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,