Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
Second Regular Session

COMMITTEE REPORT NO._2.280 _

Submitted by the Committee on Information and Communications Technology on

O JUL 2012
Re © House Bill No, 6420
Recommending its approval in substitution of House Bill Nos. 2380, 2799, 2851 and 4060

Sponsor : — Representative Sigftido R. Tifiga

Mr. Speaker:

The Committee on Information and Communications Technology to which were
referred House Bill No. 2380 introduced by Rep. Emmanuel D. Pacquiao, entitled:

“AN ACT
TO PROHIBIT CELLPHONE NETWORK COMPANIES FROM SENDING
UNSOLICITED MATERIAL TO THEIR SUBSCRIBERS VIA TEXT OR SHORT
MESSAGE SERVICE (SMS)”,

House Bill No. 2799 introduced by Reps. Rufus B. Rodriguez and Maximo B. Rodriguez, Jr.,
entitled:

“AN ACT
PROHIBITING THE SENDING OF HOAX, JUNK AND SCAM TEXT MESSAGES,
PENALIZING THE SENDERS AND FOR OTHER PURPOSES”

House Bill No. 2851 introduced by Rep. Joseph Victor G. Ejercito, entitled:

“AN ACT
PROHIBITING CELLPHONE NETWORK COMPANIES FROM SENDING
UNSOLICITED MATERIALS TO THEIR SUBSCRIBERS VIA TEXT OR SHORT
MESSAGE SERVICE (SMS)”


and House Bill No. 4060 introduced by Rep. Roman T. Romulo, entitled:

“AN ACT
PROVIDING FOR THE ESTABLISHMENT OF THE NO CALLS AND NO TEXT
REGISTRATION SYSTEM”

CAa
has considered the same and recommends that the attached House Bill No. 6420 5
entitled:

“AN ACT
PROVIDING FOR THE ESTABLISHMENT OF THE NO CALLS AND NO TEXT
REGISTRATION SYSTEM AND FOR OTHER PURPOSES”

be approved in substitution of House Bill Nos. 2380, 2799, 2851 and 4060 with
Representatives Roman T. Romulo, Emmanuel D. Pacquiao, Rufus B. Rodriguez, Maximo B.
Rodriguez, Jr. and Joseph Victor G. Ejereito as authors thereof.

Information and
fmmunications Technology

THE HONORABLE SPEAKER
HOUSE OF REPRESENTATIVES
Quezon City


CarIranewone

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Manila

FIFTEENTH CONGRESS
Second Regular Session

enon
House Bill No, 0420
(In Substitution of House Bill Nos. 2380, 2799, 2851 and 4060)

Introduced by Representatives Roman T. Romulo, Emmanuel D. Pacquiao, Rufus B.

Rodriguez, Maximo B. Rodriguez and Joseph Victor G. Ejercito

AN ACT
PROVIDING FOR THE ESTABLISHMENT OF THE NO CALLS AND NO TEXT
REGISTRATION SYSTEM AND FOR OTHER PURPOSES

Be in 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 “No Calls and No Text
Registration Act of 2012.”

SEC. 2. Declaration of Policy. - \t is the policy of the State to protect and promote
the right of the consumers to privacy and protect them from unwanted calls and text messages
inducing purchase of goods or services and solicitations.

SEC. 3. Definition of Terms. ~ As used in this Act, the following terms are defined as
follows:

3.1 Caller or Sender refers to any person, including the employees and agents of the

person who initiated the call or text message;

3.2 Commission refers to the National Telecommunications Commission;

3.3. Negative option refers to a feature which shall enable a person to stop receiving
any call and text message from a caller or sender;

3.4 Outbound call or text refers to a telephone call or text message initiated by any

person to induce the purchase of goods and services;

Person refers to any person whether natural or juridical;


3.6 Prize refers to anything offered, purportedly offered, given, or purportedly given
to a person by chance;

3.7 Prohibited call or text refers to a hoax, junk or scam call or text message. This
message includes, but is not limited to the following:

a) Message congratulating the recipient for winning any prize in a promotional
scheme or award of prize when the recipient did not join or subscribe to
any game or activity of chance;

b) Message supposedly coming from a relative abroad asking the recipient to
reload one’s “new” roaming number;

c) Message requiring the recipient to register by texting one’s name and other

personal details to a phone number; or

4) Any other similar call or text message.

