Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND MOBILE SUBSCRIBERS, 
PROTECTING SUCH SUBSCRIBERS FROM ELECTRONIC THREATS THROUGH THE MISUSE OF 
DIGITAL TECHNOLOGY, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
EXPLANATORY NOTE 
Recently there has been an influx of spam messages received through text or messaging applications 
online. These spam messages are usually used by unscrupulous individuals to lure people into giving their 
personal or financial information. This raised public alarm over the possible misuse of contact information 
disclosed in contact tracing forms. The National Privacy Commission (NPC) has since debunked this claim 
claiming that global syndicates are behind the proliferation of spam messages. The fact remains however 
that these spam messages are risks to recipients and it is incumbent upon the State to adopt measures 
that will curb these unscrupulous activities and protect the people from such risks.  
In this regard, this measure seeks to provide an automatic opt-out mechanism for all telephone and mobile 
subscribers from spam calls or messages and allows the subscriber to provide the initial prior consent for 
the receipt of commercial or promotional advertisements from any person, whether natural or juridical, 
without prejudice to the availability of the option of a subsequent opt-out mechanism. This measure likewise 
provides that there is a prima facie presumption of a violation of the subscriber opted out of receiving any 
calls or text messages, when the subscriber has declined to further give consent to the continuation of the 
call or text, or when the unsolicited call or text falls within the following: (1) causes an installation of 
programs on the subscriber's device without consent; (2) contains false or misleading electronic 
representations redirecting to websites, chat platforms, etc. and (3) triggers the collection of personal 
information by accessing an electronic device illegally. 
On behalf of the people of Parañaque City’s Second District, and for the common good of the Filipino 
people, the approval of the said measure is earnestly sought. 
REP. GUS S. TAMBUNTING 
2nd District, Parañaque City 
September 22, 2022
5:00 pm
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Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. _______ 
Introduced by HON. GUS S. TAMBUNTING 
AN ACT 
PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND MOBILE SUBSCRIBERS, 
PROTECTING SUCH SUBSCRIBERS FROM ELECTRONIC THREATS THROUGH THE MISUSE OF 
DIGITAL TECHNOLOGY, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled: 
CHAPTER I  
TITLE AND DECLARATION OF POLICY 
SECTION 1. Short Title. – This Act shall be known as the “Anti-Spam Act.”  
SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State to: 
(a) Protect the fundamental right to privacy of communication while ensuring the free flow of
information to promote innovation and growth, guaranteed under the 1987 Constitution of the
Republic of the Philippines as well as by Republic Act No. 10173, otherwise known as the "Data
Privacy Act of 2012";
(b) Protect the data privacy of telephone and mobile phone service subscribers;
(c) Provide a standard of conduct for businesses and industries in sending calls and text messages to
subscribers; and
(d) Set as default the opt-in mechanism and provide subscribers the opportunity to give prior consent
before receiving calls and texts inducing the purchase of goods or services and other forms of
solicitation.
CHAPTER II 
DEFINITION OF TERMS 
SECTION 3. Definition of Terms. - As used in this Act: 
(a) Caller or sender refers to any natural person, or in the case of a juridical person, an employee
or agent thereof, who initiates a call or a text message to make a call or text message, whether
outbound or unsolicited;
(b) Consent refers to a written contract signed by both the subscriber and the entity or its authorized
representative, indicating that the subscriber opted to receive such calls or text messages;
(c) Outbound call or text refers to a telephone call or text message initiated by any caller or sender;
(d) Prize refers to anything offered, or purportedly offered, and given, or purportedly given, to a
subscriber user by chance;
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(e) Subscriber/s refer to client/s of telecommunications companies, whether under a pre-paid or 
post-paid plan;  
 
(f) Text refers to any message sent via short message service (SMS);  
 
(g) Upselling refers to soliciting the purchase of goods or services following an initial transaction 
during a single telephone call or text message;  
 
(h) Unsolicited call or text or Spam refers to a call or a text message that may be any one of the 
following: 
 
(1) Not initiated by the recipient of the call or message containing commercial promotions or 
advertisements and did not opt-in to receive the same; 
(2) Causes an installation of programs on the subscriber's device without 
(3) consent; 
(4) Contains false or misleading electronic representations redirecting to websites, chat platforms, 
etc. and 
(5) Triggers the collection of personal information by accessing an electronic device illegally. 
 
