FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
Senate Bill No. 290 0 
'11 
JUL 25 P 6 :53 
RECEIVED HY:-t-
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
EXPLANATORY NOTE 
The unabated advancement in telecommunications made it easier and cheaper 
to send messages to other people, regardless if the sender knows them or not, or 
if the recipient requested for the message or not. According to an article in Asia 
Africa Intelligence Wire as early as 2005, Mr. Ben Corby, chief executive officer 
of Australian anti-spam firm Total Block stated that "about half of the daily 35 
billion emaifs sent worldwide last year was unsolicited". 
Spam is defined as "unsolicited email, often of a commercial nature, sent 
indiscriminately to multiple mailing lists, individuals, or newsgroups". For a time, 
spam messages both in electronic mails and cellular phones were manageable 
and were tolerated by subscribers. However, it has tremendously increased in 
the past years that according to recent statistics quoted by Elite email platform in 
September 2010, "spam has grown to represent almost 80% of total email traffic 
with estimated impact to the global economy of approximately US$25 billion 
dollars per year". 
Spam poses threat, including security and virus, both to the users and the 
networks which prompted internet service providers to undertake anti-virus and 
anti-spam measures. A relevant number of countries have also enacted spam 
control laws for this purpose. 
This proposed measure seeks to protect the internet and phone users from 
unsolicited commercial communications sent by electronic mail, text message or 
multimedia message. For this purpose, the bill proposes to formulate a code of 
practice, which, among others, will set "minimum standards of technical 
measures to effectively control the sending of unsolicited commercial electronic 
messages". Patterned after the spam control laws of other countries, it also 
provides for an unsubscribe facility which enables the recipients to block the 
spam sender from further sending unsolicited messages. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
Senator 


, 
FIFTEENTH CONGRESS OF THE REPUBLIC) 
OF THE PHILIPPINES 
) 
Second Regular Session 
) 
SENATE 
Senate Bill No. 2 9 0 0 
'11 
JUL 25 P 6 :53 
INTRODUCED BY SEN. JINGGOY EJERCITO ESTRADA 
AN ACT 
TO PROVIDE FOR THE CONTROL OF SPAM, WHICH IS UNSOLICITED 
COMMERCIAL COMMUNICATIONS SENT IN BULK BY ELECTRONIC MAIL 
OR BY TEXT OR BY MULTIMEDIA MESSAGING TO MOBILE TELEPHONE 
NUMBERS, AND FOR OTHER PURPOSES 
Be it enacted by the Senate and the House of Representatives of the Philippines 
in Congress assembled: 
CHAPTER 1 
GENERAL PROVISIONS 
1 
SECTION 1. Short Title. - This Act shall be known as the "Spam Control Act of 
2 
2011". 
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4 
5 
SEC. 2. Declaration of State Policy. - It shall be the policy of the State to uphold 
6 
the role of communication and information in nation-building by protecting the 
7 
rights and privacy of the people who are availing of the technologies of 
8 
telecommunications. 
9 
10 
II 
SEC. 3. Definition of Terms. - As used in this Act: 
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13 
(a) "address harvesting software" means software that is specifically 
J 4 
designed or marketed for use for -
15 
1. searching the internet for electronic addresses; and, 
16 
2. collecting, compiling, capturing or otherwise harvesting 
17 
those electronic addresses; 
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19 
(b) "Commission" refers to the National Telecommunications Commission 
20 
(NTC); 
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22 
(c) "business day" means any day other than a Saturday, Sunday or public 
23 
holiday; 
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25 
(d) "dictionary attack" means the method by which the electronic address of 
26 
a recipient is obtained using an automated means that generates 
1 


