Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16™) CONGRESS.
First Regular Session

House Bill No, 45.10

Introduced by Hon, Lorna Q, Velasco

EXPLANATORY NOTE

The use of mobile cellphones permeates the daily lives of a large majority of our
country's population, As such, it becomes, to a great extent, impressed with public
interest. The regulation of its use and its network service providers becomes necessary
to ensure public convenience, security and safety of its users.

Mobile cellphones interconnects users and makes sharing of information among them
easier. However, higher interconnectivity is accompanied by privacy issues. It is of
common occurrence for cellphone users, both postpaid and prepaid subscribers, to
receive promotional texts and advertisements sent by telecommunications companies
via text or short messages (SMS) that jacks up their monthly bills or consumes their
prepaid credit. While some of the messages are received by the subscribers for free,
they still remain unsolicited and intrudes ino the privacy of the user

This bill seeks to prohibit cellphone network companies from sending unsolicited
materials to their subscribers via text message or sHort message service (SMS)

In this present age of constant change and intensive use of ever-evolving technology, it
is incumbent upon us to enact laws that respond timely and appropriately to new safety
and security challenges. Thus, immediate passage of this bill is earnestly sought

A /
eng Khe


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

SIXTEENTH (16™) CONGRESS.
First Regular Session

House Bill No._ 45.10

Introduced by Hon. Lorna Q. Velasco

AN
ACT PROHIBITING CELLPHONE NETWORK COMPANIES FROM SENDING
PROMOTIONS, ADVERTISEMENTS AND OTHER UNSOLICITED MATERIALS TO.
THEIR SUBSCRIBERS VIA TEXT OR SHORT MESSAGE SERVICE (SMS)

Be it enacted by the Senate and the House of Representatives in Congress assembled:

Section 1. Prohibition from Sending Unsolicited Text Messages - With the exception of
legitimate notifications of past due accounts, cellphone network companies are hereby
prohibited from sending unsolicited materials such as advertisements, offering,
promotions, subscriptions and other notifications to their subscribers via text or short
service (SMS).

Section 2. Penalty. - Cellphone network companies found to have violated this Act shall
be punished with a fine of Twenty Thousand Pesos (P20,000.00) to One Hundred
Thousand Pesos (P100,000.00) per violation.

Section 3. Separability Clause. - If any clause, provision, paragraph or part of this Act
shall be declared unconstitutional or invalid, such judgment shall not affect, invalidate or
impair any other part hereof, but judgment shall be merely confined to the clause,
provision, paragraph or part directly involved in the controversy in which such judgment
has been rendered.

Section 4. Repealing Clause. - All laws, decreed, executive orders and other
administrative orders inconsistent with the provisions of this Act are hereby modified,
superseded or repealed accordifialy. :

Section 5. Effectivity - This act shall take effect fifteen days (15) after publication in at
least two (2) national newspapers of general circulation

Approved,