THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
1 
!it$ -3 i; 2 :“io 
First Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
EXPLANATORY NOTE 
The Constitution, Article 2, Section 24, provides: 
The State recognizes the vital role of communication and information in 
nation-building. 
Rep. Act No. 7925, a.k.a. the “Public Telecommunications Policy Act of the 
Philippines,” provides: 
“Section 5. Responsibilities of the National Telecommunications Commission. - 
- 
.- 
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x x x  
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 co sumers to 
certain undesirable business practices, such as unsolicited telephone marketing calls 
d 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. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIE’PINES 
) 
‘0: 
i , ~  
;1 -3 i’ 
First Regular Session 
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transmitted text and images; and 
(2) “Unsolicited Advertisement” means any material advertising the 
availability or quality of any property, goods, or services which is transmitted to 
Introduced by Senator Miriam Defensor Santiago 
commercial 
ky’person 
AN ACT 
TO PROHIBIT CERTAIN PRACTICES INVOLVING COMMERCIAL USES 
OF TELEPHONE FACSIMJLE MACHINES 
Be it enacted by the Senate and House of Representatives of the Philippines in Congress 
assem bled: 
SECTION 1. Short Title. - This Act shall be known as the “Facsimile Advertising 
Regulations Act.” 
SECTION 2. Declaration of Policy. - It is the Policy of the State to recognize the vital 
role of communication and information in nation-building. 
SECTION 4. Restrictions on the Use of Telephone Facsimile Machines. - 
(1) It shall be unlawful for any person, to use any telephone facsimile machine or other 
electronic d evice to send any unsolicited advertisement to the telephone facsimile machine of 


any person whose number is listed by a common carrier pursuant to subsection (2) as the 
telephone number of a person who objects to receiving unsolicited advertisements by telephone 
facsimile machine. 
(2) Each common canier shall maintain, in accordance with regulations prescribed by the 
Commission, a list of the telephone numbers of subscribers for telephone exchang service of 
that common carrier who notify the carrier that such subscriber objects to receiving 
solicited 
advertisements by telephone facsimile machine. Such regulations shall - i. 
(A)specify the methods by which a subscriber may give or revoke such 
notification to a common camer; 
(B)prohibit any subscriber from being charged for giving or revoking such 
notification or for being on such list; and 
(C) specify the methods by which such list shall be made available to any person 
desiring to transmit unsolicited advertisements by telephone facsimile machine and the 
costs to be recovered from such persons. 
SECTION 5. Regulations. - 
(1) The Commission shall revise the regulations setting technical and procedural 
standards for telephone facsimile machines to require that any such machine which - 
(A)is manufactured after six (6) months after the date of enactment of this 
- 
section; and 
(B) is used for the distribution of unsolicited advertising, be equipped to identify, 
in a margin at the top or bottom of each transmittedpage, the date and time sent, an 
identification of the business sending the advertising, and the telephone number of the 
(2) The regulations required by this section shall be prescribed within six (6) m nths after 
sending machine. 
I 
the date of enactment of this Act. 
(3) The requirements of this section shall take effect thirty (30) days after the date that 
such regulations are prescribed. 


SECTION 6. Separability Clause. - If any provision, or part hereof, is held invalid or 
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain 
and subsisting. 
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SECTION 7. Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction order, rule or regulation contrary to or inconsistent with, the provisions 
of this Act is hereby repealed, modified, or amended accordingly. 
SECTION 8. Effectivity Clause. - This Act effect fifteen (15) days after its pu 
at least two (2) newspapers of general circulation. 
Approved, 
11673