Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _____ 
Introduced by CIBAC Party-List Representative 
Eduardo “Bro. Eddie” C. Villanueva 
AN ACT 
PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND 
MOBILE SUBSCRIBERS, PROTECTING SUCH SUBSCRIBERS FROM 
ELECTRONIC SCAMS AND THREATS THROUGH THE MISUSE OF 
DIGITAL 
TECHNOLOGY, 
AND 
PROVIDING 
PENALTIES 
FOR 
VIOLATIONS THEREOF 
EXPLANATORY NOTE 
With the advancements made in technology also come the evolution 
of phishing attacks in several platforms, such as short message services, 
e-mails, and calls.
Recently, many citizens complained of receiving scam text 
messages that offer fake jobs promising high wages and other valuable 
products at seemingly discounted prices, a scheme now called “smishing,” 
a form of text message phishing that lures consumers into giving away 
personal or financial information.  
July 21, 2022
4:21 am
2209


 
With the unemployment rate as of April 2022 reaching 5.7% 
(equivalent to 2.76 million Filipinos) and an underemployment rate of 
14.0% (equivalent to 6.40 million Filipinos),1 this scheme will undoubtedly 
mislead (and have misled) some recipients, thereby necessitating the 
need for the Philippine government to take affirmative action to address 
these types of spam. 
 
This bill seeks to put an end to the proliferation of spam messages 
that have been constantly increasing in recent months. Under this bill, 
“spam” is defined as a call or text message that may fall under any one of 
the following categories: 
 
(1) Not initiated by the recipient of the call or message containing 
commercial promotions or advertisements, the recipient of which 
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, and similar online 
platforms and 
(4) Triggers the collection of personal information by accessing an 
electronic device illegally. 
 
To enhance the privacy protection of individual subscribers, this bill 
automatically opts out all telephone and mobile subscribers from spam 
calls or messages, and allows the subscriber to provide his or her prior 
consent before any commercial or promotional advertisements can be 
sent to such subscriber, whether natural or juridical, without prejudice to 
the availability of the option of a subsequent opt-out mechanism.  
 
Mobile network service providers are also mandated under this bill 
to provide user-friendly reporting mechanisms for their subscribers and 
immediately act on complaints, upon due investigation, to prevent further 
unsolicited calls and texts from such mobile number. 
 
 
1 Unemployment rate in September 2021 is Estimated at 8.9 Percent, available at https://psa.gov.ph/content/unemployment-rate-
september-2021-estimated-89-percent (last accessed December 1, 2021). 


 
This bill also establishes a prima facie presumption of a violation of 
its provisions 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 but still receives such messages, or 
when the unsolicited call or text falls within the 2nd to 4th categories as 
discussed above.  
 
 
To ensure that the provisions of this Act will be implemented 
effectively, this bill mandates the National Privacy Commission, the 
National Telecommunications Commission, and the National Bureau of 
Investigation, in coordination with relevant stakeholders, to further 
improve and develop the technical and industry efforts to protect the data 
privacy of citizens. 
 
Given the foregoing, it is imperative that the interests of our 
telephone and mobile subscribers are protected and upheld in line with 
the policy of the State to protect the fundamental right to privacy of 
communication, while ensuring free flow of information to promote 
innovation and growth, as guaranteed under the 1987 Constitution as well 
as by the Data Privacy Act of 2012. This bill will redound to the benefit of 
millions of subscribers who will have the freedom to choose with whom 
they transact, and will reduce, if not eliminate, the proliferation of 
potentially risky and harmful unsolicited calls or messages.     
 
Thus, the immediate passage of this bill is earnestly sought.  
 
 
 
 
 
 
 
 
 
 


Republic of the Philippines 
HOUSE OF REPRESENTATIVES 
Quezon City 
NINETEENTH CONGRESS 
First Regular Session 
House Bill No. _____ 
Introduced by CIBAC Party-List Representative 
Eduardo “Bro. Eddie” C. Villanueva 
AN ACT 
PROVIDING FOR AN OPT-IN MECHANISM FOR TELEPHONE AND 
MOBILE SUBSCRIBERS, PROTECTING SUCH SUBSCRIBERS FROM 
ELECTRONIC SCAMS AND THREATS THROUGH THE MISUSE OF 
DIGITAL 
TECHNOLOGY, 
AND 
PROVIDING 
PENALTIES 
FOR 
VIOLATIONS THEREOF 
Be it enacted by the Senate and House of Representatives of the 
1 
Philippines in Congress assembled: 
2 
3 
CHAPTER I 
4 
TITLE AND DECLARATION OF POLICY 
5 
6 
SECTION 1. Short Title. – This Act shall be known as the “Anti-
7 
Spam Act of 2022.” 
8 
9 
SECTION 2. Declaration of Policy. – It is hereby declared the 
10 
policy of the State to: 
11 
12 
2209