3.8 Text refers to any message sent via short message service (SMS);
3.9 Upselling refers to soliciting the purchase of goods or services following an
initial transaction during a single telephone call or text message; and

3.10 Unsolicited call or text refers to a call or text message which is not initiated by
the recipient of the call or text message such as but not limited to survey and
request for contribution to or solicitation to any non-profit and charitable
institution, whether or not the call or text message induces purchases of goods or
services.

SEC. 4, Establishment of the No Calls and No Text Registry. — The Commission
shall establish a No Calls and No Text Registry for the benefit of consumers who do not want
to receive calls or text messages inducing the purchase of goods or services and solicitations,
to protect the subscribers from unwanted calls and text messages, thus, empowering the
subscribers with the freedom to choose their transactions and maintaining their right to
privacy: Provided, That the identity of the persons registered shall be kept highly confidential
such that only the telephone numbers may be accessed from the registry.

Any person, company or organization shall register first with the Commission before
accessing the telephone numbers in the No Calls and No Text Registry. The Commission
may assess and charge reasonable annual registration fees for persons accessing the telephone
numbers in the said registry.

SEC. 5. Allowable Telephone Numbers Registered Per Person. — Any person shall
only be allowed to register up to three (3) mobile phone numbers regardless of the network


provider: Provided, That the registration of mobile numbers of persons below eighteen (18)
years of age may be done by their parents or legal guardian.

Registration of fixed telephone numbers shall only be allowed for residential lines.

SEC. 6. Registration in the No Calls and No Text Registry. — Any person may
manage and limit the outbound and unsolicited calls and text message that one receives
through the registration of the telephone number in the No Calls and No Text Registry of the
Commission.

‘No unsolicited calls or text messages shall be made or sent to the telephone numbers
on the No Calls and No Text Registry.

SEC. 7. Negative Option Requirement. — A person whose number is not registered in
the No Calls and No Text Registry may manage and limit the outbound and unsolicited calls
or text message through the negative option feature.

Any caller or sender shall set-up a negative option which shall be available to the
recipient immediately upon answering the call or at the beginning of the text message after
providing the required information under Section 8 of this Act.

Upon selection of the negative option feature, the caller or sender shall not make any
further step to persuade the recipient and immediately stop making any call or sending any
text message to the recipient: Provided, That the recipient shall report and register the name
and the number of the person, company or organization that made the call or sent the message
to the No Calls and No Text Registry in order to make the caller or sender liable for violation
of this Act for any subsequent call or text message: Provided, further That this prohibition
shall apply to the caller or sender regardless of other goods or services offered and other
telephone numbers used to contact the recipient.

SEC. 8. Information Requirement of the Caller or Sender. — It shall be unlawful for
any person to make an outbound or unsolicited call or text without first subscribing to a
special four-digit identifier code with a cellular mobile telephone service (CMTS) operator
and registering the number with the Commission, or availing of the services of a content
provider duly accredited by the Commission to provide mobile phone marketing and
advertising services. The person registering shall provide the Commission with minimum
information as to the identification, mobile and fixed-line contact numbers, background and
nature of operations or business of said person. It shall likewise be unlawful to make an
outbound or unsolicited call or text message without disclosing the full name of the person
making the call or sending the text message, the company or organization for whose benefit
the call or text message is being made, and a telephone number of a fixed line where such

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identity can be established and verified: Provided, That non-compliance with this Section
shall constitute an outright violation punishable under this Act.

SEC. 9. Removal of Numbers. — Telephone numbers registered in the No Calls and
No Text Registry shall not be changed or removed except upon the request of the owner in
writing who was assigned the number and for those invalid or disconnected telephone
numbers upon adequate validation of the Commission.

SEC. 10. Liability of Caller or Sender. — Any person who, acting for one’s own
benefit, or for the benefit of another person, company, organization or association which did
not officially engage one’s services, and who violates any provision of this Act, shall be held
solely liable. Any person who is acting on behalf and for the benefit of another person,
company or organization which officially engaged one’s services shall be held separately
liable with such person, company, organization or association for any violation under this
Act.

It shall be the responsibility of any caller or sender to register under Section 4 hereof
and inform the Commission of the numbers which have been registered in the No Calls and
No Text Registry. It shall be deemed prima facie evidence of knowledge on the part of the
caller or sender where the telephone number of the recipient is registered in the No Calls and
No Text Registry under Sections 6 and 7 hereof, prior to the date the call or text message is
made, as to be in violation of this Act. Non-registration of the caller or sender as required
under Section 4 of this Act shall not be an excuse from any liability.

