Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
EXPLANATORY NOTE 
The increasing dependence of people on the Internet is also seeing a rise in phishing 
attacks in several platforms such as short message services, e-mails, and calls. 
This bill proposes that all subscribers of telecommunications companies, as a default, 
are automatically opted out of receiving unsolicited calls or texts as defined under the 
Act. Under its prohibited acts, there shall be a prima facie presumption of a violation 
of this Act if the subscriber opted out of receiving any calls or text messages, or when 
the subscriber has declined to further give consent to the continuation of the call or 
text. 
This measure likewise ensures the vigilance by concerned agencies such as the 
National Privacy Commission, the National Telecommunications Commission, and the 
National Bureau of Investigation to safeguard the data privacy of citizens. 
In view of the foregoing, the immediate passage of this bill is earnestly sought. 
LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
May 15, 2023
9:00 am
8086


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
HOUSE BILL NO. ____ 
Introduced by HON. LUIS RAYMUND “LRAY” F. VILLAFUERTE, JR. 
AN ACT 
PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND MOBILE 
SUBSCRIBERS, PROTECTING SUCH SUBSCRIBERS FROM ELECTRONIC 
THREATS THROUGH THE MISUSE OF DIGITAL TECHNOLOGY, AND 
PROVIDING PENALTIES FOR VIOLATIONS THEREOF 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
CHAPTER I 
TITLE AND DECLARATION OF POLICY 
SECTION 1. Short Title. – This Act shall be known as the “Anti-Spam Act.” 
SECTION 2. Declaration of Policy. It is hereby declared the policy of the State to: 
(a)
Protect the fundamental right to privacy of communication while ensuring free
flow of information to promote innovation and growth, guaranteed under the
1987 Constitution of the Republic of the Philippines as well as by Republic Act
No. 10173, otherwise known as the “Data Privacy Act of 2012”;
(b)
Protect the data privacy of telephone and mobile phone service subscribers;
(c)
Provide a standard of conduct for businesses and industries in sending calls
and text messages to subscribers; and
(d)
Set as default the opt-in mechanism and provide subscribers the opportunity to
give prior consent before receiving calls and texts inducing the purchase of
goods or services and other forms of solicitation.
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CHAPTER II 
DEFINITION OF TERMS 
 
SECTION 3. Definition of Terms. – As used in this Act: 
(a) 
Caller or sender refers to any natural person, or in the case of a juridical 
person, an employee or agent thereof, who initiates a call or a text message for 
the purpose of making a call or text message, whether outbound or unsolicited; 
(b) 
Consent refers to a written contract signed by both the subscriber and the entity 
or its authorized representative, indicating that the subscriber opted to receive 
such calls or text messages; 
(c) 
Outbound call or text refers to a telephone call or text message initiated by 
any caller or sender; 
(d) 
Prize refers to anything offered, or purportedly offered, and given, or 
purportedly given, to a subscriber user by chance; 
(e) 
Subscriber/s refer to client/s of telecommunications companies, whether 
under a pre-paid or post-paid plan; 
(f) 
Text refers to any message sent via short message service (SMS); 
(g) 
Upselling refers to soliciting the purchase of goods or services following an 
initial transaction during a single telephone call or text message; 
(h) 
Unsolicited call or text or Spam refers to a call or a text message that may 
be any one of the following: 
(1) 
Not initiated by the recipient of the call or message containing 
commercial promotions or advertisements and did not opt-in to receive 
the same; 
(2) 
Causes an installation of programs on the subscriber’s device without 
consent; 
(3) 
Contains false or misleading electronic representations redirecting to 
websites, chat platforms, etc. and 
(4) 
Triggers the collection of personal information by accessing an 
electronic device illegally. 
 
CHAPTER III 
SUBSCRIBER’S RIGHTS AND 


 
DUTIES AND RESPONSIBILITIES OF A CALLER OR SENDER 
 
SECTION 4. Automatic Opt-Out and Subscriber’s Prior Consent. – As a default, 
all subscribers are automatically opted out of receiving unsolicited calls or texts as 
defined under this Act. Commercial or promotional advertisements may only be sent 
to a subscriber who has given prior consent or has specifically opted-in to receive said 
messages without additional cost; Provided, That, a subscriber who has given prior 
consent or opted in may choose to opt-out any time, likewise without additional cost. 
 
SECTION 5. Requirement for a Caller or Sender. – No person shall make an 
unsolicited call or text message unless such person discloses the full name of the 
caller or sender, the company, or organization for whose benefit the call or text 
message is being made, and the telephone number of a fixed line where such identity 
can be established and verified. 
 
SECTION 6. Opt-out Mechanism. – All entities shall provide a mechanism for 
subscribers to opt-out any time from receiving calls or messages at no cost to the 
subscriber. The opt-out mechanism must enable the subscriber or recipient to indicate 
the decision not to receive any commercial or promotional advertisement from the 
entity. 
 
SECTION 7. Filing of Complaint. – Complainants may initially file their complaints 
with the entity concerned, which shall act on all complaints received within fifteen (15) 
days from receipt. 
 
Complainants who are not satisfied with the action of the entity may bring the matter 
to the National Telecommunications Commission. 
 
CHAPTER V 
PROHIBITED ACTS, FINES, AND PENALTIES 
 
SECTION 8. Prohibited Acts. – No person, whether natural or juridical, shall make 
an unsolicited call or text message, as defined under this Act, to any telephone or 
mobile number. 


 
 
There shall be a prima facie presumption of a violation of this Act if the subscriber 
opted out of receiving any calls or text messages, or when the subscriber has declined 
to further give consent to the continuation of the call or text, or when the unsolicited 
call or text falls within the definition under Sections 3(h)(2), 3(h)(3), and 3(h)(4) of this 
Act. 
 