I 
possible electronic addresses by combining names, letters, numbers, 
2 
punctuation marks or symbols into numerous permutations; 
3 
4 
(e) "electronic address" means an electronic mail address or a mobile 
5 
telephone number to which an electronic message can be sent; 
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7 
(f) "header information" means the source, destination and routing 
8 
information attached to an electronic message, including, where 
9 
applicable, the originating domain name and originating electronic mail 
10 
address, and any other information that appears in the line identifying, or 
11 
purporting to identify, the sender of the message; 
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13 
(g) "Internet access service provider' means a person who provides a 
14 
service to give the public access to the Internet; 
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16 
(h) "mistake" means reasonable mistake of fact; 
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18 
(i) "recipient', in relation to an electronic message, means an authorized 
19 
user of the electronic address to whom the message is sent, and where a 
20 
recipient of an electronic message has one or more electronic addresses 
21 
in addition to the address to which the message was sent, the recipient 
22 
shall be treated as separate recipient with respect to each such address; 
23 
24 
0) "sender', in relation to an electronic message, means a person who 
25 
sends the message, causes the message to be sent, or authorizes the 
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sending of the message; 
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28 
(k) "unsubscribe requesf' means a request by a recipient of an electronic 
29 
message, requesting the sender to cease sending any further electronic 
30 
messages to his electronic address. 
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32 
33 
SEC. 4. Commercial Electronic Message. - In this Act, a commercial electronic 
34 
message is an electronic message, where, having regard to -
35 
(1) the content of the message; 
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(2) the way in which the message is presented; and, 
37 
(3) the content that can be located using the links, telephone numbers or 
38 
contact information, if any, set out in the message, 
39 
it is concluded that the primary purpose of the message is -
40 
(a) to offer to supply goods or services; 
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(b) to advertise or promote goods or services; 
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(c) to advertise or promote a supplier, or a prospective supplier, of goods or 
43 
services; 
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(d) to offer to supply land or an interest in land; 
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(e) to advertise or promote land or interest in land; 
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(f) to advertise or promote a supplier, or a prospective supplier, of land or an 
47 
interest in land; 
48 
(g) to offer to provide a business opportunity or an investment opportunity; 
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(h) to advertise or promote a business opportunity or an investment 
50 
opportunity; 
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(i) to advertise or promote a provider, or a prospective provider, of a 
52 
business opportunity or an investment opportunity; 
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G) to assist or enable a person, by deception, to dishonestly obtain property 
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belonging to another person; 
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(k) to assist or enable a person, by deception, to dishonestly obtain a 
56 
financial advantage from another person; or 
2 


1 
(I) to assist or enable a person to dishonestly obtain a gain from another 
2 
person. 
3 
4 
For purposes of paragraphs (a) to (i), it is immaterial-
5 
(1) whether the goods, services, land, interest or opportunity exists; or, 
6 
(2) whether it is lawful to acquire the goods, services, land or interest, or take 
7 
up the opportunity. 
8 
9 
10 
SEC. 5. 
Sender of Commercial Electronic Message. - Any of the following 
11 
persons may be the individual who, or entity which, is the sender of the message: 
12 
(1) the supplier or prospective supplier referred to in paragraph (c) or (f) of 
13 
Section 4 of this Act; 
14 
(2) the provider or prospective provider referred to in paragraph (h) of Section 
15 
4 of this Act; 
16 
(3) the first-mentioned person referred to in paragraph 0), (k), or (I) of Section 
17 
4 of this Act. 
18 
19 
Subject to the following paragraph, a person who knowingly allows his product or 
20 
service to be advertised or promoted by a sender shall be deemed to have 
21 
authorized the sending by the sender of any electronic message that advertises 
22 
or promotes that person's product or service. 
23 
24 
For the purposes of the preceding paragraph, a person who takes reasonable 
25 
steps to stop the sending of any electronic message that advertises or promotes 
26 
that person's product or service shall be deemed not to have authorized the 
27 
sending of the message. 
28 
29 
30 
SEC. 6. Electronic Message. - In this Act, subject to Section 5 of this Act, an 
31 
electronic message is a message sent to an electronic address. However, it is 
32 
not an electronic message if it sent by way of a voice call made using a 
33 
telephone service. 
34 
35 
For this purpose, it is immaterial-
36 
(1) whether the electronic address exists; or, 
37 
(2) whether the message reaches its intended destination. 
38 
39 
40 
SEC.7. "Unsolicited", Defined. -In this Act, an electronic message is unsolicited 
41 
if the recipient did not-
42 
(a) request to receive the message; or. 
43 
(b) consent to the recipient of the message. 
44 
45 
A recipient shall not be treated as having requested to receive the message or 
46 
consented to the receipt of the message merely because the electronic address 
47 
of the recipient was given or published by or on behalf of the recipient. 
48 
49 
Where a recipient of an electronic message, other than an unsolicited electronic 
50 
message, submits an unsubscribe request, he shall not be treated as having 
51 
requested to receive or consented to the receipt of any message sent after the 
52 
expiration of ten (10) business days after the day on which the unsubscribe 
53 
request is submitted. 
54 
55 
3 


