SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Second Regular Session 
SENA2~5 
S.No. 
8 
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Introduced by Senator Miriam Defensor Santiago 
AN ACT 
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REQUIRING ANTI-THEFT FEA HIRES FOR SMART PI-IONES TO DETER THEFT 
EXPLANATORY NOTE 
The Constitution, Article 2 Section 5 provides: 
Section 5. The maintenance of peace and order, the protection of 
life, liberty, and property, and promotion o[ the general welfare are 
essential for the enj oyment by all the people of the blessings of democracy. 
Cell phone use has become a constant and pervasive aspect of the lives of most or 
almost all Filipinos. It is vital for communication and information dissemination, not only 
for day to day business, school and family concerns, but also for purposes of 
communication during emergencies and national calamities. It has also become part of 
our individual as well as national identity as the text capital of the world. Every person 
has a right to use a phone without fearing for his or her safety. 
Unfortunately, smart phone theft is on the rise in areas all over the country. Not 
only does this pose a threat to physical safety and security, but also to the integrity of 
personal documents and information. Cell phone theft is also a means to commit the more 
insidious crime of identity theft. 
This Act seeks to eliminate smart phone theft by requiring anti-theft features 
installed in all smart phones on the market. 


This Act was adopted in large part from a similar bill filed in the Minnesota State 
Legislature. I 
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MIRIAM ~EFE~o;;ANTI~O 
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1 SF 1740, 3'd Engrossment, 88th Legislature, Minnesota State Legislature. 
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SIXTEENTH CONGRESS OF THE REPUBLIC 
OF TI-IE PI-IILlPPINES 
Second Regular Session 
SENATE 
S. No. 
2558 
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) 
) 
Introduced by Senator Miriam Defensor Santiago 
, ' ~ r~' . i' 
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JAN -5 P 3 :58 
Be it enacted by the Senate and the House a/Representatives of the Philippines in 
. Congress assembled: 
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AN ACT 
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REQUIRING ANTI-THEFT FEATURES FOR SMART PHONES TO DETER THEFT 
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SECTION 1. Short Title. - This Act shall be known as the "Safe Smart Phone 
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Act". 
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SECTION 2. Designation 0/ Lead Agency. - The National Telecommunications 
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Commission (NTC) and the Department of Transportation and Communication (DOTC) 
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shall be responsible for implementing and enforcing the provisions of this Act. The 
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DOTC is hereby authorized to promulgate rules and regulations for the conduct of the 
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same. Any rules and regulations outlining technical standards for safety features must be 
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promulgated at least six (6) months before their enforcement. 
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SECTION 3. Definition ()f Terms - As used in this Act, the term "Smart Phone" 
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means any cellular mobile device that: 
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(I) is buill on a smart phone mobile operating system; 
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(2) possesses advanced computing capability; 
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(3) enables network connectivity; and 
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(4) is capable of operating on a long-term evolution network and successor 
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wireless data network communication standards. 
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Capabilities a smart phone may possess include, but are not limited to, built-in 
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applications, Intcrnet access, digital voice service, text messaging, e-mail, and Web 
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browsing. Smart phone docs not include a phone commonly referred to as a feature or 


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messaging phone, a laptop computer, a tablet device, or a device that has only electronic 
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reading capability; 
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SECTION 4. Anti-Theft Feature Required - Any new smart phone manufactured, 
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sold or purchased in the Philippines, must be equipped with a pre loaded antitheft 
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feature/s or be capable of downloading that feature/so Such features must include, but are 
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not limited to, a kill switch that will deactivate the Smart Phone should it be stolen. The 
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feature/s must be available to purchasers at no cost. 
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Any Smart Phone that does not comply with the standards provided by the DOTC 
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for the enforcement of this Section shall not be allowed for sale. The DOTC shall have 
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the power to determine whether the feature/s is/are compliant with promulgated 
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standards. Such determination must be made on the basis of the report as outlined in 
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Section 5, in accordance with the rules outlined in Section 2 ofthis Act. 
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This provision shall be effective two eighteen (18) months from the effectivity of 
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this Act. 
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SECTION 5. Report on Smart Phone Anti-Theft Functionality. -- Wireless 
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telecommunications equipment manufacturcrs, operating systems providers, and wireless 
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telecommunications service providers must either individually or jointly, within one (l) 
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year from the effectivity of this Act, submit a report to the DOTC. The report must 
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describe the principle functions of a baseline antitheft tool that manufacturers and 
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operating system providers will utilize on new models of smart phones in order to comply 
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with Section 4, and mLlst describe the technology or functions included to ensure the 
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baseline antitheft tool is easily operable by individuals with disabilities. 
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SECTION 6. Separability Clause.- If any provision or part hereof, is held invalid 
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or unconstitutional, the remainder of the law or the provision not otherwise affected shall 
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remain valid and subsisting. 
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SECTION 7. Repealing Clause. ~ Any law, presidential decree or issuance, 
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executive order, letter of instruction, administrative order, rule or regulation contrary to 
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or is inconsistent with the provision of this Act is hereby repealed, modified, or amended 
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accordingly. 
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SECTION 8. Effectivity Clause. ~ This Act shall take effect fifteen (IS) days after 
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its publication in at least two (2) newspapers of general circulation. 
Approved, 
laml17dec2014 
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