‘The use of automatic dialer or any electronic device that automatically or randomly
contacts telephone numbers is prohibited and any person, company, organization or
association who uses the same shall be held liable.

It shall be unlawful for any person to make any prohibited call or text message.

SEC. 11. Exception. — This Act shall not apply to calls or text messages made in
order to remind, collect or update the recipient of one’s existing bills or past due accounts,
subject to pertinent rules and regulations of the Bangko Sentral ng Pilipinas and other
applicable laws.

SEC. 12. Penalties. — Any person who is found to be in violation of the provisions of
this Act, shall suffer the following penalties, without prejudice to administrative sanctions as
may be imposed by the Commission and without prejudice to civil or criminal liability:

a) Any juridical person which violates the provisions of this Act, or its implementing

rules and regulations shall suffer the penalty of a fine of not less than Fifty
Thousand Pesos (P50,000) nor more than One Hundred Thousand Pesos
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(P100,000.00) per instance of violation: Provided, That its officers directly
responsible for the violation shall suffer the penalty of fine of not less than Fifty
Thousand Pesos (P50,000.00) but not more than One Hundred Thousand Pesos
(P100,000.00);

b) Any person who shall violate the provisions of this Act, or its implementing rules

and regulations shall be subject to a fine of not less than Fifty Thousand Pesos
(P50,000.00) but not more than One Hundred Thousand Pesos (100,000.00).
SEC. 13. Implementing Rules and Regulations. ~ Within ninety (90) days from the
effectivity of this Act, the Department of Trade and Industry (DTI), in coordination with the
National Telecommunications Commission (NTC) and the Department of Science and
Technology ~ Information and Communications Technology Office (DOST-ICTO), shall
promulgate the rules and regulations for the effective implementation of this Act.
SEC. 14. Implementing Agency. ~ The Commission shall enforce the provisions of

this Act and its implementing rules and regulations.

SEC. 15. Appropriations. — The National Telecommunications Commission shall

immediately include in the Commission’s programs the implementation of this Act, the initial
funding of which shall be charged against the current year’s appropriations of the
Commission. Thereafter, such sums as maybe necessary for the continued implementation of
this Act shall be included in the Annual General Appropriations Act.

Registration fees and other penalties herein imposed shall accrue to the general fund.

SEC. 16. Separability Clause. — \f any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof that are not affected thereby shall
continue to be in full force and effect.

SEC. 17. Repealing Clause. — All other laws, decrees, executive orders,
proclamations and administrative regulations, or parts thereof inconsistent herewith are
hereby repealed or modified accordingly.

SEC. 18. Effectivity Clause. — This Act shall take effect fifteen (15) days after its
publication in at least two (2) national newspapers of general circulation.

Approved,


FACT SHEET

aan
House Bill No,_ 9420
(In Substitution of House Bill Nos, 2380, 2799, 2851 and 4060)

NO CALLS AND NO TEXT REGISTRATION ACT OF 2012

Introduced by: REPRESENTATIVES ROMAN T. ROMULO, EMMANUEL D.
PACQUIAO, RUFUS B. RODRIGUEZ, MAXIMO B. RODRIGUEZ, JR. AND JOSEPH
VICTOR G. EJERCITO

Committee Referral: COMMITTEE ON INFORMATION AND COMMUNICATIONS
TECHNOLOGY 7
Committee Chairperson: REP. SIGFRIDO R. TINGA

OBJECTIVE:

* To protect cellular phone subscribers from unwanted calls and text
messages that intrude, disturb and disrupt the activities of any individual,
thereby promoting more responsible and accountable business practices
by marketing and sales agents.

KEY PROVISIONS:
Establishes a system of No Calls and No Text Message Registry for

telephone subscribers who do not want to receive calls or text message
inducing the purchase of goods and services and solicitations.

+ Allows any person to access the Registry upon registration with the
National Telecommunications Commission and payment of a reasonable
annual registration fee.

Allows calls and texts done to remind, collect or update the recipient with
regards to their billing or past due accounts.

+ Allows a subscriber to register up to three (3) mobile phone numbers
regardless of network subscription.


