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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5382

Introduced by Representative Manuel Luis T. Lopez

EXPLANATORY NOTE

The making of false bomb threats has been a convenient way to for people to be
able to avoid attending to their daily duties and responsibilities. Besides the usual
motives and intent of terrorist groups, these pranksters, through these malicious acts,
create widespread panic and sow fear and confusion among the people. We need to take
note is that, these threats have been made in various establishments and industries,
namely: schools, offices, malls, government buildings and other commercial
establishments among others. Such threat is something that cannot be taken lightly and
this often results to suspension of classes and work stoppage. More importantly, it creates
panic, confusion, and sows an atmosphere of disorder which has a long and wide-ranging
impact on the minds and hearts of Filipinos and in the eyes of the international
community. This is considered a clear danger to the safety of the people as well as a
hazard to public order.

In November 2016, a complainant in a theft case received a text message relaying
that a bomb would explode at the Marikina City Prosecutor's Office. However, this
problem is not limited to establishments located in Metro Manila. In September 2016,
classes at the Sta. Rosa Elementary School in Laguna were suspended after one of the
teachers received a text message that a bomb would explode in the school compound?
Also in the same month, the Nueva Viscaya General Comprehensive High School received
a text message that a bomb would explode in the school premises.*

2 Jodee A. Agoncillo, Complainant gets bomb threat at Marikina City Prosecutor's Office, PHIL. DAILY INQ,
Nov. 28, 2016, _hitp://newsinfo inquirer.net/848759/complainant-gets-bomb-threat-at-marikina:

prosecutors-office (last accessed February 8, 2017).
> Maricar Cinco, Bomb threat cancels school in Laguna school, PHIL. DAILY INQ, Sept. 26,2016,
http://newsinfo,inquirer.net/819049/bomb-threat-cancels-classes-in-laguna-school (last accessed

February 8, 2017).
> Melvin Gascon, Nueva Vizcaya suspends classes due to bomb threats, PHIL. DAILY INQ. Sept. 16,2016,

hutp://newsinfo.inquirer.net/815912/nueva-vizcaya-school-suspends-classes-over-bomb-scare (last.
accessed February 8, 2017).


The common denominator in all these false threats is essentially the anonymity of
the person sending the text message to the aforementioned institutions. This is the major
roadblock that oftentimes prevents the resolution of these crimes because the police
authorities are not able to clearly attribute a particular prank to a known individual. They
often hide behind a prepaid mobile number or a fake social media account so as to avoid
any way of being traced.

‘These issues were certainly identified during a Technical Working Group (TWG)
meeting for House Bills 421, 1393, 3699 and 4882 (Anti False Bomb Threat bills)
conducted by the Committee on Public Order and Safety chaired by the undersigned. The
representatives from the PNP, DOJ, and Ateneo De Manila University among others,
echoed the same sentiments. All stakeholders clearly point to the lack of identification
mechanism in both PREPAID SIM Cards and bogus social media accounts. The
undersigned as the TWG Chair concluded by saying that “for this measure to be truly
effective we need to include provisions identifying the culprit of these malicious acts.”

With all these findings, it is of utmost concern that the necessary safeguards and
identification mechanisms be established to enable the proper authorities to determine
the identity of these pranksters. Only when the government authorities are able to
pinpoint the root cause of this problem can they begin to hold certain individuals
responsible for the commission of this crime. Without any means of identifying these
anonymous texters and personalities behind the fake social media accounts, we will not
be able to put a stop to this recurring criminal act. Thus, a more responsive and concrete
solution must be adopted in order to really make an effective change regarding this
problem

In view of the foregoing, the passage of this bill is earnestly sought.

Hof) iL LUIS T. LOPEZ

Spresentative
1° District, City of Manila


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

SEVENTEENTH CONGRESS
First Regular Session

HOUSE BILLNo._5382

Introduced by Representative Manuel Luis T. Lopez

AN ACT
MANDATING THE COOPERATION OF ALL TELECOMMUNICATIONS CORPORATIONS,
INTERNET SERVICE PROVIDERS, AND SOCIAL MEDIA NETWORKS IN CREATING AN
EEFICIENT IDENTIFICATION MECHANISM FOR THE DETERENCE OF THE
COMMISSION OF TERRORIST ACTIVITIE SAND PROVIDING PENALTIES FOR A
VIOLATIO THEROF

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

SECTION 1. Short Title. - This Act shall be known as “Terrorism Threat
Deterrence Act of 2017.”

SEC. 2, Declaration of Policy. - The 1987 Constitution provides that “The
maintenance of peace and order, the protection of life, liberty, and property, and the
promotion of the general welfare are essential for the enjoyment by all the people of the
blessings of democracy.”

It is hereby declared the policy of the State to provide a proper identification
mechanism that would enable the government agencies to immediately determine the
person/s behind the commission of terrorist threats that continues to pose a danger to
the life and safety of the people.

