EPRESE
Sei

[3 RECEIVED, %
: RL 208

© pa

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

SIXTEENTH CONGRESS
First Regular Session

House BANG. __ 353

Introduced by BAYAN MUNA.
Representatives NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE

AN ACT
MANDATING THE TELECOMMUNICATIONS SERVICE PROVIDERS TO SEND
FREE MOBILE ALERTS IN THE EVENT OF NATURAL AND MAN-MADE
DISASTERS AND CALAMITIES

EXPLANATORY NOTE,

On average, 19 tropical cyclones or storms enter the Philippine Area of Responsibility in a typical
year and of these usually 6 to 9 make landfall. When Tropical storms Ondoy and Pepeng struck
almost three years ago, leaving hundreds dead and missing, thousands of families displaced and
millions affected, the country bitterly mourned the ineptitude of the government to respond to
calamities and provide needed assistance to the victims. Many of us recalled the Ormoc tragedy
which killed more than eight thousand people when the flash floods swept the city at noon time.

‘The tragic loss of lives during typhoon season is almost a yearly spectacle, which the world can only
watch in awe and disbelief as we suffer yet again. Disaster-prone countries such as Cuba and Japan
have shown how preparedness and efficient alert mechanisms could prevent injuries and loss of
lives. Unfortunately, the government has not learned from their example.

Many victims blame the government's lack of proper response to the situation. Often, the victims
are caught unaware as they were not fully informed of the disaster looming in their midst. Modern
notification systems, such as mobile phone alerts, can be used to augment the existing and inefficient
system. The ubiquity of mobile phones should be maximized to send out emergency alerts, at no
cost to consumers.

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


ZS 2 Was

Rep. CARLOS ISAGANIT. ZARATE
Bayan Muna Party-List



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

SIXTEENTH CONGRESS
First Regular Session

Holise Bill No,_853

Introduced by BAYAN MUNA

Representatives NERI J. COLMENARES and CARLOS ISAGANI T. ZARATE

AN ACT

MANDATING THE TELECOMMUNICATIONS SERVICE PROVIDERS TO SEND
FREE MOBILE ALERTS IN THE EVENT OF NATURAL AND MAN-MADE

DISASTERS AND CALAMITIES

Be it 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 Free Mobile Disaster Alerts

Act.”

SEC. 2. Declaration of Policy. The State shall at all times, protect its citizenry in the events
of natural or man-made disasters and calamities. It shal likewise exhaust all possible means to notify
and inform its constituents of the impending disasters to prevent injuties, destruction and loss of
lives and property.

SEC. 3. Definition of Terms.

“Mobile phone service provider”, “service provider” or “telecommunication
company” refers to any person, firm or partnership or corporation, government or
private, granted a legislative franchise by Congress to provide cellular mobile
telephone services to the general public, and issued certificates of public convenience
and necessity (CPCN) by the National Telecommunications Commission (NTC).
“Mobile cellular phone”, “mobile phone”, or “cellphone” refers to a mobile
telecommunication device that uses a combination of radio transmission and
conventional telephone switching to permit telephone communication to and from
mobile users within a specified are of cell.

“Basic mobile phone services” refer to short messaging service (SMS) ot text
messaging and voice call services.

“Short messaging service” (SMS) refers to a service that allows short, alphanumeric
messages to be sent to cellular phone display panels.

“Multimedia messaging service” (MMS) refers to standard for telephony messaging
systems that allows sending messages, including multimedia objects (images, audio,


video, rich text), and not just text messages through the short messaging service
(SMS).

£. “Auxiliary mobile phone service” refers to balance inquiry, customer support,
prepaid reloading services, and emergency alerts.

SEC, 3. Mobile Disaster Alerts. - In the event of an impending tropical storm, typhoon,
tsunami, or other calamities, mobile phone service providers are mandated to send out alerts at
regular intervals as required by National Disaster Risk Reduction Management Council (NDRRMC)
and Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA),
Philippine Institute of Voleanology and Seismology (PHILVOCS) and other relevant agencies.

‘The alerts shall consist of up-to-date information from the relevant agencies, and shall be
sent directly to the mobile phone subscribers located near and within the affected areas. The alerts
shall include contact information of local government units and other agencies required to respond
to the situation. The alerts may contain other relevant information, such as, but not limited to,
evacuation areas, relief sites and pick-up points.

‘The alerts, shall be at no cost, whether direct or indirect, to the consumers; and shall be
included as part of the service providers auxiliary service. The alerts may be in the form of SMS (text
messages), MMS, or email, as needed and appropriate

SEC. 4. Report of Violations. Any natural or juridical person may report before the NTC
any violation of this Act.

SEC. 5. Penalties
4. Any person who gives false or misleading data or information ot willfully or through
gross negligence, conceals or falsifies a material fact, in any investigation, inquiry,

study, or other proceeding held pursuant to this Act, shall be punished with
imprisonment of not less than two but more than six months, and with a fine of not
Jess than One Thousand Pesos (Php 1,000.00) but not more than Ten Thousand
Pesos (Php 10,000.00); Provided, however, that if the false ot misleading data or
information shall have been under oath, the maximum penalty for giving false
testimony or perjury shall be imposed;

b, If the offender is a corporation, the penalties may range from the imposition a fine
not less than One Million Pesos (Php 1,000,000.00) but not more than Ten Million
Pesos (Php 10,000,000.00) and/or a suspension or revocation of its Legislative
Franchise and other permits and licenses by NTC. The maximum penalties
prescribed in paragraph (a) shall also be imposed on the members of its board
and/or management, as applicable.

¢. Analien violating this Act shall, in addition to the penalty herein provided, be
deported after service of sentence and shall not be permitted reentry into the
Philippines.

d. All monetary penalties shall directly accrue to the National Treasury.

SEC. 6. Implementing Rules and Regulation, ‘The Department of Transportation and
‘Communications, National Telecommunications Commission, National Disaster Risk Reduction
Management Council and Philippine Atmospheric and Geophysical and Astronomical Services


‘Administration and other relevant government agencies shall, within sixty (60) days from the
effectivity of this Act, submit the implementing rules and regulations (IRR) governing this Act.

SEC. 7. Amendatory and Repealing Clause. ~ All laws, decrees, orders, rules and
regulations, ordinances, ot any parts thereof, inconsistent herewith are hereby repealed or modified
accordingly.

SEC. 8. Separability Clause. ~ If any provision of this Act is subsequently declared
unconstitutional, the validity of the remaining provisions hereof shall remain in full force and effect.

SEC. 9. Effectivity Clause. — This Act shall take effect immediately after its complete
publication either in the Official Gazette or in a newspaper of general circulation in the Philippines

Approve,