Republic uf the Pilippines
House of Representatives
Quezon City, Meteo Manila

HON. JOSEPH EMILIO A. ABAYA
Congressman, Ist District, Cavite
Chairman, Committee on Appropriations

March 7, 2012

HON. SIGFRIDO R. TINGA
Chairman
Committee on Information and Communications Technology

Dear Chairman Tinga:

Please be informed that the Committee on Appropriations, in its meeting held
today at the Rolando R. Andaya Hall, approved to report out Substitute Bill to
House Bill Nos. 2380, 2799, 2851 and 4060, titled “AN ACT PROVIDING FOR
THE ESTABLISHMENT OF THE NO CALLS AND NO TEXT REGISTRATION
SYSTEM AND FOR OTHER PURPOSES” with the following amendments:

a.) On Section 15, page 5, lines 14-18, delete the entire provision and in lieu
thereof, substitute the following:

SEC. 15. APPROPRIATIONS. - THE NATIONAL
TELECOMMUNICATIONS COMMISSION SHALL IMMEDIATELY

‘ INCLUDE IN THE COMMISSION'S PROGRAMS THE
IMPLEMENTATION OF THIS ACT, THE INITIAL FUNDING OF WHICH
SHALL BE CHARGED AGAINST THE CURRENT YEAR'S
APPROPRIATIONS OF THE NTC. THEREAFTER, SUCH SUMS AS
MAYBE NECESSARY FOR THE CONTINUED IMPLEMENTATION OF
THIS ACT SHALL BE INCLUDED IN THE ANNUAL GENERAL
APPROPRIATIONS ACT.

REGISTRATION FEES AND OTHER PENALTIES HEREIN IMPOSED
SHALL ACCRUE TO THE GENERAL FUND.

b,) It is also suggested that the short title of the bill be amended to read:

SEC. 1. SHORT TITLE. — THIS ACT SHALL BE KNOWN AS THE “NO
CALLS AND NO TEXT REGISTRATION ACT OF 2012".

Thank you.
Very truly yours,

ILIO AGUINAIDO ABAYA.

oman T. Romylo Hon. Maximo B. Rodriguez
ort. Emmanuel juiao Hon. Joseph Victor G. Ejercito
Hon. Rufus B. Rodriguez

pe


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

2380

HOUSE BILL NO.

Introduced by Hon. Emmanuel D. Pacquiao

AN ACT TO PROHIBIT CELLPHONE NETWORK COMPANIES FROM SENDING UNSOLICITED.
MATERIAL TO THEIR SUBSCRIBERS VIA TEXT OR SHORT MESSAGE SERVICE (SMS)

EXPLANATORY NOTE

This bill seeks to prohibit cellphone network companies from unsolicited materials to
their subscribers via text message or short message service (SMS), cellphone companies
look for ways to entice their customers to avail of their cellphone services through various
gimmicks, subscriptions and contents. Customers therefore are often victimized by such
offerings sent by cellphone companies via text or short messages (SMS) that jacked up their
monthly bills or consumed their pre-paid credit.

There is a need therefore to regulate these indiscriminate offerings by prohibiting
any matter sent by network companies via text or SMS, which are not solicited by the
subscriber.

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

of Sarangani Province


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

Fifteenth Congress
First Regular Session

2380

HOUSE BILL NO.

Introduced by Hon. Emmanuel D. Pacquiao

‘AN ACT TO PROHIBIT CELLPHONE NETWORK COMPANIES FROM SENDING UNSOLICITED
MATERIAL TO THEIR SUBSCRIBERS VIA TEXT OR SHORT MESSAGE SERVICE (SMS)

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

SECTION 1, With the exception of legitimate notifications of past due accounts,
cellphone network companies are hereby prohibited from sending unsolicited materials
such as advertisements, offerings, promotions, subscriptions and other notifications to their
subscribers via text or short message service (SMS).

SECTION 2. Penalty.—Cellphone network companies found to have violated this Act
shall be punished with a fine of twenty thousand pesos (P20, 000.00) to one hundred
thousand pesos (P100, 000.00) per violation.

SECTION 3. Separability Clause.—If any clause, provision, paragraph or part of this
Act shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate
or impair any other part hereof, but such judgment shall be merely confined to the clause,
provision, paragraph or part directly involved in the controversy in which such judgment has
been rendered,

SECTION 4. Repealing Clause.—All laws, decreed, executive orders and other
administrative issuances and parts thereof which are inconsistent with the provisions of this
Act are hereby modified, superseded or repealed accordingly.

