Velarde, Romeo M. Acop, Ma. Theresa B. Bonoan-David,
Roger G. Mereado, Eric G. Singson, Ir., Francisco T. Matugas and Andres D. Salvacion, Jr.
as authors thereof.

feSpectfully submitted,
HON. ROGER G. MERCADO

Chairman
Committee on Transportation

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
QUEZON CITY


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

- 4571

House Bill No.

(¢n substitution of HB No, 318, HB No, 788, HB No. 986, HB No. 1277, HB No. 1588, HB No, 2136, HB No. 3902 and
HB No. 3445)

Introduced by Reps. Susan A.Yap, D. Gonzalez, Jr, Augusto Syjuco, Jr.,
Diesdado Macapagal Arroyo, Gloria Macapagal Arroyo, Irwin Tieng, Michael Velarde,
Romea M. Acop, Ma. Theresa B. Bonoan-David and Roger G. Mercado

AN ACT
REGULATING THE USE OF HAND-HELD MOBILE COMMUNICATION
DEVICES WHILE DRIVING AND FOR OTHER PURPOSES

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 “Anti-Mobile
Communication Devices Use While Driving Act of 2011.”

Sec. 2. Declaration of Policy. - It is hereby declared the policy of the State
to safeguard its citizenry from the ruinous and extremely injurious effects of
vehicular accidents.

While the State recognizes the vital role of information and
communications technology in nation-building, the State also promotes the safety
of the public from the acts of persons which have become inimical in the exercise
and enjoyment of these rights and to regulate such acts.

Towards this end, it shall pursue a more proactive and preventive
approach to secure the safety of motorists, their passengers and pedestrians at
all times by banning the use of mobile communication devices by motorists while
driving or operating a moving motor vehicle.

Sec. 3. Definition of Terms. — As used in this Act, the term:

a) Diplomatic motor vehicle refers to any motor vehicle leased or owned by a
foreign mission and its staff for their official use;


en an ron

b)

Government motor vehicle refers to any motor vehicle owned by the national
govemment or any of its agencies, instrumentalities or political subdivisions,
including government-owned or -controlled corporations or their subsidiaries
for official use,

°)

implementing agency refers to the Department of Transportation and

Communications (DOTC) — Land Transportation Office (LTO);

d) Mobile communication devices refer to electronic communication equipment
such as, but not limited to, cellular phones, i-phones, wireless telephones,
two-way radio transceivers, walkie-talkie, pagers and beepers capable of
transmitting, receiving, or both, of encrypted data and/or signals through
wireless, electronic or any other similar means;

e)

Motor vehicle refers to engine-driven vehicles such as, but not limited to,
automobiles, trucks, vans, buses, jeeps, motorcycles and tricycles;

f) Motorist refers to a person driving a motor vehicle;

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Private motor vehicle refers to any motor vehicle owned by individuals and

juridical persons for private use;

h) Public motor vehicle refers to a motor vehicle issued by the Land
Transportation Franchising and Regulatory Board (LTFRB) to operate as a
public utility vehicle or any vehicle for hire; and

i} Using a mobile communication device refers ta the act of making a call,
receiving a call or the act of composing, sending or viewing of text and multi-
media messages, including the act of doing intemet and other similar
functions;

Sec. 4. Ban on the Use of Mobile Communication Devices while Driving. —
To ensure public safety, it shall be unlawful for any person to use hand-held
mobile communication device while driving a private or public motor vehicle.

Sec. 5. Extent of Coverage. — Wheeled agricultural machineries such as
tractors and construction equipment such as graders, rollers, backhoes,
payloaders, cranes, bulldozers, mobile concrete mixers and the like, and other
forms of conveyances such as bicycles, pedicabs, habal-habal, trolleys, kuligtig,
wagons, carriages, carts, sledges, chariots or the tike, whether animal or human-


powered, are covered by the provisions of this Act as long as the same are
operated or driven in public thoroughfares, highways or streets or under
circumstances where public safety is under consideration

Sec. 6. Exemptions. — The ban shall not be imposed if the motorist
concemed uses a mobile communication device with the aid of a hands-free
device such as but not limited to a speaker phone, earphones and microphones
or other simitar device which allows a person to make and receive calls without
having to hold the mobile communication device. The provisions of this Act shall
not apply to persons performing urgent, emergency and official functions where
such limitations will result to greater injury or impair the performance thereof,

Sec. 7. Nationwide Public information Campaign. - The DOTC-LTO, in
coordination with the Philippine Information Agency (PIA), the Department of
Education (DepEd) the Department of Interior and Local Government (DILG)-
Philippine National Police (PNP) and private agencies and organizations, shall
undertake a nationwide information, education and communication (IEC)
campaign for a period of six (6) months from the effectivity of this Act.

Sec. 8. Penalties. - Any person who shall violate any provision of this Act
shall be punishable by:

(a) First Offense — a fine of One Thousand Pesos (P1,000.00)

(b) Second Offense ~ a fine of Three Thousand Pesos (P3,000.00)

(c) Third Offense - a fine of Five Thousand Pesos (P5,000.00) and
‘suspension of driver's license for three (3) months; and

(d) Fourth and succeeding Offenses — a fine of Five Thousand Pesos
(P5,000.00) but not more than Ten Thousand Pesos (P10,000.00) and
revocation of driver's license.

Provided, That the implementing agency may increase the amount of fine
herein imposed once every three (3) years in the amount not exceeding ten
percent (10%) of the existing rates sought to be increased.

The foregoing penatties shall be without prejudice to the other liabilities
under the Revised Penal Code or any Special Law, arising out or on occasion of
the herein prohibited acts.


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Sec. 9. Assistance by Other Agencies. - The Metro Manila Development
Authority (MMDA), the Philippine National Police (PNP) and other concerned
government agencies and instrumentalities shall render such assistance as
required by the implementing agency in order to effectively implement the
provisions of this Act.

Sec, 10. implementing Rules and Regulations. - The DOTC-LTO shall
promulgate the necessary implementing rules and regulations within sixty (60)
days from the effectivity of this Act.

Sec. 11. Separability Clause. — I, for any reason, any part or provision of
this Act is declared invalid, such declaration shall not affect the other provisions
of this Act.

Sec. 12. Repealing Clause. — All laws, executive orders, issuances, rules
of regulations or parts thereof inconsistent with the provisions of this Act are
hereby repealed, amended, or modified accordingly.

