FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN~T"I:: 
S. No. 
~~88 
(2-
ReCfIVED fl'{: ~ 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article II, Section 24, provides: 
"The State recognizes the vital role of communication and information in 
nation-building." 
Rep. Act No. 7925, otherwise known as the Public Telecommunications Policy Act, 
provides: 
"Section 5. Responsibilities of the National Telecommunications Commission.-
xxx 
e) 
Promote 
consumers' 
welfare 
by 
facilitating 
access 
to 
telecommunications services whose infrastructure and network must be geared 
towards the needs of the individuals and business users; 
f) Protect consumers against misuse of a telecommunications entity's 
monopoly or quasi-monopolistic powers by, but not limited to, the investigation 
of complaints and exacting compliance with service standards from such entity." 
Advancement in our telecommunications industry exposes the Filipino consumers to 
certain undesirable business practices, such as unsolicited telephone marketing calls and the use 
of automated and pre-recorded telephone calls. These practices encroach upon privacy rights of 
telephone subscribers who object to such telephone solicitations. 
Accordingly, this bill seeks to impose restrictions on the use of automatic telephone 
dialing systems, artificial or prerecorded voice messages, and telephone facsimile (fax) machines 
to send unsolicited advertisements.' 
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0 
fliIO' MIRIAM DE ~OR s~ 
• This bill was re-filed during the Thirteenth Congress, First Regular Session. 


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FIFTEENTH CONGRESS OF THE REPUBLIC 
) 
OF THE PHILIPPINES 
) 
First Regular Session 
) 
SEN,aU; 
S.No. 
~~88 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
PROHIBITING CERTAIN PRACTICES INVOLVING COMMERCIAL USES 
OF TELEPHONE FACSIMILE MACHINES 
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Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assembled: 
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SECTION 1. Short Title. - This Act shall be known as the "Facsimile Advertising 
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Regulations Act." 
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SECTION 2. Declaration of Policy. - It is the Policy of the State to recognize the vital 
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role of communication and information in nation-building. 
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SECTION 3. Definitions. - For purposes of this Act, the term: 
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(A) "Telephone Facsimile Machine" means equipment which has the capacity-
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(l) To transcribe text or images, or both, from paper into an electronic signal and 
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to transmit that signal over a regular telephone line; and 
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(2) To receive such signals over such a line and to produce a copy of the 
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transmitted text and images; and 
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(B) "Unsolicited Advertisement" means any material advertising the commercial 
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availability or quality of any property, goods, or services which is transmitted to any person 
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without that person's prior express invitation or permission. 
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(C) "Commission" means the National Telecommunications Commission (NTC). 
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SECTION 4. Restrictions on the Use of Telephone Facsimile Machines. -
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(A) It shall be unlawful for any person, to use any telephone facsimile machine or other 
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electronic device to send any unsolicited advertisement to the telephone facsimile machine of 
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any person whose number is listed by a common carrier pursuant to subsection (2) as the 
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telephone number of a person who objects to receiving unsolicited advertisements by telephone 
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facsimile machine. 
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(B) Each common carrier shall maintain, in accordance with regulations prescribed by the 
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Commission, a list of the telephone numbers of subscribers for telephone exchange service of 
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that common carrier who notify the carrier that such subscriber objects to receiving unsolicited 
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advertisements by telephone facsimile machine. Such regulations shall-
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(1) Specify the methods by which a subscriber may give or revoke such 
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notification to a common carrier; 
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(2) Prohibit any subscriber from being charged for giving or revoking such 
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notification or for being on such list; and 
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(3) Specify the methods by which such list shall be made available to any person 
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desiring to transmit unsolicited advertisements by telephone facsimile 
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machine and the costs to be recovered from such persons. 
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SECTION 5. Regulations.-
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(l) The Commission shall revise the regulations setting technical and procedural 
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standards for telephone facsimile machines to require that any such machine which-
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(A)is manufactured after six (6) months after the date of enactment of this 
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section; and 
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(B) is used for the distribution of unsolicited advertising, be equipped to identify, 
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in a margin at the top or bottom of each transmitted page, the date and time sent, an 
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identification of the business s'lnding the advertising, and the telephone number of the 
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sending machine. 
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(2) The regulations required by this section shall be prescribed within six (6) months after 
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the date of enactment ofthis Act. 
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(3) The requirements of this section shall take effect thirty (30) days after the date that 
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such regulations are prescribed. 
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SECTION 6. Separability Clause. - If any provision or part hereof, is held invalid or 
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unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
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and subsisting. 
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SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
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order, letter of instruction order, rule or regulation contrary to or inconsistent with, the provisions 
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of this Act is hereby repealed, modified, or amended accordingly. 
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SECTION 8. Effectivity Clause. - This Act effect fifteen (IS) days after its publication in 
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at least two (2) newspapers of general circulation. 
Approved, 
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