SECTION 5. Effectivity.—This Act take effect fifteen (15) days following its publication

in the Official Gazette or a major daily newspaper of general circulation in the Philippines,
whichever comes earlier

APPROVED,


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No,_279.9

EXPLANATORY NOTE

There has been an increasing number of text message being received
by different people telling them that they won in a raffle or text message
seeking air-time load, money or personal information.

While _ majority ignore these messages, there are still those
unsuspecting victims who believe these messages and fall prey to these
unscrupulous people.

It is about time that these people sending hoax text messages be
penalized for taking advantage of people who are too trusting, or at the very
least for being an inconvenience to others.

While it may be difficult to trace these numbers as most numbers used
are pre-paid accounts which are not registered, this is not an excuse from not
prosecuting. Once the sender of the hoax text messages and unsolicited text
offers and advertisements are identified, they have to be penalized and the
only way to do that is by enacting a law criminalizing their acts.

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

RUFUS B. RODRIGUEZ

MM.

MAXIMO B. RODRIGUEZ, JR.


FIFTEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES —)
FIRST REGULAR SESSION )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez and
Representative Maximo B. Rodriguez, Jr.

House Bill No. 2799

AN ACT
PROHIBITING THE SENDING OF HOAX, JUNK AND SCAM TEXT
MESSAGES, PENALIZING THE SENDERS AND FOR OTHER PURPOSES.

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

SECTION 1. It is hereby prohibited for anyone to send hoax, junk and scam
text messages. These messages include, but are not limited to the following:
a, Messages congratulating the recipient for winning cash or a car in a
promo;
b. Messages supposedly coming from family member abroad asking the
recipient to reload their “new” roaming number;
¢. Messages requiring the recipient to register by texting his or her name
and other personal details to a phone number, or
d. any other similar text message.

SEC, 2. Anyone found to have violated this Act shall be punished with a fine
of twenty thousand pesos (20,000.00) per violation: Provided, That each
message sent is considered an individual violation of this Act.

SEC. 3. Implementing Rules. The National Telecommunications Commission
shall issue such orders, rules and regulations and other issuances as may be
Necessary to ensure the effective implementation of this Act.

SEC. 4. Separability Clause. If for any reason, any part of or provision of this
Act is declared unconstitutional or invalid, such parts not affected thereby
shall remain in full force and effect.

SEC. 5. Repealing Clause. Any law, executive order, letter of instruction, rules
and regulations, circulars, issuances or any part thereof inconsistent with any
of the provisions of this Act is hereby repealed, modified or amended

accordingly,

SEC. 6. Effectivity. This Act shall take effect fifteen (15) days after its
Publication in at least two (2) newspapers of general circulation.

Approved,


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

og5l
HOUSE BILL NO. _pbbt

Authored by Hon. JOSEPH VICTOR G. EJERCITO

EXPLANATORY NOTE

Various cellphone companies look for ways to entice their
customers to avail their services through promotions and strategies.
Customers therefore are often victimized by such offerings sent by
telecommunication companies via text or short messages (SMS) that
jack up their monthly bills or consumes their pre-paid credit. While
some of the messages are received by the subscribers for free, they

still remain unsolicited.

There is a need therefore to regulate these indiscriminate
offerings by prohibiting any matter sent by network companies via text
or SMS which are not solicited by the subscriber.

This bill seeks to prohibit cellphone network companies from
unsolicited materials to their subscribers via text message or short
message service (SMS).

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

aS

JOSEPH VICTOR G. EJERCITO


Republic of the Philippines
HOUSE OF REPRESENTATIVES,
Batasang Pambansa, Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No, 2851

Authored by Hon. JOSEPH VICTOR G. EJERCITO

AN ACT
PROHIBITING CELLPHONE NETWORK COMPANIES
FROM SENDING UNSOLICITED MATERIALS TO THEIR
SUBSCRIBERS VIA TEXT OR SHORT MESSAGE SERVICE

(SMS)

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

SECTION 1. With the exception of legitimate notifications of
past due accounts, cellphone network companies are hereby prohibited
from sending unsolicited materials such as advertisements, offering
promotions, subscriptions and other notifications to their subscribers
via text or short message service (SMS).