1 
SEC. 8. 
"Sending in Bulk'; Defined. -
For purposes of this Act, electronic 
2 
messages shall be deemed to be sent in bulk if a person sends, causes to be 
3 
sent or authorizes the sending of -
4 
(a) more than one hundred (100) electronic messages containing the same 
5 
or similar subject matter during a 24-hour period; 
6 
(b) more than one thousand (1,000) electronic messages containing the 
7 
same or similar subject matter during a 30-day period; or 
8 
(c) more than ten thousand (10,000) electronic messages containing the 
9 
same or similar subject matter during a one-year period. 
10 
11 
The Commissioner may, by order published in the Official Gazette, vary the 
12 
number of electronic messages specified in this Section. 
13 
14 
15 
SEC. 9. Application of this Act. - This Act shall not apply unless an electronic 
16 
message has a Philippine link, which can be determined by the following 
17 
circumstances: 
18 
19 
(a) the message originates in the Philippines; 
20 
(b) the sender of the message is-
21 
i. an individual who is physically present in the Philippines 
22 
when the message is sent; or 
23 
ii. an entity whose central management and control is in the 
24 
Philippines when the message is sent; 
25 
(c) the computer, mobile telephone, server or device that is used to access 
26 
the message is located in the Philippines; 
27 
(d) the recipient of the message is-
28 
i. an individual who is physically present in the Philippines 
29 
when the message is accessed; or, 
30 
ii. an entity that carries on business or activities in the 
31 
Philippines when the message is accessed; or, 
32 
(e) if the message cannot be delivered because the relevant electronic 
33 
address has ceased to exist (assuming that the electronic address 
34 
existed), it is reasonably likely that the message would have been 
35 
accessed using a computer, mobile telephone, server or device located in 
36 
the Philippines. 
37 
38 
39 
SEC. 10. Excluded Electronic Messages. - Notwithstanding Section 9, this Act 
40 
shall not apply to any electronic message where the sending of the message is 
41 
authorized by the Government or a statutory body on the occurrence of any 
42 
public emergency, in the public interest or in the interests of public security or 
43 
national defense. 
44 
45 
For this purpose, if any doubt arises as to the existence of a public emergency or 
46 
as to whether any electronic message is sent in the interests of public security or 
47 
national defense, a certificate signed by the Commissioner shaH be conclusive 
48 
evidence of the matters stated therein. 
49 
50 
51 
CHAPTER 2 
52 
DICTIONARY ATTACK AND ADDRESS HARVESTING SOFTWARE 
53 
54 
55 
SEC. 11. Application. - This part shall apply to all electronic messages, whether 
56 
or not they are unsolicited commercial electronic messages. 
57 
4 


1 
2 
SEC. 12. 
Use of Dictionary Attack and Address Harvesting Software. -
No 
3 
person shall send, cause to be sent, or authorize the sending of an electronic 
4 
message to electronic addresses generated or obtained through the use of -
5 
(a) a dictionary attack; or, 
6 
(b) address harvesting software. 
7 
8 
9 
CHAPTER 3 
10 
UNSOLICITED COMMERCIAL ELECTRONIC MESSAGES 
11 
12 
13 
SEC. 13. Application. - This Chapter shall apply only to unsolicited commercial 
14 
electronic messages. 
15 
16 
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SEC. 14. Requirements for Unsolicited Commercial Electronic Messages. - Any 
18 
person who sends, causes to be sent or authorizes the sending of unsolicited 
19 
commercial electronic messages in bulk shall comply with the requirements 
20 
stated in this Section. 
21 
22 
A. Unsubscribe Facility 
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24 
(1) Subject to subparagraphs (2) and (3), every unsolicited commercial 
25 
electronic message shall contain -
26 
27 
a. an electronic mail address,an Internet location address, a 
28 
telephone number, a facsimile number or a postal address that 
29 
the recipient may use to submit an unsubscribe request; and, 
30 
31 
b. a statement to the effect that the recipient may use the 
32 
electronic mail address, Internet location address, telephone 
33 
number, facsimile number or postal address, as the case may 
34 
be, provided in the unsolicited commercial electronic message 
35 
to submit an unsubscribe request, or a statement to similar 
36 
effect. 
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38 
(2) Where the unsolicited commercial electronic message is received by 
39 
the recipient by electronic mail, the unsolicited commercial electronic 
40 
message shall include an electronic mail address to which the 
41 
recipient may submit an unsubscribe request. 
42 
43 
(3) Where the unsolicited commercial electronic message is received by 
44 
the recipient by text or multimedia messaging sent to a mobile 
45 
telephone number, the unsolicited commercial electronic message 
46 
shall include -
47 
48 
a. a mobile telephone number to which the recipient may submit 
49 
an unsubscribe request by text if the unsolicited commercial 
50 
electronic message is received by text; or, 
51 
52 
b. a mobile telephone number to which the recipient may submit 
53 
an unsubscribe request by text or multimedia messaging at the 
54 
recipient's option if the unsolicited commercial electronic 
55 
message is received by multimedia messaging. 
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57 
(4) The statement referred to in subparagraph (1) (b) shall be presented -
5 