Sec. 13. Effectivity, - This Act shall take effect (15) days after its complete
publication in the Official Gazette or in at least two (2) newspapers of general
circulation.

Approved,


FACT SHEET
House BiliNo.__ 4974

(In Substitution of HB No. 318, HB No. 788, HB No. 986, HB No. 1277,
HB No. 1586, HB No. 2136, HB No. 3302 and HB No. 3445)
‘As Approved on September 29, 2010

AN ACT REGULATING THE USE OF HAND-HELD MOBILE
COMMUNICATION DEVICE WHILE DRIVING AND FOR OTHER
PURPOSES

Introduced by. REPS. SUSAN A. YAP, AURELIO D. GONZALES, JR., AUGUSTO
SYJUCO, JR., DIOSDADO M. ARROYO, GLORIA MACAPAGAL-ARROYO, IRWIN
TIENG, MICHAEL VELARDE, ROMEO M. ACOP, MA. THERESA B. BONOAN-DAVID
AND ROGER G MERCADO

Committee Referrat. TRANSPORTATION
Committee Chairperson: HON. ROGER G. MERCADO

OBJECTIVE:

® To regulate the use of mobile communications devices while driving a
motor vehicle and to provide penalties for violation thereof in order to
promote road safety.

KEY PROVISIONS:

®@ Defines the term mobile communications device and what constitutes the
act of using the same;

© Prohibits the drivers the use of mobile communications equipment white
driving a motor vehicle;

@ Exempts a driver of a motor vehicle who uses the mobile communications
device with the aid of hands-free devices allowing him to communicate
without having to hold the same as well a persons performing urgent.
emergency and official functions where such limitations will result to
greater injury or impair the performance thereof;

@ Requires the implementing agency, the Department of Transportation and
Communications (DOTC) - Land Transportation Office (LTO). in
coordination with the government agencies with related functions as weil
as the private sectors, to undertake a nationwide information, education


and communication campaign for a period of six (6} months from its
effectivity;

Provides pecuniary fines and penalties which include the suspension and
revocation of driver's license for violation of its provisions;

‘Allows the implementing agency to increase the fines in the amount not
exceeding 10% of the rates that it seeks fo increase;

Mandates the Metropolitan Manila Development Authority (MMDA), the
Philippine National Police (PNP) and other government agencies and
instrumentalities to render assistance to the implementing agency to carry
out its effective implementation;

Puts under its coverage wheeled agricultural machineries. construction
equipment and other forms of conveyances, regardless whether machine,
animal of human-powered as long as operated or driven in public
thoroughfares under circumstances where public safety is under
consideration; and

Requires the implementing agency to promulgate the necessary
impiementing rules and regulations within 60 days from its effectivity.


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

HOUSE OF REPRESENTATIVES

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

A road incidental report prepared by the Philippines Global Road Safety
Partnership (PGRSP) and the Philippine Natierrtl Police (PNP) showed that cell phone-
related accidents significantly jumped from 70 cases in 2008 to 491 in 2009. This
translates to an increase of 601 percent in road accidents involving motorists using
cellular phones while driving. The PGRSP-PNP report showed that the total number of
rond-related deaths reached 624 last year, including accidents involving motorists using
cellular phones while driving.

While cellular phones have become an integral part of both our business and
personal lives, the alarming figures on cell phone-related accidents transform this
technological gadget into a dangerous device. ‘The danger is not only to the lives
and limbs of the general driving public but also to the innocent pedestrians.

Since the necessity of using mobile phones does not prevail over the need to
ensure road safety this bill proposes to regulate the use of mobile phones while
driving through promoting hands free devices so that drivers may not be
distracted while driving. It promotes the responsible use of cellular phones while
driving and promotes driver awareness of the dangers of road traffic.

In view of the foregoing, passage of this bill is urgently requested.

SUSAN

Representative, 2" of Tarlac


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

HOUSE OF REPRESENTATIVES

House Bill No._ 318

Introduced by Representative Susan A. Yap

AN ACT

REGULATING THE USE OF MOBILE PHONE WHILE DRIVING,
PROVIDING PENALTIES IN VIOLATION THEREOF AND FOR
OTHER PURPOSES

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

Section 1. Declaration of Policy. - I 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:

8) 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. In addition to the standard voice function of a cellular phone, current mobile
phones may support many additional services and accessories, such as SMS for text
messaging, email, pachet switching for access to the internet, gaming, bluctooths,
infrared, camera with video recorder and MMS for sending and receiving photos and
videos.

b) Text Messages - Means the use of message sending by pressing the keypad of
the cellular phone in composing a message and sending it through the phone;

©) 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
modes of communication.

Sec. 3. Use of Cellular Phone While Driving. To carry out the above-
mentioned policy, the use of mobile phones for text messaging and/or for dial-up
communication shall be allowed while driving all types of vehicles: Provided, ‘That,
different hands-free accessories shall be connected therein.


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‘This section does not apply to a person using a wireless telephone for emergency
purposes, including but not limited to, an emergency call to a law

enforcement agency, health care provider, fire department, or other emergency services
agency or entity.

This section does not also apply to emergency services professional using a
wireless telephone while operating an authorized emergency vehicle, in the course and
scope of higher duties

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

(a) First Offence -fine of Three Thousand Pesos (P 3,000.00);
(b) Second Offense - fine of Five Thousand Pesos (P 5,000.00);
(Third and succeeding Offenses — a fine of not less than Five Thousand Pesos
(P 5,000.00) but not more than Ten Thousand Pesos (P 10,000.00) 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, tules 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 fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation,

Approved,


HIE TEENTIECONGRESS OF THE REPUBLIC)
OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES,

Wo 788

Introduced by Representative Aurelio “Dong™ D. Gonzales, Jr.

AN ACT REGULATING THE USE OF HAND: HELD CELLULAR PHONES
WHILE DRIVING AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Cellular phones and similar mobile communication devices have become an

almost indispensable part of Filipino It's use and importance in business,
communication, and entertainment eannot be denied.
However. operating the device in some instances and situations pose not only

nconvenience to other people but danger as well, One such situation is when people

ste these devices while driving their motor vehicles

\ study published in the New England Journal of Medicine found that
collision rates tor drivers using hand held cell phones were roughly the same as for
drivers who were legally drunk.