SEC. 3. Definition of Terms. - As used in this Act, the following terms are defined
as follows:

a. Telecommunications Network Corporation- refers to any entity or
corporation engaged in the business of providing services for the
transmission of information, as words, sounds, or images, usually over
great distances, in the form of electromagnetic signals, as by telegraph,
telephone, radio, television, or computer network.

b. Social Media Network- refers to entities providing Internet-based software


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and/or cellular/ smart phone applications that allow individuals to
interact with one another, exchanging details about their lives such as
biographical data, professional information, personal photos, and where
users can create online communities to share information, ideas, personal
messages, and other content.

c. Internet Service Provider (ISP’s)- refers to a company that provides
customers with Internet access wherein the data may be transmitted using
several technologies, including dial-up, DSL, cable modem, wireless or
dedicated high-speed interconnections. ISPs also provide their customers
with the ability to communicate with one another by providing Internet
email accounts, usually with numerous email addresses at the customer's
discretion. Other services, such as telephone and television services may
be provided as well.

d. Terrorist Threat- refers to any act involving a threat to commit violence
whether communicated verbally, or through telephone, cellular phone, text
message, or social media network with or without the intent to terrorize
another, to cause evacuation of a building, or to cause serious public
inconvenience, in reckless disregard of the risk of causing such terror or
inconvenience. It may mean an offense against property or involving
danger to another person that may include but is not limited to recklessly
endangering another person, harassment, stalking, ethnic intimidation,
and criminal mischief.

SEC. 4. Coverage. - Mandatory Registration of PREPAID SIM CARDS. - All
authorized dealers and direct sellers of PREPAID SIM CARDS are mandated to register
the name and other pertinent information of the purchasers by requiring 2 valid
government issued Identification Cards and a certification from the Barangay where they
reside that they are indeed a resident of the said place. If the authorized dealers and direct
sellers of these Telecommunications Network Corporations are not capable of complying
with the logistical and registration requirements, they are hereby prohibited from further
engaging in selling pre-paid mobile SIM cards.

For tourists and other foreign nationals who seek to purchase and use a PREPAID
SIM Card in the Philippines, they are required to submit a photocopy of their passport or
travel document and must state their place of temporary residence, contact information
and expected length of stay in the country.

SEC. 5, Submission of Documents. - A certified true copy of these requirements
must be reproduced in triplicate, which shall be sent to the Telecommunications Network
Corporation involved, the National Telecommunications Commission (NTC), and the
authorized dealer or direct seller for their filing and registration.


SEC. 6. Mandatory Identity Registration for Social Media Subscribers. - All
Social Media Network Providers, whether local or foreign, are hereby required to obtain
any proof of identity authentication or validation from all its users, potential registrants,
and subscribers. The manner this is to be accomplished is by requiring each registrant
and subscriber to send an electronic copy of any government issued ID. All
communications made under this Act shall be considered of a privileged nature.

SEC. 7. Penalties. - Failure of the Telecommunications Network Corporation
and/or its authorized representative to comply with the provisions of this Act without
any sufficient and valid justification shall be punished by imprisonment of not less than
5 years but not more than 10 years or a fine of not less than Five Million Pesos
(P5,000,000) but not more than Fifty Million Pesos (P50,000,000) or both.

Failure of the Social Media Network or ISP's to comply with the provisions of this
Act without any sufficient and valid justification shall be punished with imprisonment of
not less than 3 years but not more than 6 years or a fine of not less than One Million Pesos
(P1,000,000) but not more than Twenty Million Pesos (P 20,000,000).

In case of any other violation of this Act, if the person/s or entity involved is found
liable, they shall suffer the penalties of imprisonment of not less than 1 year but not more
than 3 years or a fine of not less than One Hundred Thousand Pesos (P100,000) but not
more than One Million Pesos (P 1,000,000).

SEC. 8. Transitory Provision. - All Telecommunications Network Corporations
are given a grace period of 180 days to mandatorily register all existing Prepaid SIM cards
while all ISP’s and Social Media Networks are given 120 days from the effectivity of the
IRR to comply with the registration requirements as provided in this Act. After the lapse
of the said period, all covered institutions must have complied and executed the
necessary registration requirements as laid out in this Act.

SEC. 9. Implementing Rules and Regulations and Standard Forms, - Within sixty
(60) days from the promulgation of this Act, the necessary rules and regulations for the
proper implementation of its provisions shall be formulated by the appropriate
government office or agency, subject to the approval of the President of the Philippines.
For a period not later than thirty (30) days upon the approval of the implementing rules
and regulations, the standard forms for the checklist shall be formulated and approved.

SEC. 10. Repealing Clause. - All laws, ordinances, executive orders,
administrative orders, rules, regulations, decrees, and other issuances or parts thereof,
which are inconsistent with the provisions of this Act are hereby revoked, repealed, or
modified accordingly.


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SEC. 11. Separability Clause. - If any provision of this Act is held unconstitutional
or invalid, the other provisions not affected thereby shall continue in operation and
remain in full force and effect.

SEC, 12, Effectivity Clause. - This Act shall take effect fifteen (15) days after its
publication in a newspaper of general circulation or the Official Gazette.

Approved,