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

TWENTIETH CONGRESS
First Regular Session

HOUSE BILL NO.485_

Introduced by Representative Roman T. Romulo

EXPLANATORY NOTE

According to Sec. 9, Article XVI of the 1987 Constitution, the State shall protect
consumers from trade malpractices and from substandard or hazardous products.

The advent of new technologies and their swift development has brought both
Positive and negative impacts on society. In order to manage and curtail the growing
number of fraudulent and unwanted commercial offers for goods and services and
intrusion into one's privacy, the government must set reasonable regulations to
promote sound and acceptable commercial practices which respects the privacy and
right of choice of consumers.

This bill would prevent unwanted calls and texts that intrude, disturb, and
disrupt the activity of any individual and require a 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 left alone.

In view of the foregoing, this representation seeks the immediate passage of
this measure.

ROMAN T. ROMULO
Lone District, Pasig City


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

TWENTIETH CONGRESS
First Regular Session

House BILL No. 485

Introduced by Representative Roman T. Romulo
nd

AN ACT
PROVIDING FOR THE ESTABLISHMENT OF THE NO CALLS, NO TEXT, AND NO
EMAIL REGISTRATION SYSTEM 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 "No Calls, No Text
Messages, and No Electronic Mails Registration Act,".

SEC. 2. Declaration of Policy. — It is the policy of the State to protect and
promote the right of consumers to privacy and protect them from unwanted calls, text
messages, and electronic mails inducing the purchase of goods or services and
solicitations.

SEC. 3. Definition of Terms. — As used in this Act:

(a) Caller and/or Sender refers to any person, including its employees and
agents, who initiate a call, text message, or electronic mail;

(b) Negative Option refers to a feature that shall enable a person to stop
receiving any call, text message, or electronic mail from a caller and/or
sender;

(c) Outbound call and/or text refers to a phone call or text message initiated by
any person to induce the purchase of goods and services;

(d) Person refers to any person whether natural or juridical;

(e) Prize refers to anything offered, or purportedly offered, and given, or
purportedly given, to a person by chance;


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(f) Prohibited call, text message, and/or electronic mail refers to a hoax, junk,
and/or scam call, text message, and/or electronic mail. This message
includes the following:

1. Message congratulating the recipient for winning any prize in a promo
or award of the prize when the recipient did not join or subscribe to
any game or activity of chance;

2. Message supposedly coming from a relative abroad asking the
recipient to reload their "new" roaming number;

3. Message requiring the recipient to register by texting his or her name
and other personal details to a phone number; or

4. Any other similar call, text message, and/or electronic mail;
(g) Text message refers to any message sent via short message service (SMS)

(h) Upselling refers to soliciting the purchase of goods or services following an
initial transaction during a single phone call, text message or electronic mail

(i) Unsolicited call, text message or electronic mail refers to a call, text message
or electronic mail which is not initiated by the recipient of the call and/or text
message such as upselling, surveys, award of the prize when the recipient
did not join or subscribe to any game or activity and/or solicitation to any non-
profit and charitable institution whether or not the call and/or text messages
induce purchases of goods or services.

SEC. 4. Establishment of the No Calls, No Text Messages, and No
Electronic Mails Registries. — The National Telecommunications Commission
(NTC) shall establish No Calls, No Text Messages, and No Electronic Mails Registries
respectively; Provided, that the identity and privacy of the persons registered shall be
kept highly confidential such that only the phone numbers and the electronic mail
addresses may be accessed from the registry.

Any person shall register first with the NTC before they can access the phone
numbers and electronic mail addresses in the registries.

SEC. 5. Allowable Phone 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 18 years of age may be done by their parents or legal guardian.

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

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SEC. 6. Registration in the No Calls, No Text Messages, and No Electronic
Mails Registries. — Outbound and unsolicited calls, text messages, and/or electronic
mails may be managed or limited by any cell phone or electronic mail user by
registering in the No Calls, No Text Messages, and No Electronic Mails Registries
respectively of the NTC.