While some cities have enacted local ordinances prohibiting its use by drivers.
there is a need fo institute a similar measure on a nationwide scale to protect life, limb
and property

In view of the foregoing and in the interest of public safety. Immediate

passage of this measure is therefore requested

REP. AU D. GONZALES, JR.

mpanga


a

HIETEENTIECONGRE SS OF THE REPUBLIC)
OF THE. PHILIPPINES )
First Regular Session )

HOUSE OF REPRSENTATIVES,

“fiw 788

Introduced by Representative Aurelio “Dong” D. Gonzales, Jr.

AN ACT REGULATING THE USE OF HAND- HELD CELLULAR PHONES:
WHILE DRIVING AND FOR OTHER PURPOSES

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

SECTION 1, Title ~ This Act shall be known as the “Anti-Mobile
Communication Devices Use While Driving Act of 2010"

SECTION 2. Declaration of Policy. ~ It is hereby declared the policy of the
State 1 safeguard its citizenry from the ruinous and extremely injurious effects of
Vehicular accidents. Towards this end. it shall pursue a more proactive and preventive

proach t secure the safety of motorists, their passengers and pedestrians at all
1 the banning of of hand held cellular phones by motorists on

times throu

board a moving motor vehicle

SECTION 3. Definition of Termy. ~ As used in this act. the term
(a.) “Mobile Communications Devices” shall refer to electronic
communication equipment. such as, but not limited to

cellular/smart phones, Personal Digital Assistants (PDAs).
cordless telephone, two-way radio transceivers, handsets, walkie
talkie, pager and beepers, capable of transmitting, receiving or
both of voice and data communication through wireless.
Bluetooth, infrared or other similar electronic means;

(b.) “Using a mobile communication device” shall refer to the act of
making a call, receiving a call or the act of composing. sending or
viewing of text and multi-media messages, and photo and video
recording, including the act of using the Internet and other similar
functions with the use of mobile communication devices as herein
defined:

(c.) “motorist”

hall refer to a person driving a: motor vehicle:

id) “motor vehicle” shall refer engine-driven vehicles such as, but not
limited to, automobiles. trucks. vans. buses, jeeps, motorcycles and
tricyeles:

te) “private motor vehicle” shall refer to any of the following:

1.) Any motor vehicle owned by individuals and juridical persons for
private use:



) Any motor vehicle owned by the National Government or any of
its auencies. instrumentalities or political subdivisions, including
vernment owned or controlled corporations or their subsidiaries

for official use: and
3.) Any diplomatic vehicle

! public motor vehicle” shall refer to public utility vehicle or
\chicle for hire

i Implementing Agency” shall refer to the Department of
Jransportation and Communications (DOTC) = Land
Transportation Office (LTO)

SECTION 4. Ban on the Use of Mobile Communication Devices: While
Drivings. Lo ensure public safety. it shall be unlawful for any person to use
& mobile communication device while driving a private or public motor

vehicle

SECTION 5, Exempriosn, ~ The ban shall not be imposed if the motorist
concemed uses a mobile communication device with the aid of a hands-free
device or speaker phone or other similar device which allows a person to make
and receive galls without haying to hold the mobile communication device.
The provisions of this Act shall not apply to persons performing emergency
and official functions where such limitations will result to greater injury or
impair the pe

formance thereof

SECTION 6 Nationwide Public Information Campaign, ~The DOTC andor
110, in coordination with the Philippine Information Ageney (PIA).
Department of Education (DepEd). the Philippine National Police and private
avencies and organizations. shall undertake a nationwide Information,
I:dueation and Communication (FC) campaign for a period of six (6) months
ivity of this Act

fiom the etfes

SECTION 7. Penalty ~ Any person who shall violate any provision of thi

Act shall be punishable by: In the enforcement of this Act, the LTO shall

impose the corresponding fines and penalties. which shall be based on the

following

1, First offense ~ a fine of One Thousand Pesos (P 1,000.00):

2. Second offense - a fine of Three Thousand Pesos (P 3.00.00);

3. Third Offense ~ a fine of Five Thousand Pesos (P $,000.00) and
suspension of driver's license for three (3) months;

4. Fourth and succeeding offenses - a fine of Five Thousand Pesos (P

000.00) up to Ten Thousand Pesos (P 10,000.00) and revocation of

driver's license.

Provided. that the implementing agency may inerease the amount of
fine herein imposed once every three (3) years in the amount not exceeding
ten percent (10%) of the existing rates sought to be increased

SECTION 8 Assitance Ay Other Agencies. ~ The Metro” Manila
Development Authority (MMDA), PNP and other concerned government


agencies and instrumentalities shall
implementing agency in order to effectiv
Act

ender such assistance as required by the
y implement the provisions of this

SECTION 9, Miscellaneous Provisions. ~ Wheeled agricultural machiner
such as tractors and construction equipment such as graders, rollers, backhoes.
puyloaders, eranes, bulldozers, mobile concrete mixers and the likes, other
forms of conveyances such as bicycles, pedicabs, habal-habla, trolley, kulighig.
. sledves. chariots or the likes, whether animal or
human-powered, are covered by the provisions of this Act as long as the same
aire operated or driven in public thoroughfares, highway’ or streets or under
circumstances where public safety is under consideration

wagos. carriages.

SECTION 10. /mplementing Rules and Regulations. — The DOTC-LTO shall
promulgate the necessary Implementing Rules and Regulations within 60 days
from the effectivity of this Act

SECTION 11, Separability Clause. ~ If any provision, or part of hereo!
held invalid or unconstitutional , the remainder of the law or provision not
otherwise afliceted shall remain valid and subsisting,

SECTION 12. Repealing Clause. ~ All laws, decrees. orders. rules and
gulations. or any part thereof. which are inconsistent herewith are hereby
caled, amended or modified accordin

SLCHON 13. Epfectivity. ~ ‘This Act shall wke effect fifteen (15) days after
its publication in at least two (2) n rs of general circulation in
the Philippines.

ional newsp

Approved


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS

First Regular Session

Rg
House Bill No._~ 86

Introduced by REP. AUGUSTO BOBOY SYJUCO.