1 
a. in a clear and conspicuous manner; and, 
2 
3 
b. in the English language and where the statement is presented in 
4 
two or more languages, the English language shall be one of 
5 
the languages. 
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7 
(5) The electronic mail address, Internet location address, telephone 
8 
number, facsimile number or postal address referred to 
in 
9 
subparagraphs (1), (2), and (3) shall be-
10 
11 
a. valid and capable of receiving -
12 
13 
i. the recipient's unsubscribe request (if any); and 
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ii. a reasonable number of similar unsubscribe requests 
15 
sent by other reCipients (if any), 
16 
17 
at all times during a period of at least thirty (30) days after 
18 
the unSOlicited commercial electronic message is sent; and, 
19 
20 
b. legitimately obtained 
21 
22 
(6) The use of the electronic mail address, Internet location address, 
23 
telephone number, facsimile number or postal address referred to in 
24 
subparagraphs (1), (2) and (3) to submit an unsubscribe request shall 
25 
not cost more than the usual cost of using that kind or a similar kind of 
26 
electronic mail address, Internet location address, telephone number, 
27 
facsimile number or postal address, as the case may be, using the 
28 
same kind of technology as was used to receive the unsolicited 
29 
commercial electronic message. 
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31 
(7) Where a recipient submits an unsubscribe request using the facility 
32 
provided pursuant to this paragraph, no further unsolicited commercial 
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electronic messages shall be sent after the expiration of ten (10) 
34 
business days after the day on which the unsubscribe request is 
35 
submitted. 
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37 
(8) Any person who receives an unsubscribe request under this 
38 
paragraph shall not disclose any information contained in the 
39 
unsubscribe request to any other person, except with the consent of 
40 
the person whose particulars are contained in the unsubscribe 
41 
request. 
42 
43 
(9) Subparagraphs (1) to (7) shall not apply if the unsolicited commercial 
44 
electronic message is sent, caused to be sent or authorized to be sent 
45 
by mistake. 
46 
47 
B. Labelling and Other Requirements 
48 
49 
(1) Every unsolicited commercial electronic message shall contain-
50 
51 
a. where there is a subject field, a title in the subject field and that 
52 
title is not false or misleading as to the content of the message; 
53 
54 
b. the letters "<ADV>" with a space before the title in the subject 
55 
field, or if there is no subject field, in the words first appearing in 
56 
the message, to clearly identify that the message is an 
57 
advertisement; 
6 


1 
2 
c. header information that is not false or misleading; and, 
3 
4 
d. an accurate and functional electronic mail address or telephone 
5 
number by which the sender can be readily contacted. 
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(2) Subparagraph (1) shall not apply if the unsolicited commercial 
8 
electronic message is sent, caused to be sent or authorized to be sent 
9 
by mistake. 
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12 
CHAPTER 4 
13 
CIVIL ACTION 
14 
15 
16 
SEC. 15. Aiding, Abetting, etc. -
17 
(1) No person shall -
18 
19 
a. aid, abet or procure a contravention of Section 12 or 14 of this 
20 
Act; 
21 
22 
b. induce, 
whether by 
threats, 
promises or otherwise, 
a 
23 
contravention of Section 12 or 14; 
24 
25 
c. be in any way, directly ot indirectly, knowingly concerned ill or a 
26 
party to, a contravention of Section 12 or 14; 
27 
28 
d. conspire with others to effect a contravention of Section 12 or 
29 
14. 
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(2) A person does not contravene the above subsection (1), Section 12 or 
32 
14 merely because he provides, or operates facilities for, online 
33 
services or network access, or provides services relating to, or 
34 
provides connections for, the transmission or routing of data. 
35 
36 
37 
SEC. 16. Civil Action. - Where there is a contravention of Section 12 or 14 of 
38 
this Act in relation to electronic messages sent to electronic addresses, any 
39 
person, who has suffered loss or damage as a direct or an indirect result of such 
40 
contravention, may commence an action in a court against-
41 
42 
a. the sender; or, 
43 
b. a person who has contravened Section 15 (1). 
44 
45 
This Section shall not affect any liability that any person has under any other 
46 
written law or rule of law. 
47 
48 
49 
SEC. 17. fnjunction and Damages for Civl1 Action. - Subject to the provisions of 
50 
this Act, in an action under Section 16 (1), the types of relief that the court may 
51 
grant include the following: 
52 
53 
(a) an injunction (subject to such terms, if any, as the court deems fit); 
54 
55 
(b) damages; 
56 
57 
(c) statutory damages. 
7 