SECTION 2. Penalty. - Cellphone network companies found to
have violated this Act shall be punished with a fine of Twenty
Thousand Pesos (P20,000.00) to One Hundred Thousand Pesos
(P100,000.00) per violation.

SECTION 3. Separability Clause. ~ If any clause, provision,
paragraph or part of this Act shall be declared unconstitutional or
invalid, such judgment shall not affect, invalidate or implair any other
part hereof, but such judgment shall be merely confined to the clause,
provision, paragraph or part directly involved in the controversy in
which such judgment has been rendered.

SECTION 4. Repealing Clause. - All laws, decrees, executive
orders and other administrative issuances and parts thereof which are
inconsistent with the provisions of this Act are hereby modified,
superseded or repealed accordingly.

SECTION 5. Effectivity. - This Act shall take effect fifteen (15)
days after its complete publication in at least two (2) newspapers of

general circulation.

Approved,


98 2011

Republic of the Philippines re
HOUSE OF REPRHSENTATIVES fo =e
Quezon City, Mgtro Manila

15" CONG!

oat Suk
HOUSE BILL NO. te

E

Introduced by aero Roman T. Romulo
Lone District of Pisio City

EXPLANATORY NOTE

The Section 9, Article XVI of the 198% Philippine Constitution provides

that:
“The State shall protect consumers frqm trade malpractices and from

substandard or hazardous products.”

The advent of new technologies and its swift development has brought the
society both positive and negative impacts. In @rder to manage and curtail the
growing number of fraudulent or unwanted commercial offers for goods and
services and intrusion to one’s privacy, the government must set reasonable
fegulations to promote sound and acceptadlg commercial practices which
respects the privacy and right of choice of consumers.

This bill would prevent unwanted calls and texts that intrudes, disturb and
disrupt the activity of any individual and require @ more responsible and
accountable business practice. The freedom of the business-oriented person or
entities to promote and sell its goods and services ends where the freedom of

Individuals to privacy is exercised
Through the passage of this Bill, the consumers would be protected from

unsolicited calls and texts with an end view of empowering them with the
freedom to choose their transactions and maintaining consumers’ right to be let

alone,

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

BPA

HON. ROMAN T, ROMULO

~
& RECEIVED



#2121 P.062 soos

HOUSE OF REPRESENTATIVES
Quezon City. Metro Manila

15" CONGRESS

HOUSE BILL NO. 400

Introduced by Representative Roman T. Romulo
Lone District of Pasig City

AN ACT PROVIDING FOR THE ESTABLISHMENT OF THE NO CALLS AND
NO TEXT REGISTRATION SYSTEM

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

Section 1. Short Tie - This Act shall be known as the “No Calls and No Text
Registration Act.”
Section 2. Declaration of Policy - It is the policy of the State to protect and

promote the right of the consumers to privacy and protect them from unwanted
calls and texts inducing purchase of goods or services and solicitations.

Section 3, Definition of Terms = For the purposes of this Act, the term:
3.1 "Caller and/or Sender’ means any person, company, organization

andlor association, including its employees and agents, who initiated the call
and/or text for the purpose of making outbound and/or unsolicited call and/or text.

3.2 “Commission” means the National Telecommunications Commission
created under Executive Order No. 546, series of 1979.

3.3 "Negative option” means a feature which shall enable a person to stop
receiving any call and text from a caller and/or sender.

3.4 “Outbound call and/or text” means a telephone call or text initiated by
any person to induce the purchase of goods or services.

3.5 “Prize” means anything offered, or purportedly offered, and given, or
purportedly given, to a person by chance.

3.6 “Text” means any message via short message service (SMS).

3.7 “Upseliing’ means soliciting the purchase of goods or services
following an initial transaction during a single telephone call or text.

3.8 “Unsolicited call and/or text” means a call or text which is not initiated
by the recipient of the call and/or message such as but not limited to upselling,
surveys. award of prize when the recipient did not join or subscribe to any game
oF activity of chance and contribution and/or solicitation to any non-profit and
charitable institution. whether or not the call and/or text induce purchases of

goods or sei

es,


Section 4. Establishment of the No Calis and No Text Registry - The National
Telecommunications Commission (NTC) shail establish a No Calls and No Texts
Registry: Provided that the identity and privacy of the persons registered shall be
kept highly confidential such that only the telephone numbers may be accessed
from the registry

Any person, company, organization and/or association shall register first with the
Commission defore they can access the telephone numbers in the No Calls and
No Texts Registry

Section 5. Allowable Telephone Numbers Registered Per Individual ~ An
individual shall only be allowed fo register up to three (3) mobile phone numbers
Tagardiess of the network provider: Provided that registration of mobile numbers
of persons below 18 years of age may be done by their parenis and/or legal

guardian,

Registration of fixed telephone numbers shall only be allowed for
residential lines.