EXPLANATORY NOTE

The cellular phone has become an indispensable part of our lives. Though
it continues to be a symbol of one’s position in society, its importance has spread
in the lower strata of our social structure. That it has gained prominence in the
Filipinos’ lives is mirrored in our being dubbed as the “Text Capital of the World”.

With the beneficial effects of cellular phones though come the concomitant
problems associated with its use, particularly with regard to safety concerns
Connected with its use by motorists while on board moving motor vehicles. Not a
few have voiced their concern about the accidents that they may befall one using
this gadget while driving a vehicle. This concern resulted in the enactment by
some cities of ordinances prohibiting the said practice.

The concer is well placed. This practice poses risks to the life and limb
not only of the motorists but also of pedestrians or innocent by — standers who
happen to be at wrong place at the wrong time. Hence, there is a need for a
nationwide effort to ban this altogether.

In view of the above, approval of this proposed measure is earnestly
of’

sought
a

v
AUGUSTO BOBOY SYJUCO
2" District, Province of lloilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

FIFTEENTH CONGRESS

First Regular Session

; 938
House BillNo__238

Introduced by REP. AUGUSTO BOBOY SYJUCO

AN ACT
REGULATING THE USE OF HANDHELD CELLULAR PHONES BY
MOTORISTS

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

SECTION 1. Title. - This Act shall be known and cited as the “The
Cellular Safety Act”.

SEC. 2. Declaration of Policy. ~ It is declared the policy of the State to
promote the safety of its citizens from the injurious effects of vehicular accidents
caused by the use of handheld cellular phones by motorists while on board a
moving motor vehicle.

SEC. 3. Defir
shall mean:

n of Terms. — For purposes of this Act, the following terms

a

Handheld cellular phone — refers to a cellular phone without the aid of
a hands — free device or a contraption of similar nature;

b

Use of handheld cellular phone — refers to the act of calling, receiving a
call or the sending and receiving of text and/or picture messages;

c)

Motorist — refers to the driver of the motor vehicle;

d

Moving motor vehicle — refers to both private and public motor vehicle
with the engine running and operating on any road, thoroughfare or
street;

e)

Private moior vehicle — refers to the following;

1. Any motor vehicle owned by individuals and juridical persons for
private and official use;

2. Any motor vehicle owned by the National Government or any of its
agencies, instrumentalities or political subdivisions, including
government — owned — or controlled corporations or their
subsidiaries; and,

3. Any diplomatic vehicle.


f} Public motor vehicle — refers to public utility vehicle or vehicle for hire.

SECTION 4. Ban on the Use of Handheld Cellular Phones. — No motorist
on board a moving motor vehicle may use a handheld cellular phone.

SECTION 5. Exemption. — A motorist who uses a hands-free or speaker
phone device or other similar contraptions which allow a person to make and/or
receive calls without having to hold the cellular phone shall not be covered by
this ban.

SECTION 6. Implementation. - The Land Transportation Office (LTO) is
the lead agency in the implementation of this Act. It shall, with the assistance of
the National Telecommunications Commission and other concerned agencies,
promulgate the necessary implementing Rules and Regulations of this Act.

SECTION 7. Fines and Penalties. — In the enforcement of this Act, the
following fines and penalties shall be imposed:

a) First Violation — a minimum fine of One Hundred Pesos (P100.00) but
no to exceed One Thousand Pesos (P1,000.00);

b) Second Violation — a minimum fine of Two Hundred Pesos (P200.00)
but not to exceed Two Thousand Pesos (P2,000.00); and,

¢) Third and succeeding violations — a minimum fine of Five Hundred
Pesos (P500.00) but not to exceed Five Thousand Pesos (P5,000,00)
and suspension of driver's license for three (3) months.

SECTION 8. Nationwide Public Information Campaign. - The LTO, in
coordination with the Philippine Information Agency (PIA), Department of
Education, Culture and Sports (DECS) and private agencies and organizations
shall undertake a regular nationwide information campaign for the attainment of
the objectives of this Act.

SECTION 9. Separability Clause. — If any provision of this Act is held
invalid or unconstitutional, the remainder shall remain valid and subsisting.

SECTION 10. Repealing Clause. — All laws, decrees, orders, rules and
regulations which are inconsistent with the provisions of this Act are hereby
repealed or amended accordingly.

SECTION 11. Effectivity. - This Act shall take effect upon its approval.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS:

First Regular Session

5 oy
House Bill No__ 127?

Introduced by REP. AUGUSTO BOBOY SYJUCO

EXPLANATORY NOTE

The cellular phone has become an indispensable part of our lives. Though
it continues to be a symbol of one’s position in society, its importance has spread
in the lower strata of our social structure. That it has gained prominence in the
Filipinos’ lives is mirrored in our being dubbed as the “Text Capital of the World’.

With the beneficial effects of cellular phones though come the concomitant
problems associated with its use, particularly with regard to safety concerns
connected with its use by motorists while on board moving motor vehicles. Not a
few have voiced their concern about the accidents that they may befall one using
this gadget while driving a vehicle. This concern resulted in the enactment by
some cities of ordinances prohibiting the said practice.

The concern is well placed. This practice poses risks to the life and limb
not only of the motorists but also of pedestrians or innocent by — standers who
happen to be at wrong place at the wrong time. Hence, there is a need for a
nationwide effort to ban this altogether.

In view of the above, approval of this proposed measure is earnestly
sought.

AUGUSTO BOBOY SYJUCO
2" District, Province of lloilo


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

or?
House Bill No. 12"

Introduced by REP. AUGUSTO BOBOY SYJUCO

AN ACT

REGULATING THE USE OF HANDHELD CELLULAR PHONES BY

MOTORISTS

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

SECTION 1. Title. — This Act shall be known and cited as the “The
Cellular Safety Act”.

SEC. 2. Declaration of Policy. — \t is declared the policy of the State to
promote the safety of its citizens from the injurious effects of vehicular accidents
caused by the use of handheld cellular phones by motorists while on board a
moving motor vehicle.

