THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILLPPDES 
) 
Second Regular Session 
) 
S E N A T E  
S.B. N
o
.
2
 
Introduced by Senator Miriam Defensor Santiago 
I 
EXPLANATORY NOTE 
The right to privacy is the “right to be let alone”. It is considered “the most 
comprehensive of rights and the right most valued by civilized men.” 
As far back as 1968, the Supreme Court recognized the existence of a right to privacy 
when it held that “the right to privacy as such is accorded recognition independently of its 
identification with liberty; in itself, it is fi.111~ deserving of constitutional protection.” Morfe v. 
Mutuc, 22 SCRA 424 (1968). Thus, while not explicitly identified in the Constitution, the right 
to privacy is nonetheless recognized and is deserving o f  protection as other fundamental rights. 
With the advancement of technology, no sphere of privacy has been more exposed to 
violations than communication - specifically, telecommunications. Admittedly, laws such 
Republic Act No. 4200, otherwise known as the Anti-Wiretapping Act, have been enacted 
protecting what people say during a call, but no law has yet been passed which addresses the 
need to protect other aspects of people’s calls such as who they call, when they call, how they 
call and how much it cost. 
This bill seeks to reinforce the people’s right to privacy by criminalizing the sale or 
fraudulent transfer or use of their telephone records. 


THIRTEENTH CONGRESS OF THE REPUBLIC ) 
OF THE PHILIPPINES 
) 
Second Regular Session 
1 
Introduced by Senator Miriam Defensor Santiago 
AN ACT 
CRIMJXALIZICNG THE SALE OR FRAUDUL,ENT TRANSFER 
OF TELEPHONE RECORDS 
Be it enacted by the Senate and the House of Representatives of the Philippines in 
Congress assembled: 
SECTION 1. Short Title. - This Act shall be known as the “Phone Records Protection 
Act of 2006.” 
SECTION 2. Decluration ofPolzcy. - It is the policy of the State to promote the general 
welfare of the people. Pursuant to this policy, this Act seeks to uphold the people’s right to 
privacy by criminalizing the sale or fraudulent transfer or use of their telephone records. 
SECTION 3. Definition of Terms. - For purposes of this Act: 
(A)“Records of a Customer” means any data or information associated with an 
individual contained in a database, networked or integrated databases, or other data 
system of a telephone service provider. 
(B) “Telecommunications Service“ means the offering of telecommunications for a fee 
directly to the public, or to such classes of users as to be effectively available directly 
to the public, regardless of the facilities used. It also includes cellular telephone 
service, broadband Personal Communication Service (PCS) telephone service, 
Covered Specialized Mobile Radio (SMR) service, and any successor service to such 
service, including so-called next generation or third generation service) 


(C) “Telecommzmications Carrier” means any provider of telecommunications services, 
except that such term does not include an aggregator of telecommunications services. 
(D) “Aggregator” means any person that, in the ordinav course of its operations, makes 
telephones available to the public or to transient users of its premises, for interstate 
telephone calls using a provider of operator services. 
SECTION 4. Prohibition against Sale or Fraudulent Transfer of Telephone Records. - It 
shall be unlawful for any person to knowingly and intentionally sell or fraudulently transfer or 
use, or attempt to sell or fraudulently transfer or use, the records of a customer of a telephone 
service provider. 
SECTION 5. Penalties. - Any person found guilty of violating the preceding section 
shall be punished by a penalty of imprisonment of arresto mayor, or a fine of not more than One 
Hundred Thousand Pesos (PlOO,OOO.OO), or both, at the discretion of the court, taking into 
consideration all attending circumstances. 
Any telecommunications carrier found guilty of the same shall be fined an amount not 
more than Three Hundred Thousand Pesos (P300,OOO.OO). In addition, a penalty of imprisonment 
of arresto mayor may be imposed on the entity’s responsible officers, including, hut not limited 
‘to, the president, vice-president, chief executive officer, general manager, managing director or 
officer directly responsible therefore, if any of them are found to have knowingly consented to 
such sale or fraudulent transfer or use, or attempt to sell or fraudulently transfer or use. In both in 
cases, the court shall take into consideration all attending circumstances. 
SECTION 6. Nonapplicabilig to Law Enforcement Agencies. - Nothing in Section 4 
shall prevent any action by a law enforcement agency, or any officer, employee, or agent of such 
agency, to obtain the records of a customer of a telephone service provider in connection with 
the performance of the official duties of the agency. 
SECTION 7. Exception for Law Enforcement Requests. - A telecommunications carrier, 
or any employee thereof, shall not be in violation of Section 4 if such provider, upon request, 


transfers or otherwise provides to a law enforcement agency, or any officer, employee, or agent 
of such agency the records of a customer of such provider; Provided, however, that such request 
is in connection with the performance of the official duties of the agency. 
SECTION 8. Sepavability 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 
valid and subsisting. 
SECTION 9 .  Repealing Clause. - Any law, presidential decree or issuance, executive 
order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent 
with the provisions of this act is hereby repealed, modified or amended accordingly. 
SECTION 10. Effectivity - This Act shall take effect fifleen (15) days after its 
publication in at least two (2) newspapers of general circulation. 
Approved,