CHAPTER III 
SUBSCRIBER'S RIGHTS AND DUTIES AND RESPONSIBILITIES  
OF A CALLER OR SENDER 
 
SECTION 4. Automatic Opt-Out and Subscriber's Prior Consent. – As a default, all subscribers are 
automatically opted out of receiving unsolicited calls or texts as defined under this Act. Commercial or 
promotional advertisements may only be sent to a subscriber who has given prior consent or has specifically 
opted-in to receive said messages without additional cost; Provided, That, a subscriber who has given prior 
consent or opted in may choose to opt out any time, likewise without additional cost.  
 
SECTION 5. Requirement for a Caller or Sender. – No person shall make an unsolicited call or text 
message unless the such person discloses the full name of the caller or sender, the company, or 
organization for whose benefit the call or text message is being made, and the telephone number of a fixed 
line where such identity can be established and verified. 
 
SECTION 6. Opt-out Mechanism. – All entities shall provide a mechanism for subscribers to opt-out at 
any time from receiving calls or messages at no cost to the subscriber. The opt-out mechanism must enable 
the subscriber or recipient to indicate the decision not to receive any commercial or promotional 
advertisement from the entity.  
 
SECTION 7. Filing of Complaint. – Complainants may initially file their complaints with the entity 
concerned, which shall act on all complaints received within fifteen (15) days from receipt.  
Complainants who are not satisfied with the action of the entity may bring the matter to the National 
Telecommunications Commission.  
 
CHAPTER V 
PROHIBITED ACTS, FINES, AND PENALTIES 
 
SECTION 8. Prohibited Acts. – No person, whether natural or juridical, shall make an unsolicited call or 
text message, as defined under this Act, to any telephone or mobile number.  
 
There shall be a prima facie presumption of a violation of this Act if the subscriber opted out of receiving 
any calls or text messages, when the subscriber has declined to further give consent to the continuation of 


the call or text, or when the unsolicited call or text falls within the definition under Sections 3(h)(2), 3(h)(3), 
and 3(h)(4) of this Act.  
 
The use of an automatic dialer or any electronic device that automatically or randomly contacts telephone 
numbers is prohibited.  
 
Any violation of this section shall constitute the crime of unauthorized processing as defined and penalized 
under Section 25(a) and 25(b) of the Data Privacy Act of 2012, without prejudice to a further fine that may 
be imposed by the Privacy Commission as provided for in this Act.  
 
SECTION 9. Liability of Caller or Sender. – A caller or sender who commits any violation under this 
Act shall be held solely liable. If the caller or sender acted for the benefit of another person, natural or 
juridical, and with authority from the latter, they shall be both held separately liable for the violation. 
However, if the caller or sender acted for the benefit of another person, natural or juridical, without 
authority from the latter, the former shall be held solely liable.  
 
Any caller or sender who calls or sends a text message to a subscriber in violation of the provisions of this 
Act shall be fined for each call or text.  
 
SECTION 10. Third-party Access. – The entity that shall allow access to numbers of their subscribers 
to other persons, whether natural or juridical, without the latter's consent shall be held liable under this 
Act, without prejudice to liability under the Data Privacy Act. For the avoidance of doubt, blanket consent 
shall be prohibited. 
 