5 
(a)
Uphold the fundamental right to privacy of communication
1 
while ensuring free flow of information to promote innovation
2 
and growth, guaranteed under the 1987 Constitution of the
3 
Republic of the Philippines, as well as by Republic Act No.
4 
10173, otherwise known as the “Data Privacy Act of 2012”;
5 
6 
(b)
Protect the data privacy of telephone and mobile phone
7 
service subscribers;
8 
9 
(c)
Provide a standard of conduct for businesses and industries
10 
in sending calls and text messages to subscribers;
11 
(d)
Set as default the opt-in mechanism and provide subscribers
12 
the opportunity to give prior consent before receiving calls and
13 
texts inducing the purchase of goods or services and other
14 
forms of solicitation; and
15 
16 
(e)
Require 
service 
providers 
to 
implement 
user-friendly
17 
grievance mechanisms to report unsolicited calls or texts.
18 
19 
CHAPTER II 
20 
DEFINITION OF TERMS 
21 
22 
SECTION 3. Definition of Terms. – As used in this Act: 
23 
24 
(a)
Caller or sender refers to any natural person, or in the case
25 
of a juridical person, an employee or agent thereof, who
26 
initiates a call or a text message for the purpose of making a
27 
call or text message, whether outbound or unsolicited;
28 
29 
(b)
Consent refers to a written contract signed by both the
30 
subscriber and the entity or its authorized representative,
31 
indicating that the subscriber opted to receive such calls or
32 
text messages;
33 
34 
(c)
Outbound call or text refers to a telephone call or text
35 
message initiated by any caller or sender;
36 
37 


 
 
6 
(d) 
Prize refers to anything offered, or purportedly offered, and 
1 
given, or purportedly given, to a subscriber user by chance; 
2 
 
3 
(e) 
Subscriber/s 
refer to 
client/s of 
telecommunications 
4 
companies, whether under a pre-paid or post-paid plan; 
5 
 
6 
(f) 
Text refers to any message sent via short message service 
7 
(SMS); 
8 
 
9 
(g) 
Upselling refers to soliciting the purchase of goods or 
10 
services following an initial transaction during a single 
11 
telephone call or text message; 
12 
 
13 
(h) 
Unsolicited call or text or Spam refers to a call or a text 
14 
message that may be any one of the following: 
15 
 
16 
(5) Not initiated by the recipient of the call or message 
17 
containing commercial promotions or advertisements and 
18 
the recipient of which did not opt-in to receive the same; 
19 
 
20 
(6) Causes an installation of programs on the subscriber’s 
21 
device without consent; 
22 
 
23 
(7) Contains false or misleading electronic representations 
24 
redirecting to websites, chat platforms, and similar 
25 
platforms; and 
26 
 
27 
(8) Triggers the collection of personal information by accessing 
28 
an electronic device illegally. 
29 
 
30 
CHAPTER III 
31 
SUBSCRIBER’S RIGHTS AND  
32 
DUTIES AND RESPONSIBILITIES OF A CALLER OR SENDER 
33 
 
34 
SECTION 4. Automatic Opt-Out and Subscriber’s Prior 
35 
Consent. – As a default, all subscribers are automatically opted out of 
36 
receiving unsolicited calls or texts as defined under this Act. Commercial 
37 


 
 
7 
or promotional advertisements may only be sent to a subscriber who has 
1 
given prior consent or has specifically opted-in to receive said messages 
2 
without additional cost; Provided, That a subscriber who has given prior 
3 
consent or opted in may choose to opt-out any time, without additional 
4 
cost. 
5 
 
6 
SECTION 5. Requirement for a Caller or Sender. – No person 
7 
shall make an unsolicited call or text message unless such person 
8 
discloses the full name of the caller or sender, the company, or 
9 
organization for whose benefit the call or text message is being made, and 
10 
the telephone number of a fixed line where such identity can be 
11 
established and verified. 
12 
 
13 
SECTION 6. Opt-out Mechanism. – All entities shall provide a 
14 
mechanism for subscribers to opt-out any time from receiving calls or 
15 
messages at no cost to the subscriber. The opt-out mechanism must 
16 
enable the subscriber or recipient to indicate the decision not to receive 
17 
any commercial or promotional advertisement from the entity.  
18 
 
19 
SECTION 7. Filing of Complaint. – Complainants may initially file 
20 
their complaints with the mobile network provider concerned, which shall 
21 
act on all complaints received within fifteen (15) days from receipt.  
22 
 
23 
Mobile network providers shall implement user-friendly and 
24 
immediate reporting mechanisms for their respective subscribers and 
25 
shall, upon due investigation, put in place measures to prevent further 
26 
unsolicited calls or texts from the reported number. 
27 
 
28 
Complainants who are not satisfied with the action of the entity may 
29 
bring the matter to the National Telecommunications Commission (NTC).  
30 
 
