FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Susan A. Yap

EXPLANATORY NOTE

A road incidental report prepared by the Philippines Global Road Safety
Partnership (PGRSP) and the Philippine Natierrtl Police (PNP) showed that cell phone-
related accidents significantly jumped from 70 cases in 2008 to 491 in 2009. This
translates to an increase of 601 percent in road accidents involving motorists using
cellular phones while driving. The PGRSP-PNP report showed that the total number of
rond-related deaths reached 624 last year, including accidents involving motorists using
cellular phones while driving.

While cellular phones have become an integral part of both our business and
personal lives, the alarming figures on cell phone-related accidents transform 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.

Since the necessity of using mobile phones does not prevail over the need to
ensure road safety this bill proposes to regulate the use of mobile phones while
driving through promoting hands free devices so that drivers may not be
distracted while driving. It promotes the responsible use of cellular phones while
driving and promotes driver awareness of the dangers of road traffic.

In view of the foregoing, passage of this bill is urgently requested.

SUSAN

Representative, 2" of Tarlac


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FIFTEENTH CONGRESS )
OF THE REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

HOUSE OF REPRESENTATIVES

House Bill No._ 318

Introduced by Representative Susan A. Yap

AN ACT

REGULATING THE USE OF MOBILE PHONE WHILE DRIVING,
PROVIDING PENALTIES IN VIOLATION THEREOF AND FOR
OTHER PURPOSES

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

Section 1. Declaration of Policy. - I is the policy of the State to maintain peace
and order, protect life, liberty and property, and promote the general welfare of the
people.

While the State recognizes the vital role of communication and information in
nation-building, the State puts premium on the life and safety of its citizens by regulating
the use of communication gadgets.

Sec. 2. Definition of Terms. - As used in this Act, the following terms
shall mean:

8) Cellular Phone - is a portable electronic device used for mobile voice or data
communication over a network of specialized base stations known as
cell sites. In addition to the standard voice function of a cellular phone, current mobile
phones may support many additional services and accessories, such as SMS for text
messaging, email, pachet switching for access to the internet, gaming, bluctooths,
infrared, camera with video recorder and MMS for sending and receiving photos and
videos.

b) Text Messages - Means the use of message sending by pressing the keypad of
the cellular phone in composing a message and sending it through the phone;

©) Accessories - means the devise or apparatus that can be connected to the
cellular phone such as, but not limited to earphones, microphones, jacks, which are
capable of sending, receiving, storing or otherwise processing messages from other
modes of communication.

Sec. 3. Use of Cellular Phone While Driving. To carry out the above-
mentioned policy, the use of mobile phones for text messaging and/or for dial-up
communication shall be allowed while driving all types of vehicles: Provided, ‘That,
different hands-free accessories shall be connected therein.


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‘This section does not apply to a person using a wireless telephone for emergency
purposes, including but not limited to, an emergency call to a law

enforcement agency, health care provider, fire department, or other emergency services
agency or entity.

This section does not also apply to emergency services professional using a
wireless telephone while operating an authorized emergency vehicle, in the course and
scope of higher duties

Sec. 4. Penal Provision -Violation of this Act shall be punishable by:

(a) First Offence -fine of Three Thousand Pesos (P 3,000.00);
(b) Second Offense - fine of Five Thousand Pesos (P 5,000.00);
(Third and succeeding Offenses — a fine of not less than Five Thousand Pesos
(P 5,000.00) but not more than Ten Thousand Pesos (P 10,000.00) and/or imprisonment
of not more than one (1) year at the discretion of the Court.

Sec. 5. Separability Clause. - If any part, section, or provision of this Act shall be
held invalid or unconstitutional, the other provisions shall not be affected thereby.

Sec. 6. Repealing Clause. - All laws, decrees, orders, issuances, tules and
regulations or parts thereof inconsistent with the provisions of this Act are hereby
repealed, amended, or modified accordingly.

Sec. 7. Effectivity. This Act shall take effect fifteen (15) days after its publication
in at least two (2) national newspapers of general circulation,

Approved,