THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
SENATE 
S. No. >:3zj$ 
INTRODUCED BY HON. MANNY VILLAR 
~ EXPLANATORY NOTE 
The drastic increase in the number of cellular phone subscribers in the 
country is a phenomenon that includes all age groups and all classes of society 
even the hoi polloi. Cellular phones have become an integral part of both 
business and personal lives. However, the increasing number of vehicular 
accidents involving the use of cellular phones while driving transforms this 
technological gadget into a dangerous device. The danger is not only to the lives 
and limbs of the general driving public but also to the innocent pedestrians. 
It is inconceivable and even unsound policy to direct the absolute ban on 
the use of cellular phones while driving. The obvious fact is that people will not 
stop using their cellular phones in the motor vehicle because the range of 
accessibility is irreplaceable and because of the convenience that goes with it. 
The better policy is to promote the responsible use of cellular phones while 
driving and promote driver awareness of the dangers of road traffic. 
On this note, the attached bill prohibits the use of a cellular phone while 
driving a motor vehicle unless such cellular phone is equipped with a hands-free 
device and imposes penalties for violations therefor. 
Accordingly, approval of this bill is highly recommended. 


THIRTEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
Second Regular Session 
INTRODUCED BY HON. MANNY VILLAR 
AN ACT REQUIRING THE MANDATORY COMPLIANCE BY 
MOTORISTS OF PRIVATE AND PUBLIC VEHICLES TO USE HANDS-FREE 
DEVICES WHILE DRIVING 
Be enacted by the Senate and House of Representatives of the 
Philippines in congress assembled: 
Section 1. Short Title. - 
This Act shall be known as the "Hands Free 
Device Act". 
Section 2. Declaration of Policy. - It is hereby declared the policy of the 
State to secure and safeguard its citizenry, particularly the passengers and 
drivers of private and public motor vehicles, from the ruinous and extremely 
injurious effects of vehicular accidents. Towards this end, the State shall pursue 
a more proactive and preventive approach in order to secure the safety of the 
passengers and drivers at all times with the mandatory use by the driver of a 
motor vehicle of a cellular telephone equipped with a hands-free device. 
Section 3. Definition of Terms. - 
For purposes of this Act, the term: 
(a) "Motorist" shall refer to the driver of a motor vehicle. 
(b) "Motor vehicle" shall refer to both private and public motor vehicle. 
(c) "Private motor vehicle" shall refer to any of the following: 
(1) Any motor vehicle owned by individuals and juridical persons for 
private 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 
for official use; and 
(3) Any diplomatic vehicle. 
(d) "Public motor vehicle" shall refer to public utility vehicle or vehicle for 
hire. 


(e) "Motor vehicle of running engine" shall refer to a vehicle as stated 
herein, operating and standing on any road or thoroughfare with 
engine running. 
(9 "Engage in a call" 
(a) means talking into or listening on a handheld cellular telephone. 
(b) does not include holding a cellular telephone to activate, 
deactivate or initiate a function of the cellular telephone, 
(9) "Handheld cellular telephone" means a cellular telephone with which 
(h). "Hands-free device" means an attachment, add-on or addition to a 
cellular telephone, whether or not permanently installed in a motor 
vehicle, that when used allows the motor vehicle operator to maintain 
both hands on the steering wheel. 
a user engages in a call using at least one hand. 
(i). "immediate proximity" means the distance that permits the user of a 
cellular telephone to hear telecommunications transmitted over the 
cellular telephone but that' does not require physical contact with the 
user's ear. 
(j) "using" means: 
(a) holding a cellular telephone to, or in the immediate proximity of, 
(b) pressing the buttons on a cellular telephone to use any of the 
Section 4. Use of cellular telephones while driving; Prohibition; 
the user's ear. 
functions of the cellular telephone. 
Exceptions 
a. person shall not operate a motor vehicle on a highway while using a 
cellular telephone to engage in a call while the motor vehicle is in 
motion unless the cellular telephone is equipped with a hands-free 
device. 
b. an operator of a motor vehicle who holds a cellular telephone to, or in 
the immediate proximity of, the operator's ear while the motor vehicle is 
in motion is presumed to be engaging in a call. This presumption is 
rebuttable by evidence tending to show that the operator was not 
engaging in a call. 
c. this section does not apply to any of the following: 
I. 
law enforcement and safety personnel. 
2. drivers of authorized emergency vehicles. 
3. public transit personnel. 
4. a person who is reporting reckless or negligent behavior. 
5. the use of a cellular telephone for the sole purpose of 
communicating with any of the following regarding an emergency 
situation: 
(a) an emergency response operator. 
(b) a hospital, physician's office or health clinic. 
(c) a provider of ambulance services. 
(d) a provider of fire fighting services. 
(e) a law enforcement agency. 


Section 5. Coverage. - This Act, in the intesest of public safety, shall 
apply to drivers of public and private motor vehicles and other vehicles as may 
be determined by the IRR thereon. 
Section 6. Period of lmplemenfafion. - The LTX> shall be the agency 
primarily responsible in the enforcement and implementation of this Act. Within 
sixty (60) days from the effectivity of this Act, the LTO shall formulate and issue 
the necessary implementing rules, regulations and guidelines and shall mobilize 
available resources to assure the effective implementation of this Act. 
Section 7. Penalties and Fines. - 
In the enforcement of this Act, the LTO 
shall impose fines against drivers for violation of this Act. 
The following shall be the basis in defining fine and penalty provisions of 
the IRR to be promulgated, provided that six (6) months grace period shall be 
allowed to lapse to conduct a nationwide information campaign. 
For engaging in a call using a cellular telephone while the motor vehicle is 
in motion without a hands-free device, a minimum fine of One hundred pesos 
(PIOO) but not to exceed One thousand pesos (P1,OOO) for the first violation; a 
minimum fine of Two hundred pesos (P200) but not to exceed Two thousand 
pesos (P2.000) for the second violation; and a minimum fine of Five hundred 
pesos (P500) but not to exceed Five thousand pesos (P5,OOO) and suspension of 
driver's license for a period of one (1) week for the third and succeeding 
violations; 
Section 8. Nationwide Public lnformation Campaign. - (a) The LTO, in 
coordination with the Philippine lnformation Agency (PIA), the Department of 
Education and private agencies and organizations, shall undertake a regular 
nationwide Information, Education and Communication (IEC) campaign for the 
attainment of the objectives of this Act. The campaign shall stress the safety and 
health value of using hands-free device while engaging in a call using cellular 
telephone while driving to support the most effective enforcement of this Act. 
(b) The LTO, in coordination with the local government units, shall likewise 
utilize the services of citizen groups and community organizations for the 
promotion of public safety awareness in observance of this Act. 
(c) The fines that will be collected for the enforcement of this Act shall be 
used exclusively for the implementation of the provisions of this Act, 
including the necessary promotion campaigns for the use of hands free 
devices. 
Section 9. Separability Clause. - 
If any provision, or part hereof, is held 
invalid or unconstitutional, the remainder of the law or provision not otherwise 
affected shall remain valid and subsisting. 
Section 10. Repealing Clause. - Any law, executive order, decree, 
issuance, ordinance, rule and regulation or any part thereof contrary or 
inconsistent with the provisions of this Act is also hereby repealed, modified or 
amended accordingly. 
Section 11. Effectivity Clause. - This Act shall take effect fifteen (15) 
days after its publication in at least two (2) national newspapers of general 
circulation. 
Approved.