No outbound and unsolicited calls, text messages, or electronic mails shall be
made or sent to the phone numbers or electronic mail addresses on the No Calls, No
Texts, and No Electronic Mails registries respectively.

SEC. 7. Negative Option Requirement. — A person whose number is not
registered in the registries may manage and limit outbound and unsolicited calls, text
messaging or electronic mails 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 or electronic mail 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 steps to persuade the recipient and immediately stop making any
call or sending any texts or electronic mails 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 registries in order to
make the caller or sender liable for violation for this Act for any subsequent calls, text
messages or electronic mails: Provided, further, That this prohibition shall apply to the
caller or sender regardless of other goods or services offered, and other phone
number used to contact the recipient.

SEC. 8. Information Requirement of the Caller or Sender. — It shall be
unlawful to make an outbound or unsolicited call, text message, or electronic mail
without disclosing the full name of the person making the call or sending the text
message or electronic mail, the company or organization for whose benefit the call,
text message or electronic mail is being made, and the phone number of a fixed line
where such identity can be established and verified: Provided, that the noncompliance
with this section shall constitute an outright violation of the shall be punishable under
this Act.

SEC. 9. Removal of Numbers. — Phone numbers registered in the respective
registries shall not be changed or removed except upon the request of the owner in
writing and those invalid and disconnected phone numbers upon adequate validation
of the NTC.

SEC. 10. Liability of Callers or Senders. — Any person who commits any
violation under this Act either for his or her own benefit or for the benefit of another


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person, company, organization, or association that did not officially engage his or her
services shall both be held separately liable for any violation under this Act.

It shall be the responsibility of any caller or sender to register under Section 4
hereof and to get information on the numbers and electronic mail addresses which are
registered in the registries. Possession of a certified true copy of the registries prior to
the date the call is made, or the text message or electronic mail is sent shall be
considered prima facie evidence of knowledge on the part of the caller or sender.

Non-registration of the caller or sender, as required under Section 4 of this Act,
shall not be an excuse for any liability.

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

SEC. 11. Exception. — This Act shall not apply to a call, text message, or
electronic mail made in order to remind, collect, or update the recipient of his or her
existing bills or credit. subject to applicable laws and pertinent rules and regulations of
the Bangko Sentral ng Pilipinas.

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

(a) Any juridical person who 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 (PhP50,000) or more than One Hundred
Thousand Pesos (PhP100,000) for each violation: Provided, that its officers
directly responsible for the violation shall suffer the penalty of a fine of not
less than Fifty Thousand Pesos (PhPS50,000) but not more than One
Hundred Thousand Pesos (PhP100,000); or

(b) Any person who 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 (PhP50,000) but not more than One Hundred Thousand
Pesos (PhP100,000).

SEC. 13. Implementing Rules and Regulations. — Within ninety (90) days
from the approval of this Act, the Department of Trade and Industry, in coordination
with the NTC and Department of Information and Communications Technology, shall
promulgate the rules and regulations implementing the provisions of this Act.

SEC. 14. Implementing Agency. — The NTC shall enforce the provisions of
this Act and its implementing rules and regulations.


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SEC. 15. Funding. — The NTC shall immediately include in its programs the
implementation of this Act, the initial funding of which shall be charged against its
current year's appropriation. Thereafter, such sums as may be necessary for the
continued implementation of this Act shall be included in the annual General
Appropriation Act.

Proceeds from penalties herein imposed shall accrue to the general fund.

SEC. 16, Separability Clause. — If any provision of this Act is held invalid or
unconstitutional, the other provisions not so declared shall remain in full force and
effect.

SEC. 17. Repealing Clause. — All other laws, decrees, orders, and rules and
regulations contrary to or inconsistent with the provisions of this Act are hereby
repealed or amended accordingly.

SEC. 18. Effectivity. — Notwithstanding the This Act shall take effect fifteen
(15) days after its publication in the Official Gazette or in a newspaper of general
circulation.

Approved,