SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
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First Regular Session 
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JUl -3 P 1 :06 
SENATE 
Senate Bill No. 36 5 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The advent of modernization and technology has made the use of cellular 
phone as an everyday necessity for everybody, This has also given rise to the 
increase in the number of vehicular accidents related to cellular phone use while 
driving. 
This bill· aims to curb the escalating statistics on vehicular accidents 
brought about by driver's error, particularly on cellular phone use where drivers 
often neglect the importance of giving full and undivided attention while driving 
their vehicles. Absence of concentration on the road can be fatal not only to the 
driver and their passengers, but to other drivers, pedestrians and private 
properties, as well. 
This measure imposes prohibition on the utilization of cellular phones 
while driving and provides penalties for violation thereof in order to avoid 
unnecessary road accidents. This is in pursuit of achieving road and travel safety 
for all Filipinos. 
The urgent passage of this bill is thus needed . 
• -.... 
A 
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GGOY EJERCITO ESTRADA 
Senator 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
First Regular Session 
SENATE 
Senate Bill No. 3 6 5 
) 
) 
) 
'13 
JUL --3 Pl :06 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
REGULATING THE USE OF MOBILE PHONE WHILE DRIVING, PROVIDING 
PENAL TIES 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. - 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. In addition 
to the standard voice function of a cellular phone, current 
mobile phones may support many additional services and i 
for text messaging, email, pachet switching for access to 
the intemet, gaming bluetooth, infrared, camera with video l 
recorder and MMS for sending and receiving photos and 
videos. 
b) 
Text Messages -
means the use of message sending by 
preSSing the keyboard of the cellular phone or composing 
a message and sending it through the phone; 
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 not 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." 
"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 apply to emergency services professional using a 
wireless telephone while operating an authorized emergency vehicle, in the 
course and scope of his/her duties." 
SEC. 4. Penal Provision - Violation of this Act shall be punishable by: 
(a) 
First Offense - fine of Three Thousand Pesos (P3,OOO.OO) 
i 
(b) 
Second Offense - fine of Five Thousand Pesos (P5,OOO.OO) 
(c) 
Third and succeeding Offenses - a fine of not less than Five 
Thousand Pesos (P5,OOO.OO) but not more than Ten 
Thousand Pesos (P10,OOO.OO) and/or imprisonment of not 
more than one (1) year of 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. - If any part, section, or provision of this Act 
shall be held invalid or unconstitutional, the other proVisions shall not be affected 
thereby. 
SEC. 7. 
Effectivity. -
This Act shall take effect (15) days after its 
complete publication in at least two (2) newspapers of national circulation. 
Approved,