The use of an automatic dialer or any electronic device that automatically or randomly 
contacts telephone numbers is prohibited. 
 
Any violation of this section shall constitute the crime of unauthorized processing as 
defined and penalized under Section 25(a) and 25(b) of the Data Privacy Act of 2012, 
without prejudice to a further fine that may be imposed by the Privacy Commission as 
provided for in this Act. 
 
SECTION 9. Liability of Caller or Sender. – A caller or sender who commits any 
violation under this Act shall be held solely liable. If the caller or sender acted for the 
benefit of another person, natural or juridical, and with authority from the latter, they 
shall be both held separately liable for the violation. However, if the caller or sender 
acted for the benefit of another person, natural or juridical, without authority from the 
latter, the former shall be held solely liable. 
 
Any caller or sender who calls or sends a text message to a subscriber in violation of 
the provisions of this Act shall be fined for each call or text. 
 
SECTION 10. Third-party Access. – The entity that shall allow access to numbers of 
their subscribers to other persons, whether natural or juridical, without the latter’s 
consent shall be held liable under this Act, without prejudice to liability under the Data 
Privacy Act. For the avoidance of doubt, blanket consent shall be prohibited. 
 
SECTION 11. Exceptions. – This Act shall not apply to a caller or sender under the 
following circumstances: 
(a) 
In representation of a public agency who is not promoting any of its programs 
for a commercial purpose; 


 
(b) 
Action is undertaken in a personal capacity; 
(c) 
Action is prompted by a necessity to respond to an emergency that threatens 
life, health, or safety of any individual; 
(d) 
When the sole purpose of the call or text is to: 
(1) 
Facilitate, complete, or confirm a transaction that the recipient of the 
message has previously agreed to enter with the sender; 
(2) 
Within the specified warranty period, provide warranty information, 
product recall information, or safety or security information with respect to a 
product or service purchased or used by the recipient of the message; 
(3) 
Deliver goods or services, including product updates or upgrades, that 
the recipient of the message is entitled to receive under the terms of the 
transaction that the recipient previously agreed to enter with the sender; 
(e) 
When with reference to an ongoing purchase or use by the recipient of goods 
or services offered by the sender, the sole purpose of the call or text is to: 
(1) 
Notify a change in its terms or features; 
(2) 
Notify a change in the standing or status of the recipient of the message; 
or 
(3) 
Provide, at regular periodic intervals, account balance information or 
other type of account statement with respect to a subscription, 
membership, account, loan, or comparable ongoing commercial 
relationship; 
(f) 
When its sole purpose is to conduct general market research through surveys, 
provided that, with respect to consumer goods and services, no reference shall 
be made to any specific brand and in no case shall include any offer for sale of 
goods and services; 
(g) 
When sent to an organization other than an individual acting in a personal 
capacity, for whatever purpose of the receiving organization; and 
(h) 
When done by duly recognized charities, religious institutions, or educational 
institutions which are not considered telemarketers, non-profit organizations, 
and other exempt organizations under appropriate rules and regulations. 
 
SECTION 12. Penalties. – Without prejudice to administrative sanctions that may be 
imposed by the Privacy Commission, or to civil or criminal liability, any person found 


 
to be in violation of any provision of this Act or its implementing rules and regulations, 
shall be imposed the following penalties: 
 
(a) 
For a juridical person, a fine of not less than Fifty Thousand Pesos (P50,000.00) 
nor more than One Hundred Thousand Pesos (P100,000.00) for each violation; 
Provided, That its officers directly responsible for the violation shall suffer the 
penalty of fine not less than Fifty Thousand Pesos (P50,000.00) but not more 
than One Hundred Thousand Pesos (P100,000.00); or 
(b) 
For a natural person, a fine of not less than Fifty Thousand Pesos (P50,000.00) 
but not more than One Hundred Thousand Pesos (P100,000.00). 
 
CHAPTER VI 
FINAL PROVISIONS 
 
SECTION 13. Oversight and Review. – Within three (3) months from the effectivity 
of this Act, and every six (6) months thereafter, the Privacy Commission, the National 
Telecommunications Commission, and the National Bureau of Investigation, in 
consultation with relevant stakeholders in the private sector, shall each submit reports 
to Congress, containing information on the implementation of the provisions of this 
Act, as well as other pertinent information, including but not limited to, investigations 
initiated on spam and scam calls or messages and status thereof, and technical and 
industry efforts undertaken to combat the proliferation of unsolicited calls or text 
messages. 
 
SECTION 14. Appropriations. – The Privacy Commission shall immediately include 
in its programs the implementation of this Act, the initial funding of which shall be 
charged against its current year’s appropriations. Thereafter, such sums as maybe 
necessary for the continued implementation of this Act shall be included in the Annual 
General Appropriations Act. 
 
Proceeds from penalties herein imposed shall accrue to the General Fund. 
 
SECTION 15. Implementing Rules and Regulations. – Within ninety (90) days from 
the effectivity of this Act, the Privacy Commission, upon consultation with relevant 


 
stakeholders, shall formulate the rules and regulations for the effective implementation 
of this Act. 
 
SECTION 16. Separability Clause. – If, for any reason, any section, clause, or term 
of this Act is held to be illegal, invalid, or unconstitutional, such parts not affected by 
such declaration shall remain in full force and effect. 
 
SECTION 17. Repealing Clause. – All laws, presidential decrees, issuances, 
executive orders, letters of instruction, rules and regulations inconsistent with the 
provisions of this Act are hereby repealed or modified accordingly. 
 
SECTION 18. Effectivity Clause. – This Act shall take effect fifteen (15) days after its 
publication in the Official Gazette or a newspaper of general circulation. 
 
Approved,