SEC. 3. Definition of Terms. — For purposes of this Act, the following terms
shall mean:

a)

Ss

)

d)

e)

Handheld cellular phone — refers to a cellular phone without the aid of
a hands — free device or a contraption of similar nature;

Use of handheld cellular phone — refers to the act of calling, receiving a
call or the sending and receiving of text and/or picture messages;

Motorist — refers to the driver of the motor vehicle;

Moving motor vehicle — refers to both private and public motor vehicle
with the engine running and operating on any road, thoroughfare or
street;

Private motor vehicle — refers to the following;

1. Any motor vehicle owned by individuals and juridical persons for
private and official use;

2. Any motor vehicle owned by the National Government or any of its
agencies, instrumentalities or political subdivisions, including
government — owned — or controlled corporations or their
subsidiaries; and,

3. Any diplomatic vehicle.



f) Public motor vehicle — refers to public utility vehicle or vehicle for hire.

SECTION 4. Ban on the Use of Handheld Cellular Phones. — No motorist
on board a moving motor vehicle may use a handheld cellular phone.

SECTION 5. Exemption. — A motorist who uses a hands-free or speaker
phone device or other similar contraptions which allow a person to make and/or
receive calls without having to hold the cellular phone shall not be covered by
this ban,

SECTION 6. Implementation. — The Land Transportation Office (LTO) is
the lead agency in the implementation of this Act. It shall, with the assistance of
the National Telecommunications Commission and other concerned agencies,
promulgate the necessary implementing Rules and Regulations of this Act.

SECTION 7. Fines and Penalties. — In the enforcement of this Act, the
following fines and penalties shall be imposed:

a) First Violation — a minimum fine of One Hundred Pesos (P100.00) but
no to exceed One Thousand Pesos (P1,000.00);

b) Second Violation — a minimum fine of Two Hundred Pesos (P200.00)
but not to exceed Two Thousand Pesos (P2,000.00); and,

c) Third and succeeding violations —- a minimum fine of Five Hundred
Pesos (P500.00) but not to exceed Five Thousand Pesos (P5,000.00)
and suspension of driver's license for three (3) months.

SECTION 8. Nationwide Public Information Campaign. — The LTO, in
coordination with the Philippine Information Agency (PIA), Department of
Education, Culture and Sports (DECS) and private agencies and organizations
shall undertake a regular nationwide information campaign for the attainment of
the objectives of this Act.

SECTION 9. Separability Clause. — If any provision of this Act is held
invalid or unconstitutional, the remainder shall remain valid and subsisting.

SECTION 10. Repealing Clause. — All laws, decrees, orders, rules and
regulations which are inconsistent with the provisions of this Act are hereby
repealed or amended accordingly.

SECTION 11. Effectivity. - This Act shall take effect upon its approval.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS.
First Regular Session

1586

House Bill No.

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
REGULATING THE USE OF HAND-HELD MOBILE COMMUNICATION
DEVICE WHILE DRIVING AND FOR OTHER PURPOSES

EXPLANATORY NOTE

Mobile communication devices have now become a necessity for
everybody. These include a wide array of devices from cellular phones, i-
phones, wireless telephones, two-way radio transceivers, walkie-talkie, pagers
and beepers, and others capable of transmitting, receiving or both encrypted
data and/or signals through wireless, electronic or any other similar means. In
the Philippines, one dominant mobile communication device used by all ages and
economic classes is the cellular phone. These phones are considered a
necessity given the limitless advantages it gives its owners. Voice calls and the
use of text messaging, or the short message service (SMS), which is a common
feature of modern mobile phones, are only among the leading reasons why
people in the country coming from all walks of life have their own mobile phones.
Time and again, we have been cited in various international and local high-tech
gadgets magazines as the texting capital of the world given our fascination with
this kind of mobile technology.

But the use of such technology, despite the many conveniences and
advantages it gives us, does not supersede the more important need of ensuring
toad safety. Reports have proven that the irresponsible use of mobile
communication devices while driving causes distraction among drivers and have
led to accidents and the unnecessary loss of lives.


This proposed measure seeks to address such a pressing concern by
regulating the use of such devices while driving by promoting hands-free devices
to avoid distracting drivers while on the road.

In view of the following reasons, the immediate passage of this bill is
eamestly requested.

a - >)
DIOSDADO ALG ARROYO wfc adiciior

Second District, Camarines Sur econd District, Pamipanga


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No,__ 1586

Introduced by Representatives
DIOSDADO MACAPAGAL ARROYO and GLORIA MACAPAGAL ARROYO

AN ACT
REGULATING THE USE OF HAND-HELD MOBILE COMMUNICATION
DEVICE WHILE DRIVING AND FOR OTHER PURPOSES

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 “Anti-Mobile
Communication Devices Use While Driving Act of 2010."

SECTION 2. Declaration of Policy. - It is hereby declared the policy of the
State to safeguard its citizenry from the ruinous and extremely injurious effects of
vehicular accidents. Towards this end, it shall pursue a more proactive and
preventive approach to secure the safety of motorists, their passengers and
pedestrians at all times by banning the use of mobile communication devices by
motorists while driving or operating a moving motor vehicle.

SECTION 3. Definition of Terms. - As used in this Act, the term:

a) Mobile communication devices shall refer to electronic
communication equipment such as, but not limited to, cellular
phones, i-phones, wireless telephones, two-way radio transceivers,
walkie-talkie, pagers and beepers, capable of transmitting,
receiving or both encrypted data and/or signals through wireless,
electronic or any other similar means;


») Using a mobile communication device shall refer to the act of
making a call, receiving a call or the act of composing, sending or
viewing of text and multi-media messages, including the act of
doing internet and other similar functions;

¢) Motorist shall refer to a person driving a motor vehicle;

d) Motor vehicle shall refer to engine-driven vehicles such as, but
not limited to, automobiles, trucks, vans, buses, jeeps, motorcycles
and tricycles;

e) Private motor vehicle shall refer to any motor vehicle owned by
individuals and juridical persons for private use;

f) Government motor vehicle shall refer to any motor vehicle
owned by the national goverment or any of its agencies,
instrumentalities or political subdivisions, including government-
owned or -controlled corporations or their subsidiaries for official
use;

g) Diplomatic motor vehicle shall refer to any motor vehicle used
by a diplomat working in an embassy;

h) Public motor vehicle shall refer to a motor vehicle issued by the
Land Transportation Franchising and Regulatory Board (LTFRB) to
operate as a public utility vehicle or any vehicle for hire; and

i) Implementing agency shall refer to the Department of
Transportation and Communications (DOTC) — Land Transportation
Office (LTO).

