Republic of the Philippines
House of Representatives

Constitution Bills, Quezon City

Fifteenth Congress

First Regular Session

3302
Introduced by HON. ROMEO M. ACOP

EXPLANATORY NOTE

“Multi-tasking behind the wheel.’ — a situation where the driver or operator of a
motor vehicle is simultaneously doing another thing or act while in operation of the
vehicle. A dangerous predicament not only to the driver and his passengers but to the
general public who may be riding in other vehicles or simply walking along the road if
the errant driver loses control of the vehicle as a result of the distraction.

Also often called “distracted driving’, using a cell phone or other electronic device
while driving, particularly the sending (texting) and reading of messages in the cell
phone through SMS (Short Message Service), effectively removes the visual focus of
the driver from the road and diminishes his degree of concentration on the safety of his
driving. Studies have shown that this distraction caused by the use of a cell phone while
driving poses a greater danger of an accident occurring as triggered by it than that of
alcohol inducement. In fact, researchers at Harvard University have estimated that
drivers using cell phones cause 2,800 fatal crashes a year and another 570,000
accidents which resulted in injuries in the United States alone. Seven states have
banned the use of hand held cell phones while driving and another 19 states have
banned texting for all drivers" Unfortunately, while the Phillippines is reputed as the
“texting capital of the world’, no studies have been conducted, neither serious attention
been given to address the problem. Certainly, no prior study is required to justify the
regulation of distracted driving as the potential dangers it poses are too obvious even to
a simple mind.



Considering that telecommunications company are presently offering the market
more sophisticated gadgetry unimaginable a few years back altering our perceptions of
reality and significantly modifying our behaviors such as driving ways and habits, a
combination of legislations with penalties and educational campaigns are now needed
to reduce the incidence of distracted driving and its terrible consequences to life and
property.

For these reasons, the immediate passage of this bill is earnestly sought.

PGBS DIY GEE FRY ZED, Co REE


Republic of the Philippines
Bouse of Representatives

Constitution Hills, Queson City

Fifteenth Congress
First Regular Session

House Bill No. 3.302

Introduced by HON. ROMEO M. ACOP.

AN ACT
PROHIBITING THE ACT OF SENDING OR READING MESSAGES OR TEXTING
THROUGH THE SMS (SHORT MESSAGE SERVICE) USING THE CELLULAR
PHONE OR SIMILAR DEVICES WHILE DRIVING A MOTOR VEHICLE AND.
PROVIDING PENALTIES THEREFOR

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

SECTION 1. Declaration of Policy - It is the policy of the State to protect the commuting
public, by means of mass and private transportation, the pedestrians, and the general public
Who utilize the roads and highways, from the risks arising out of certain acts committed by
drivers or persons while in operation of motor vehicles which result to accidents and casualties
to life and property.

Modern technology has produced portable and wireless equipment and tools which
provide greater mobility and convenience in communication, particularly in the sending of
written messages electronically. The ease brought by technology in conducting communication
activities has encouraged people in engaging in so-called “multi-tasking behind the wheel’, that
a person driving a motor vehicle does communicate simultaneously with the use of equipment
such as a cellular phone. This manner of distracted driving poses great risks to the safety of the
general public.

While the State recognizes the right of the people to communication and to take
advantage of the benefits of modern technology, the State also weighs in the balance its duty to


promote the safety of the public from the acts of persons which have become inimical in the
exercise and enjoyment of these rights and to regulate such acts.

SECTION 2. Prohibited Acts - It shall be unlawful for any person, while in the act of driving
or operating a motor vehicle, to send or read a message or ‘text’ through the Short Message
Service (SMS) of a cellular phone or similar devices for the same purpose, and similar use of
such devices which effectively remove the visual focus of the driver or operator of the motor
vehicle from the road and/or his attention to the safe operation of the vehicle used; Provided,
that if the commission of the act herein proscribed resulted to the commission of other offenses
penalized by law, it shall be considered as a distinct and separate offense.

SECTION 3. Penalties - The following penalties shall be imposed upon any person who
violates the provision of this Act :

a) Imprisonment of one (1) year; and,
b) A fine of Ten (10) Thousand Pesos.

SECTION 4. Implementing Rules and Regulations - The Department of Transportation
and Communication, in coordination with the Philippine National Police, shall, within sixty (60)
days from the effectivity of this Act, issue the pertinent Rules and Regulations for the effective
implementation of this Act.

SECTION 5. Effectivity - This Act shall take effect after the lapse of fifteen (15) days from
the date of its publication in two (2) newspapers of general circulation.

Approved.