1 
2 
The types of relief referred to in paragraphs (b) and (c) are mutually exclusive. 
3 
4 
In any action under Section 16, the plaintiff shall be entitled, at his election, to-
5 
6 
(a) damages in the amount of the loss or damage suffered by the 
7 
plaintiff as a direct or an indirect result of the contravention referred 
8 
to in Section 16; or 
9 
10 
(b) statutory damages-
11 
(i) not exceeding One Thousand Pesos (Pi,DDD.DD) for each 
12 
electronic message referred to in Section 16; and, 
13 
(ii) not 
exceeding 
in 
the 
aggregate 
Forty 
Million 
Pesos 
14 
(P4D,OOO,OOD.OO), unless the plaintiff proves that his actual loss 
15 
from such electronic messages exceeds P4D million. 
16 
17 
In awarding statutory damages, the court shall have regard to -
18 
19 
(a) whether the contravention by the defendant of Section 12,14, or 15 (1) of 
20 
this Act was willful; 
21 
22 
(b) any loss or damage that the plaintiff has suffered or is likely to suffer as a 
23 
direct or an indirect result of the contravention referred to in Section 16. 
24 
25 
(c) any benefit shown to have accrued to the defendant by reason of the 
26 
sending of electronic messages; 
27 
28 
(d) the need to deter other similar instances of sending of electronic 
29 
messages; and, 
30 
31 
(e) all other relevant matters. 
32 
33 
The loss referred to in this Section includes any pecuniary loss suffered as a 
34 
direct or an indirect result of the contravention referred to in Section 16. 
35 
36 
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SEC. 18. Costs and Expenses. - In any proceedings under this act, the court 
38 
may, in addition to exercising the powers conferred by Section 17 herein, order of 
39 
the defendant to pay to the plaintiff the costs and expenses of and incidental to 
40 
the proceedings, and any legal costs incurred in respect of the proceedings. 
41 
42 
43 
CHAPTER 5 
44 
MISCELLANEOUS 
45 
46 
47 
SEC. 19. 
Code of Practice. -
Internet access service provides and 
48 
telecommunications service providers may, with the approval of the Commission, 
49 
issue a code of practice in connection with -
50 
51 
(a) minimum standards of technical measures to effectively control the 
52 
sending of unsolicited commercial electronic messages; and, 
53 
54 
(b) such other matters as the Commission may require. 
55 
56 
Every Internet access service provider and telecommunications service provider 
57 
shall comply with any code of practice approved by the Commission except that 
8 


1 
if any provision in any such code of practice is inconsistent with this Act, that 
2 
provision shall not have effect to the extent of the inconsistency. 
3 
4 
5 
CHAPTER 6 
6 
FINAL PROVISIONS 
7 
8 
9 
SEC. 20. 
Implementing Rules and Regulations. - The Commission, together 
10 
with the other concerned agencies, shall promUlgate the implementing rules and 
11 
regulations of this Act within ninety (90) days from the approval of this Act. 
12 
!3 
14 
SEC. 21. Repealing Clause. - All laws, acts, presidential decrees, executive 
15 
orders, administrative orders, rules and regulations inconsistent with or contrary 
16 
to the provisions of this Act are deemed amended, modified or repealed 
17 
accordingly. 
18 
19 
20 
SEC. 22. Separabt1ity Clause. - If any part or provision of this Act is declared 
21 
invalid or unconstitutional, the other parts thereof not affected thereby shall 
22 
remain valid. 
23 
24 
25 
SEC. 23. Effectivity Clause. - This Act shall take effect fifteen (15) days upon 
26 
completion of its publication in at least two (2) national newspapers of general 
27 
circulation. 
28 
29 
30 
31 
32 
33 
Approved, 
9