Section 6. Registration in the No Calls and No Text Registry - Any person may
manage and limit the outbound and unsolicited calls and texts that they receive
through registration of his telephone number in the No Calls and No Texts

Registry of the Commission.

No outbound and unsolicited calls and/or texts shall be made and/or sent to the
telephone numbers on the No Calls and No Texts Registry.

Section 7. Negative Option Requirement — A person whose number is not
registerad in the No Calls and No Texts Registry may manage and limit the
outbound and unsolicited calls and/or texts through the negative option feature.

Any caller and/or sender shall set-up a negative option which shall be available
to the recipient immediately upon answering the call and/or at the beginning of
the text after providing the required information under Section 8 of this Act

Upon selection of the negative option feature, the caller and/or sender shalll not
make any further steps to persuade the recipient and immediately stop making
any calls and/or sending any texts to the recipient; Provided that, the recipient
shall report and register the name and the number of the person, company
and/or organization that made the call and/or sent the message to the No Calls
and No Text Registry in order to make the caller and/or sender liable for violation
of this Act for any subsequent calls anditexts; Provided further thet, this
prohibition shail apply to the caller and/or sender regardless of other goods
and/or services offered and other telephone number used to contact the
recipient

Section 8. Information Requirement of the Caller and/or Sender - it shall be
unlawful t9 make an outbound and/or unsolicited call and/or text without
disclosing the fuli name of the person making the call and/or sending the text, the
company or organization for whose benefit the call and/or text is being made,
and a telephone number of a fixed line where such icentity can be established
and verified: Provided that, non-compliance with this Section shall constitute an
outright viciation and punishable under this Act

Section 9. Removal of Numbers - Telephone numbers registered in the No Calls
and No Text Registry shall not be removed except upon the request of the owner


3 2011

andlor those invalid and disconnected tslephene numbers upon adequate
validation of the NTC.

Section 10. Liability of Callers anc/or Senders — Any person who committed any
violation under this Act who is acting for his own benefit end/or for the benefit of
another person, company, organization and/or association which did not officially
engagad his services shall be neld solsly liable; Provided that, any person who is,
acting in behalf and for the benefit of another person, company or organization
which officially engaged his services shall both be held separately liable for any
violation under this Act.

It shall be the responsibility of any caller and/or sender to register under Section
4 and inform itself of the numbers which have registered in the No Calis and No
Texts Registry. There shall be prima facie evidence of knowledge on the part of
the caller andlor sender where the telephone number of the recipient is
registered on the No Calls and No Texts Registry under Sections 6 and 7 prior
the date the call andlor text is made in violation of this Act. Non-registration of the
caller and/or sender as required under Section 4 of this Act shall not be an

excuse from any liability

The use of automatic dialer or any electronic device that automatically and/or
randomly contacts telephone numbers is prohibited as far as the provisions of
this Act is violated end any person. company, organization and/or association
who uses the same shall be le

Section 11. Excepiion — This Act shail not apply to calls and texts made in order
to remind, collect, and/or update the recipient of his existing bills and/or credit
subject to applicable laws and pertinent rules and regulations of the Bangko
Sentral ng Pliipines.

Section 12. Penalties - Any person and juridical entity, subject to due process,
who is found to he in violation of the provisions of this Act shail be imposed with
the following penalties, without prejudice to administrative sanctions as may be
imposed by the NTC: 2

a) Any juridical person which violates the provisions of this Act, or its
implementing rules and requiations shall suffer the penaity of a fine of not
less than Fifty Thousand pesos (P50,000) nor more than One Hundred
Thousand pesos (P100,000.00) per instance of violation: Provided, that its
officers directly responsible for the vioation shail suffer the penalty of fine
of noi less than Fifty Thousand pesos (P50,000.00) but not more than
‘One Hundred thousand pesos (P 100,000.00)

b) Any person who shall violate the provisions of this Act, or its implementing
Tules and regulations shall be subject to a fine of not less than Fifty
Thousand pesos (P50,000.00) but not more than One Hundred Thousand

pesos (P100,000.001

Section 13. Implementing Rules and Regulations - within ninety (90) days from
the effectivity of this Act, the Department of Transportation and Communication
s(DOTC). in coordination with the National Telecommunications Commission
(NTC), shall promulgate the rules and regulations to effectively implement the

provisions of this Act

Section 14, Implementing Agency - The National Telecommunications
Commission (NTC) shall enforce the provisions of this Act and its implementing

Tules and reguiations.