SECTION 11. Exceptions. – This Act shall not apply to a caller or sender under the following 
circumstances: 
 
(a) In representation of a public agency that is not promoting any of its programs for a commercial 
purpose; 
 
(b) Action is undertaken in a personal capacity;  
(c) Action is prompted by a necessity to respond to an emergency that threatens the life, health, or 
safety of any individual;  
(d) When the sole purpose of the call or text is to: 
(1) Facilitate, complete, or confirm a transaction that the recipient of the message has previously 
agreed to enter with the sender; 
(2) Within the specified warranty period, provide warranty information, product recall information, 
or safety or security information concerning a product or service purchased or used by the 
recipient of the message; 
(3) Deliver goods or services, including product updates or upgrades, that the recipient of the 
message is entitled to receive under the terms of the transaction that the recipient previously 
agreed to enter with the sender; 
(e) When concerning an ongoing purchase or use by the recipient of goods or services offered by the 
sender, the sole purpose of the call or text is to: 
(1) Notify a change in its terms or features; 
(2) Notify a change in the standing or status of the recipient of the message; or 
(3) Provide, at regular periodic intervals, account balance information or another type of account 
statement concerning a subscription, membership, account, loan, or comparable ongoing 
commercial relationship; 
(f) When its sole purpose is to conduct general market research through surveys, provided that, 
concerning consumer goods and services, no reference shall be made to any specific brand and in 
no case shall include any offer for sale of goods and services;  


(g) When sent to an organization other than an individual acting in a personal capacity, for whatever 
purpose of the receiving organization; and  
(h) When done by duly recognized charities, religious institutions, or educational institutions which are 
not considered telemarketers, non-profit organizations, and other exempt organizations under 
appropriate rules and regulations. 
 
SECTION 12. Penalties. – Without prejudice to administrative sanctions that may be imposed by the 
Privacy Commission, or to civil or criminal liability, any person found to be in violation of any provision of 
this Act or its implementing rules and regulations shall be imposed the following penalties: 
 
For a juridical person, a fine of not less than Fifty Thousand Pesos (PHP 50,000.00) nor more than One 
Hundred Thousand Pesos (PHP 100,000.00) for each violation; Provided, that its officers directly responsible 
for the violation shall suffer the penalty of fine, not less than Fifty Thousand Pesos (PHP 50,000.00) but 
not more than One Hundred Thousand Pesos (PHP 100,000.00); or 
 
(a) For a natural person, a fine of not less than Fifty Thousand Pesos (PHP 50,000.00) but not more 
than One Hundred Thousand Pesos (PHP 100,000.00). 
 
CHAPTER VI 
FINAL PROVISIONS 
 
SECTION 13. Oversight and Review. – Within three (3) months from the effectivity of this Act, and 
every six (6) months thereafter, the Privacy Commission, the National Telecommunications Commission, 
and the National Bureau of Investigation, in consultation with relevant stakeholders in the private sector, 
shall each submit reports to Congress, containing information on the implementation of the provisions of 
this Act, as well as other pertinent information, including but not limited to, investigations initiated on spam 
and scam calls or messages and status thereof, and technical and industry efforts undertaken to combat 
the proliferation of unsolicited calls or text messages.  
 
SECTION 14. Appropriations. – The Privacy Commission shall immediately include in its programs the 
implementation of this Act, the initial funding of which shall be charged against its current year's 
appropriations. Thereafter, such sums as may be necessary for the continued implementation of this Act 
shall be included in the Annual General Appropriations Act. Proceeds from penalties herein imposed shall 
accrue to the General Fund.  
 
SECTION 15. Implementing Rules and Regulations. – Within ninety (90) days from the effectivity of 
this Act, the Privacy Commission, upon consultation with relevant stakeholders, shall formulate the rules 
and regulations for the effective implementation of this Act.  
 
SECTION 16. Separability Clause. – If for any reason, any section, clause, or term of this Act is held to 
be illegal, invalid, or unconstitutional, such parts not affected by such declaration shall remain in full force 
and effect.  
 
SECTION 17. Repealing Clause. – All laws, presidential decrees, issuances, executive orders, letters of 
instruction, rules, and regulations inconsistent with the provisions of this Act are hereby repealed or 
modified accordingly.  
 
SECTION 18. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in the 
Official Gazette or a newspaper of general circulation.  
 
Approved,