NINETEENTH CONGRESS OF THE 
REPUBLIC OF THE PHILIPPINES 
First Regular Session
S.B. No.
SENATE
813
of ^iTiTtarp
*22 JUL 25 All :25
RECEIVED BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROMOTING CONSUMER PROTECTION AND FOSTERING COMPETITION IN 
THE TELECOMMUNICATIONS INDUSTRY BY MANDATING THE UNLOCKING
OF MOBILE WIRELESS DEVICES
EXPLANATORY NOTE
Switching to another service provider for improved wireless services and better 
options is a consumer right which is impaired by public telecommunications entities 
(PTE) when they lock mobile wireless devices to their respective networks. Such device 
locking makes it difficult for consumers to take advantage of competitive and better 
offers available in the market. Although there exist independent devices or services 
from third parties that unlock the mobile device, this process would normally void its 
warranty.
Locking does not only deprive consumers the easy movement - using the same 
device - from thgir current telecommunications service provider to the one that best 
fits their needs pnd preferences. It also limits competition between and among 
industry players who are able to reduce subscriber turnover by using device locking 
as a deterrent, or even an irritant, to subscribers from switching providers.
While the National Telecommunications Comm.ission has mandated the 
unlocking of mobile phones and devices under Memorandum Circular 01-05-2019 
dated May 31, 2019, Its applicability is limited to (1) postpaid devices after having


complied with the contract period contained in the subscription agreements; and (2) 
prepaid devices after having complied with usage requirements or agreed terms and 
conditions.
This legislative proposal mandates the unlocking of mobile wireless devices 
within definitive six- and nine-month periods from the date of purchase of the device. 
Under this bill, the eligibility of such devices for unlocking does not depend on the 
imposition of different lock-in periods that unduly binds the consumer to the public 
telecommunications entity that no longer provides quality services.
It also mandates unlocking of subsidized units or those mobile wireless devices 
with accompanying subscription contracts before the lapse of the mandated nine- 
month period - on-demand and for a fixed and reasonable unlocking fee without 
voiding their warranties. This allows consumers to effectively have their devices 
officially unlocked at any time without having to resort to third parties for unlocking 
and risking possible warranty issues.
Furthermore, the bill requires every PTE or retailer of mobile wireless devices 
to provide every consumer sufficient information on (1) official channels for unlocking 
mobile wireless devices without voiding their warranties; and (2) the manner, method 
or fee associated with the process of unlocking these devices.
Existing business services and products affected by the implementation of this 
Act are given six (6) months transitory period from the effectivity of the implementing 
rules and regulations to comply with its requirements.
This legislation will contribute to the evolution of a more dynamic marketplace 
In the telecommunications industry where consumer choice is dictated by quality.
price, and best value for money. Its immediate approval is^rnestly sought.
WIN GATCHALIAN


NINETEENTH CONGRESS OF THE ] 
REPUBLIC OF THE PHILIPPINES ] 
First Regular Session 
]
SENATE
S.B. No. 813
of tlu' ^ i
*22 JUL 25 A11 '25
RECEIVED BY:
Introduced by SEN. WIN GATCHALIAN
AN ACT
PROMOTING CONSUMER PROTECTION AND FOSTERING COMPETITION IN 
THE TELECOMMUNICATIONS INDUSTRY BY MANDATING THE UNLOCKING
OF MOBILE WIRELESS DEVICES
Be it enacted by the Senate and the House of Representatives of the Phiiippines in 
Congress assembled:
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Section 1. Short Title. -This Act shall be known as the "Unlock My Mobile Act."
SEC. 2. Declaration of Policy. -The State recognizes the vital role of information 
and communications technology In nation-building. Article 2, Title I of Republic Act 
No. 7394, otherwise known as the "Consumer Act of the Philippines" directs the State 
to protect the interests of consumers, promote their welfare, and establish the 
standards of conduct for business and industry. Towards this end, the State shall 
implement measures to achieve the following objectives: (a) protect the consumer 
against deceptive, unfair, and unconscionable sales act and practices; and (b) provide 
information and education to facilitate sound choice and proper exercise of consumer 
rights.
SEC. 3. Definition of Terms. - As used in this Act:


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a. 
Mobile Services Subscription Contract refers to a n ag reement between a
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public telecommunications entity (PTE) and a consumer for a postpaid subscription
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on the use of such entity's network for wireless communications and other
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telecommunications services covering a particular period of time.
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b. 
Lock-in Period refers to the duration of the mobile services subscription
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contract between the PTE and the consumer within which the latter agrees to
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exclusively maintain a monthly postpaid subscription with such entity.
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c. 
Mobiie Wireless Device refers to any wireless telephone handset, tablet,
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or any other wireless device that operates on a wireless telecommunications network.
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d. 
Pubiic Teiecommunications Entity or PTE refers to any duly enfranchised
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and authorized public telecommunications entity that offers voice, short messaging
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system (SMS) or text, mobile data, value added services (VAS), or any other mobile
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telecommunications services to the public for a fee.
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SEC. 4. Mandating the Uniocking of Unsubsidized Mobiie Wireiess Devices
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within Six Months from Date of Purchase. - A PTE or retailer of mobile wireless devices
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may sell such devices as unsubsidized units or without any accompanying mobile
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services subscription contract while locked to a specific network: Provided, That these
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devices shall be automatically unlocked on or before the sixth month from the date of
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purchase: Provided, further. That it shall be the obligation of the PTE or retailer of
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mobile wireless devices to provide official channels for unlockirig mobile wireless
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devices without voiding their warranties in accordance with Sec. 6 of this Act.
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SEC. 5. Mandating the Uniocking of Subsidized Mobiie Wireiess Devices within
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Nine Months from Date of Purchase; No Extension of Lock-in Period for Subsidized
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Devices without Prior Approval of the National Telecommunications Commission;
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Uniocking on-Demand; Warranty Coverage. - A PTE or retailer of mobile wireless
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devices may sell such devices as subsidized units or with accompanying mobile
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services subscription contract while locked to a specific network: Provided, That the
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total lock-in period for subsidized devices shall in no case exceed the period of nine


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(9) months: Provided/ further, That there shall be no extension of the lock-in period 
for subsidized devices without prior approval of the National Telecommunications 
Commission: Provided, furthermore. That after the completion of the lock-in period or 
upon full payment of the device, the PTE shall unlock the device, or give the consumer 
the means to unlock the same, on-demand, and completely free of charge: Provided, 
finaiiy, That before the completion of the lock-in period, the PTE shall unlock the 
device, or give the consumer the means to unlock the same, on-demand, and for a 
fixed and reasonable unlocking fee.
Mobile wireless devices that have been unlocked under this Section shall 
continue to be covered by their respective warranties.
SEC. 6. Obiigation of Pubiic Teiecommunica ions Entities or Retaiiers to Provide 
Officiai Channeis for Uniocking Mobiie Wireiess Devices Without Voiding Warranties. - 
Every PTE or retailer of mobile wireless devices shall, following the terms and 
conditions under the Implementing rules and regulations of this Act, provide official 
channels for unlocking mobile wireless devices without voiding their warranties.
For purposes of transparency, sufficient information on the manner, method or 
fee associated with the process of unlocking these devices shall be provided to every 
consumer, stipulated in writing, and made an integral part of the mobile services 
subscription contract.
SEC. 7. Administrative Penaities. - For every failure to comply with, or for every 
instance of violation of any provision of this Act, the PTE shall pay a fine of not less 
than One Hundred Thousand Pesos (P100,000.00) up to Three Hundred Thousand 
Pesos (^^300,000.00) for the first offense, and a fine of not less than Four Hundred 
Thousand Pesos (P400,000.00) up to Six Hundred Thousand Pesos (P600,000.00) for 
the second offense. In case of a subsequent offense, the penalty shall be a fine of not 
less than Seven Hundred Thousand Pesos (P700,000.00) up to One Million Pesos 
(PI,000,000.00) and revocation of the PTE's franchise to operate.
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SEC. 8. Implementing Rules and Regulations. - The National 
Telecommunications Commission, in coordination with the Department of Trade and 
Industry, the Department of Information and Communications Technology, the 
Philippine Competition Commission, and other concerned agencies shall, within sixty 
(60) days from the effectivity of this Act, promulgate and submit the Implementing 
rules and regulations (IRR) for its effective implementation. The IRR shall not preclude 
the NTC from issuing subsequent circulars, rules and regulations to make the 
unlocking process more convenient for the consumer.
SEC. 9. Transitory Provision. - Existing business services and products affected 
by the implementation of this Act shall be given six (6) months transitory period from 
the effectivity of the IRR to comply with the requirements of this Act.
SEC. 10. Separability Clause. - If any provision of this Act is held invalid or 
unconstitutional, the other provisions not affected thereby shall remain in full force 
and effect.
SEC. 11. Repealing Clause. -All laws, decrees, executive orders, proclamations, 
rules and regulations, and issuances, or parts thereof which are inconsistent with the 
provisions of this Act, are hereby repealed, amended, or modified accordingly.
SEC. 12. Effectivity. - This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or in any newspaper of general circulation.
Approved,