Section 15. Funding. - The NTC shal! immediately include in their programs the
implementation of the provisions of this Act from the funding in their annual
appropriations in the General Appropriations Act.

Penaities that are herein imposed shall accrue to the funds of the NTC and shall
be used solely for the Implementation of the provisions of this Act.

Section 16. Separability Clause - if any part or provision of this Act shall be held
unconstitutional or invalid, other provisions hereof that are not affected thereby
shall continue fo be in fuil force and effect,

Section 17. Repealing Clause — AN other iews. decrees, executive orders,
proclamations and administrative regulations, of parts thereof inconsistent
herewith are hereby repealed or modified accordingly.

+s. Olause - This Act shall take effect fteen (15) days after its
‘ewspapers of general circulation,

Section 48. 2% 22!
publication in at least two (2) nctior

Approved.



HOUSE OF REPRESENTATIVES » va

COMMITTEE ON INFORMATION eel inlias TE TECHNOLOGY

05 October 2011
FOR HON. FELICIANO BELMONTE, JR.
‘Speaker
‘oHRU ATTY. ARLENE DADA-ARNALDO feel
Deputy Secrciary General Commie Afils Dupariment
SUBJECT «SPOT REPORT ON THE MEETING OF THE ComMITTEE ON

INFORMATION COMMUNICATIONS TECHNOLOGY HELD ON
EVEN DATE, 10:00 A.M., AT CONFERENCE ROOM NO. 7 &
MITRA BUILDING, HOUSE OF REPRESENTATIVES,

Initial Consideration of House Bill No. 5179 re: Pole Attachments Act of 2011, authored by Rep.

Sigfrido R. Thiga

Being the author of the measure under consideration, Chairman Siafrido Tinga ‘elinquished the
Chairmanship to Rep. Cesar Sarmiento to equitably defend his proposal. The author explained that there
is a need to regulate the use of utility poles and other support structures related thereto as this would
‘encourage growth and development of cable and telecommunications systems and will provide the widest
possible diversity formation sources and services to the public. He added that the proposal will likewise

promote competition in cable communications and mi

mize unnecessary regulation that would impose

an undue economic burden on cable systems.
Following a thorough discussion, the Body referred the bill to a Technical Working Group (TWG) for
refinement. The following agencies were designated as members of the TWG: representatives from the
DILG-LGUs, DOST-Information and Communications Office (DOST-ICTO), National

‘Telecommuni

jons Commission (NTC), Energy Regulatory Commission (ERC), MERALCO, PLDT,

‘Smart, Globe, Digitel/Sun Telecommunications, Phil. Cable TV Association (PCTA) Federation of

tntern
repres

national Cable TV Association of the Phils. (FICAP), regional electric cooperatives, the author of his
sentative, interested Members and the Committee secretariat. Rep. Rufuys Rodriguez volunteered to

be part of the TWG.

Consideration and Approval of the Substitute Bill 1o House Bill No. 4060 in consolidation with House
Bill Nos. 2380, 2799 and 2851 re: No Calls and No Text Registration Act of
Representatives Roman Romulo, Emmanuel Pacquiao, Rufus Rodriguez, Maximo Rodriguez and

2011, authored by

Joseph Vietor Ejercito.

One

of the authors, Rep. Joseph Victor Ejercito moved, duly seconded, that the Substitute Bill to House

Bill No. 4060 in consolidation with House Bill Nos. 2380, 2799 and 2851 re: No Calls and No Text
Registration Act of 2011, be approved. Sans objection, the motion was carried.

LINAMORTEGA
Service Directbr
Committee Technical Support Service 1

The Deputy Speaker; The Honorable Chairman, Committee on Rules; The Secretary General
‘The Executive Director, CAD; The Deputy Executive Director, CAD
‘The Service Director, Committee Administrative Support Service