SECTION 4. Ban on the Use of Mobile Communication Devices while
Driving. — To ensure public safety, it shall be unlawful for any person to use
hand-held mobile communication device while driving a private or public motor
vehicle.

SECTION 5. Exemptions. — The ban shall not be imposed if the motorist
concerned uses a mobile communication device with the aid of a hands-free
device or speaker phone or other similar device which allows a person to make
and receive calls without having to hold the mobile communication device. The
provisions of this Act shall not apply to persons performing urgent, emergency
and official functions where such limitations will result to greater injury or impair
the performance thereof.

SECTION 6. Nationwide Public Information Campaign. - The DOTC-LTO,
in coordination with the Philippine Information Agency (PIA), the Department of


Education (DepED), the Department of Interior and Local Government (DILG)-
Philippine National Police (PNP) and private agencies and organizations, shall
undertake a nationwide information, education and communication (IEC)
campaign for a period of six (6) months from the effectivity of this Act.

SECTION 7. Penalties. — Any person who shall violate any provision of
this Act shall be punishable by:

(a) First Offense — a fine of One Thousand Pesos (P1,000.00)
(b) Second Offense — a fine of Three Thousand Pesos (P3,000.00)

(c) Third Offense — a fine of Five Thousand Pesos (P5,000.00) and
suspension of driver's license for three (3) months; and

(d) Fourth and succeeding Offenses — a fine of Five Thousand
Pesos (P5,000.00) but not more than Ten Thousand Pesos
(P10,000.00) and revocation of driver's license.

Provided, That the implementing agency may increase the amount of fine
herein imposed once every three (3) years in the amount not exceeding ten
percent (10%) of the existing rates sought to be increased.

SECTION 8. Assistance by Other Agencies. - The Metro Manila
Development Authority (MMDA), the Philippine National Police (PNP) and other
concerned government agencies and instrumentalities shall render such
assistance as required by the implementing agency in order to effectively
implement the provisions of this Act.

SECTION 9. Miscellaneous Provisions. — Wheeled agricultural
machineries such as tractors and construction equipment such as graders,
rollers, backhoes, payloaders, cranes, bulldozers, mobile concrete mixers and
the like, and other forms of conveyances such as bicycles, pedicabs, habal-
habal, trolleys, kuliglig, wagons, carriages, carts, sledges, chariots or the like,
whether animal or human-powered, are covered by the provisions of this Act as
long as the same are operated or driven in public thoroughfares, highways or
streets or under circumstances where public safety is under consideration

SECTION 10. Implementing Rules and Regulations. - The DOTC-LTO
shall promulgate the necessary implementing rules and regulations within sixty
(60) days from the effectivity of this Act.

SECTION 11. Separability Clause. — If, for any reason, any part or
provision of this Act is declared invalid, such declaration shall not affect the other
provisions of this Act.


SECTION 6. Repealing Clause. — All laws, executive orders, issuances,

ules or regulations or parts thereof inconsistent with the provisions of this Act
are hereby repealed, amended, or modified accordingly.

SECTION 7. Effectivity. - This Act shall take effect (15) days after its

complete publication in the Official Gazette or in at least two (2) newspapers of
general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 2186

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

EXPLANATORY NOTE

The 1987 Constitution of the Philippines, Article Il, Section 5 provides that
“The maintenance of peace and order, the protection of life, liberty, and property,
and promotion of the general welfare are essential for the enjoyment by the
people of the blessings of democracy”. Further, the Civil Code of the Philippines
states that “Every person who, contrary to law, willfully or negligently, causes
damage to another, shall indemnify the latter for the same”.

Life is so sacred that every individual should value. However, due to
accidents or negligence, many lives are sacrificed or destroyed. For instance,
road accidents happen almost everyday which result to the death or serious
injuries of the victims.

Records from the Metro Manila Development Authority (MMDA)
Metropolitan Road Safety Unit show, for the first half of 2007, 30,001 vehicular
accidents occurred in Metro Manila streets. These accidents claimed the lives of
172 people and injured 5,412 others. This means that around 166 road accidents
take place in the metropolis every day. A car, bus, truck or jeep kills one person
almost every day and maims around 30. In 2006, it recorded more than 60,000
road accidents.

This 2010, there were 20,151. road accidents recorded for the period
January to May, showing an 18 percent decrease from the 24;417 road accidents
in the same period last year. According to Metro Manila Accident Reporting and
Analysis System (MMARAS), the most common cause of vehicular accidents is
human error which involves overspeeding, inattentiveness, overtaking, and
disregard for traffic signs and rules.

Studies, mostly foreign, have suggested that cellphones cause accident
that kill thousands of people every year and create traffic jams. A related study
revealed that cellphone owners admit to sometimes not driving as safely as they
should while using those communication gadgets.

Increased reliance on mobile phones has led to rise in the number of
people who use the devices while driving. There are two dangers associated with
driving and cellphone use. One, drivers must take their eyes off the road while
composing, sending and receiving text messages. Two, people can become so
absorbed in their texting that their ability to concentrate on the act of driving is
severely impaired, jeopardizing the safety of vehicle occupants and pedestrians.


Motorists who use cellphones while driving are four times as likely to get
into crashes serious enough to injure themselves, the passengers and the
pedestrians as well. Using celiphone while driving is analogous to driving when
drunk.

Countries reported to have laws related to cellphone use Australia, Austria,
Belgium, Brazil, Bostwana, Chile, the Czech Republic, Denmark, Egypt, France,
Germany, Greece, Hungary, India, Ireland, Israel, Italy, Japan, Jordan, Kenya,
Malaysia, the Netherlands, Norway, Poland, Portugal, Romania, Russia,
Singapore, the Slovak Republic, Slovenia, South Africa, South Korea, Spain,
Sweden, Switzerland 2 enistan, the United Kingdom and
Zimbabwe. Most countries prohibit the use of hand-held phones while driving.

In the Philippines, except for few cities, like Quezon City and Makati,
which have ordinances banning cellphone use while driving, there is no law yet to
this effect.

Thus, in view of the urgency of this measure, passage of this Bill, which
aims to penalize the use of cellphones, particularly texting while driving, is
eamestly sought.

—-—T 7

Y.QD)
IRWIN C. TIENG MARIANO MICHAEL M. VELARDE


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

FIFTEENTH CONGRESS:
First Regular Session

HOUSE BILLNO. 2136

Introduced by HON. IRWIN C. TIENG
and HON. MARIANO MICHAEL M. VELARDE

AN ACT
. TO PROHIBIT AND PENALIZE READING, COMPOSING AND SENDING
ELECTRONIC MESSAGES WHILE DRIVING, AND FOR OTHER PURPOSES

BE IT ENACTED by the Senate and the House of Representatives of the
Philippines in Congress assembled.

SECTION 1. Short Title. This Act shall be known as the “Anti-Texting
While Driving Act of 2010”.

SECTION 2. It shail be unlawful for any person to use cell phones,
particularly for text messaging, while driving.

By text messaging, it shall mean “reading, composing, and sending
electronic messages”.

SECTION 3. Any person who shall violate any provision of this Act shall
suffer the following penalties, to wit:

a. _ FIRST OFFENSE: suspension of driver's license for thirty (30) days
and a fine of three thousand pesos (P 3,000.00);

b. | SECOND OFFENSE: suspension of driver's license for sixty (60)
days and a fine of five thousand pesos (P 5,000.00)

c. THIRD OFFENSE: suspension of driver's license for ninety (90)
days and a fine of ten thousand pesos(P10,000.00); and

d. FOURTH OFFENSE: revocation of driver's license and a fine of
twenty thousand pesos (P20,000.00)

The foregoing penalties shall be without prejudice to the other lial
under the Revised Penal Code or any Special Laws the offending driver commits.

S

SECTION 4. Implementing Rules and Regulations. — The Philippine
National Police (PNP), in coordination with other concemed government agencies
and instrumentalities it may deem essential, within’ sixty (60) days from the
effectivity of this Act, formulate and develop the implementing rules and
regulations for the proper execution of the provisions of the law.


SECTION 5. Any laws, decrees, ordinances or rules and regulations
which are inconsistent with or contrary to the provisions of this Act is hereby

amended or repealed.

SECTION 6. This Act shall take effect fifteen (15) days after its complete
publication in at least two (2) national newspapers of general circulation.

Approved,


Republic of the Philippines
House of Representatives

Constitution Bills, Quezon City

Fifteenth Congress

First Regular Session

3302
Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

“Multi-tasking behind the wheel.’ — a situation where the driver or operator of a
motor vehicle is simultaneously doing another thing or act while in operation of the
vehicle. A dangerous predicament not only to the driver and his passengers but to the
general public who may be riding in other vehicles or simply walking along the road if
the errant driver loses control of the vehicle as a result of the distraction.

Also often called “distracted driving’, using a cell phone or other electronic device
while driving, particularly the sending (texting) and reading of messages in the cell
phone through SMS (Short Message Service), effectively removes the visual focus of
the driver from the road and diminishes his degree of concentration on the safety of his
driving. Studies have shown that this distraction caused by the use of a cell phone while
driving poses a greater danger of an accident occurring as triggered by it than that of
alcohol inducement. In fact, researchers at Harvard University have estimated that
drivers using cell phones cause 2,800 fatal crashes a year and another 570,000
accidents which resulted in injuries in the United States alone. Seven states have
banned the use of hand held cell phones while driving and another 19 states have
banned texting for all drivers" Unfortunately, while the Phillippines is reputed as the
“texting capital of the world’, no studies have been conducted, neither serious attention
been given to address the problem. Certainly, no prior study is required to justify the
regulation of distracted driving as the potential dangers it poses are too obvious even to
a simple mind.



Considering that telecommunications company are presently offering the market
more sophisticated gadgetry unimaginable a few years back altering our perceptions of
reality and significantly modifying our behaviors such as driving ways and habits, a
combination of legislations with penalties and educational campaigns are now needed
to reduce the incidence of distracted driving and its terrible consequences to life and
property.

For these reasons, the immediate passage of this bill is earnestly sought.

PGBS DIY GEE FRY ZED, Co REE


Republic of the Philippines
Bouse of Representatives

Constitution Hills, Queson City

Fifteenth Congress
First Regular Session

House Bill No. 3.302

Introduced by HON. ROMEO M. ACOP.

AN ACT
PROHIBITING THE ACT OF SENDING OR READING MESSAGES OR TEXTING
THROUGH THE SMS (SHORT MESSAGE SERVICE) USING THE CELLULAR
PHONE OR SIMILAR DEVICES WHILE DRIVING A MOTOR VEHICLE AND.
PROVIDING PENALTIES THEREFOR

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

SECTION 1. Declaration of Policy - It is the policy of the State to protect the commuting
public, by means of mass and private transportation, the pedestrians, and the general public
Who utilize the roads and highways, from the risks arising out of certain acts committed by
drivers or persons while in operation of motor vehicles which result to accidents and casualties
to life and property.

Modern technology has produced portable and wireless equipment and tools which
provide greater mobility and convenience in communication, particularly in the sending of
written messages electronically. The ease brought by technology in conducting communication
activities has encouraged people in engaging in so-called “multi-tasking behind the wheel’, that
a person driving a motor vehicle does communicate simultaneously with the use of equipment
such as a cellular phone. This manner of distracted driving poses great risks to the safety of the
general public.

While the State recognizes the right of the people to communication and to take
advantage of the benefits of modern technology, the State also weighs in the balance its duty to


promote the safety of the public from the acts of persons which have become inimical in the
exercise and enjoyment of these rights and to regulate such acts.

SECTION 2. Prohibited Acts - It shall be unlawful for any person, while in the act of driving
or operating a motor vehicle, to send or read a message or ‘text’ through the Short Message
Service (SMS) of a cellular phone or similar devices for the same purpose, and similar use of
such devices which effectively remove the visual focus of the driver or operator of the motor
vehicle from the road and/or his attention to the safe operation of the vehicle used; Provided,
that if the commission of the act herein proscribed resulted to the commission of other offenses
penalized by law, it shall be considered as a distinct and separate offense.

SECTION 3. Penalties - The following penalties shall be imposed upon any person who
violates the provision of this Act :

a) Imprisonment of one (1) year; and,
b) A fine of Ten (10) Thousand Pesos.

SECTION 4. Implementing Rules and Regulations - The Department of Transportation
and Communication, in coordination with the Philippine National Police, shall, within sixty (60)
days from the effectivity of this Act, issue the pertinent Rules and Regulations for the effective
implementation of this Act.

SECTION 5. Effectivity - This Act shall take effect after the lapse of fifteen (15) days from
the date of its publication in two (2) newspapers of general circulation.

Approved.


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.


Republic of the Philippines
HOUSE OF REPRESENTATIVES
‘Quezon City

COMMITTEE ON TRANSPORTATION

MINUTES OF THE MEETING OF THE COMMITTEE ON TRANSPORTATION HELD
ON JANUARY 26, 2011, AT CONFERENCE ROOMS 7 & 8, MITRA BUILDING,
HOUSE OF REPRESENTATIVES, QUEZON CITY

RESOURCE PERSONS PRESENT:

PrSupt. Jeronimo Cabra
PS/Supt. Ansetmo Pinili
PS/insp. Amado Gazmin
Engr. Froilan Jamias

Mr. Eliseo Salvador

Dir. Dennis Singzon

Atty. Rosario Elena Cuevas
Asst. Dir. Mariano Gambit
Ms, Ma. Corazon Japson
Mr. Alberto Suansing

Mr. Emerson Carlos

Dep. Opns. Officer, Highway Patrol Group
Philippine National Police

Legal Service, PNP

Natonai Telecommunications Commission
Philippine information Agency

Land Transportation Office

Senior State Counsel, Department of Justice
Department of Interior and Local Govemiment
Development Officer, DOTC

Consultant, DOTC

Asst. Gen. Mngr., MMDA

Ms, Grace Clavecilla Smart
Mr. Anthony Fernandez ‘Smart
Mr. Derek Lim - Globe

L CALL TO ORDER

The meeting of the Committee on Transportation was called to order at around 9:45 am,
with Chairman Roger G. Mercado, presiding

ub ROLL CALL! APPROVAL OF MINUTES OF PREVIOUS MEETING

On the motion of the Rep. Matugas, the calling of the roli was dispensed with. On his
subsequent motion, the reading of the minutes of the previous meeting as well as its
approval was carried.

IN. | ACKNOWLEDGEMENT OF GUESTS/RESOURCE PERSONS:

Before proceeding into the subject matter of the meeting. the Chair acknowledged the
presence of the honorable members. Thereafter, the Chair directed the Committee
Secretary to acknowledge the resource persons present.


MEETING PROPER

, MEASURES REGULATING THE USE OF CELLULAR/MOBILE PHONES

WHILE DRIVING:

The eight (8) measures before the Committee, HB No. 318; HB No. 788; HB No.
986: HB No. 1277; HB No. 1586; HB No. 2136, HB No 3302; and HB No. 3445.
call for the regulation of the use of mobile or cellular phones while driving a
motor vehicle, In his preliminary remark, the Chair told the body the urgent need
of having a measure that will regulate the use of mobile phones while driving
motor vehicle in order to reduce the alarming number of traffic accidents.

SPONSORSHIP SPEECHES OF THE AUTHORS

All the authors share a common stand as to the danger thal a person poses
when texting while driving a motor vehicle.

Hon. Gloria Macapagal-Arroyo, author of HB No. 1586, when recognized, told the
body that the same measure was approved on third reading during the previous
Congress. She added that the measure, if enacted into jaw, will help address
destructive driving which, she said, is considered the next biggest cause of road
accidents. Before terminating her manifestation, she elaborated and emphasized
the other provisions of her bill particularly the public information campaign
provision and the penal clause

The author of HB No. 788, Hon. Aurelio Gonzales, stressed the need of passing
the measure citing that many countries have banned the use of cellular phone
while driving while in some countries, the same may be allowed provided that the
driver makes use of hands-free devices.

When given the floor, Hon. Acop, author of HB No. 3302, informed the body that
according to study, persons who use a mobile phone while driving are four times
more likely to crash compare to those who are not using the device while driving.
Before that, he told the body to consider his explanatory note in his bill as his
sponsorship speech.

Hon. Tieng, author of HB No. 2136, reiterated that the same measure was
already approved during the previous Congress. He said that he is amenable to
the consolidation of the measures.

POSITION OF THE RESOURCES PERSONS

The measure received unanimous support of the resources persons present,
from both the government and the private sectors.

The representatives of Globe and Smart expressed their support for the passage
of the measure saying that the same will help the prevention of traffic accidents.


The representatives of the Philippine National Police (PNP), Land Transportation
Office (LTO), Department of Transportation and Communications (DOTC),
Department of Interior and Local Government (DILG) and Metropolitan Manila
Development Authority (MMDA), when recognized, also expressed their full
support of the passage of the measure.

On the part of the representative from the Philippine Information Agency (PIA)
who also welcomed the proposal, the agency will help in implementing the
provision of the measure relating to public information campaign. The DOJ
fepresentative, meanwhile, told the body that she finds the bill in order and
without Constitutional infirmity.

ACTION OF THE COMMITTEE

On the recommendation of the Chair, Hon. Tieng moved for the adoption of HB
No. 1586 as the reference bill for the Committee to come up with a substitute bill
through the technical working group (TWG) and upon the assurance that the
provisions in the other bills which are not found in the reference bill be
incorporated in the substitute bill. The motion was approved after being duly
seconded by Hon. Matugas.

. OTHER MATTERS
Driving Under the Influence Act (DUIA) bill

In another development, Hon. Gloria Macapagal-Arroyo moved that the provision
in the substitute DUIA bill allowing the LTO to retain the fines collected be
deleted in order that the same may be reported out immediately by the
Committee on Transportation without the need of soliciting the approval and
comments of the Committee on Appropriations.

There being no objections, the motion was approved and the Chairman
instructed the Secretariat to retrieve the DUIA bill from the Committee on
Appropriations and take the necessary actions.

Rep. Salvacion's Concern

Rep. Salvacion made a follow up of his request for the documents pertaining to
the records of the number registered motor vehicles in Region 8 which he
requested during the consultative meeting in Ormoc, Leyte. He said that he
needs the documents as reference particularly on the problem of colurum
operations in the region. Responding to the request, Dir. Singzon of the LTO and
former Assistant Secretary Alberto Suansing assured him to provide the
requested documents.


Vv. ADJOURNMENT
Theseutinana.ather matters to be discussed, the meeting was adjourned by at

Prepared by:

sl

Committee Secretary

ROGER G. MERCADO
Chairman, Committee on Transportation