31 
CHAPTER IV 
32 
PROHIBITED ACTS, FINES, AND PENALTIES 
33 
 
34 
SECTION 8. Prohibited Acts. – No person, whether natural or 
35 
juridical, shall make an unsolicited call or text message, as defined under 
36 
this Act, to any telephone or mobile number. 
37 


 
 
8 
 
1 
There shall be a prima facie presumption of a violation of this Act if 
2 
the subscriber opted out of receiving any calls or text messages, or when 
3 
the subscriber has declined to further give consent to the continuation of 
4 
the call or text, or when the unsolicited call or text falls within the definition 
5 
under Sections 3(h)(2), 3(h)(3), and 3(h)(4) of this Act. 
6 
 
7 
The use of an automatic dialer or any electronic device that 
8 
automatically or randomly contacts telephone numbers is prohibited. 
9 
 
10 
Any violation of this Section shall constitute the crime of 
11 
unauthorized processing as defined and penalized under Section 25(a) 
12 
and 25(b) of Republic Act No. 10173, otherwise known as the Data 
13 
Privacy Act of 2012 and its implementing rules and regulations, without 
14 
prejudice to a further fine that may be imposed by the National Privacy 
15 
Commission (NPC) as provided for in this Act.  
16 
 
17 
SECTION 9. Liability of Caller or Sender. – A caller or sender who 
18 
commits any violation under this Act shall be held solely liable. If the caller 
19 
or sender acted for the benefit of another person, natural or juridical, and 
20 
with authority from the latter, they shall be both held separately liable for 
21 
the violation. However, if the caller or sender acted for the benefit of 
22 
another person, natural or juridical, without authority from the latter, the 
23 
former shall be held solely liable.  
24 
 
25 
Any caller or sender who calls or sends a text message to a 
26 
subscriber in violation of the provisions of this Act shall be fined for each 
27 
call or text.  
28 
 
29 
SECTION 10. Third-party Access. – The entity that shall allow 
30 
access to the phone numbers of their subscribers to other persons, 
31 
whether natural or juridical, without the subscribers’ consent shall be held 
32 
liable under this Act, without prejudice to liability under the Data Privacy 
33 
Act. For the avoidance of doubt, blanket consent shall be prohibited. 
34 
 
35 
SECTION 11. Exceptions. – This Act shall not apply to a caller or 
36 
sender under the following circumstances: 
37 


 
 
9 
  
1 
(a) 
In representation of a public agency who is not promoting any 
2 
of its programs for a commercial purpose; 
3 
 
4 
(b) 
Action is undertaken in a personal capacity;  
5 
 
6 
(c) 
Action is prompted by a necessity to respond to an emergency 
7 
that threatens life, health, or safety of any individual; 
8 
 
9 
(d) 
When the sole purpose of the call or text is to: 
10 
 
11 
(1) Facilitate, complete, or confirm a transaction that the 
12 
recipient of the message has previously agreed to enter 
13 
with the sender; 
14 
 
15 
(2) Within the specified warranty period, provide warranty 
16 
information, product recall information, or safety or security 
17 
information with respect to a product or service purchased 
18 
or used by the recipient of the message; 
19 
 
20 
(3) Deliver goods or services, including product updates or 
21 
upgrades, that the recipient of the message is entitled to 
22 
receive under the terms of the transaction that the recipient 
23 
previously agreed to enter with the sender; 
24 
 
25 
(e) 
When with reference to an ongoing purchase or use by the 
26 
recipient of goods or services offered by the sender, the sole 
27 
purpose of the call or text is to: 
28 
 
29 
(1) Notify a change in its terms or features; 
30 
 
31 
(2) Notify a change in the standing or status of the recipient of 
32 
the message; or 
33 
 
34 
(3) Provide, at regular periodic intervals, account balance 
35 
information or other type of account statement with respect 
36 


 
 
10 
to a subscription, membership, account, loan, or 
1 
comparable ongoing commercial relationship; 
2 
 
3 
(f) 
When its sole purpose is to conduct general market research 
4 
through surveys, provided that, with respect to consumer 
5 
goods and services, no reference shall be made to any 
6 
specific brand and in no case shall include any offer for sale 
7 
of goods and services; 
8 
 
9 
(g) 
When sent to an organization other than an individual acting 
10 
in a personal capacity, for whatever purpose of the receiving 
11 
organization; and 
12 
 
13 
(h) 
When done by duly recognized charities, religious institutions, 
14 
or educational institutions which are not considered 
15 
telemarketers, non-profit organizations, and other exempt 
16 
organizations under appropriate rules and regulations.  
17 
 
18 
SECTION 12. Penalties. – Without prejudice to administrative 
19 
sanctions that may be imposed by the NPC, or to civil or criminal liability, 
20 
any person found to be in violation of any provision of this Act or its 
21 
implementing rules and regulations, shall be imposed the following 
22 
penalties: 
23 
 
24 
(a) 
For a juridical person, a fine of not less than Fifty Thousand 
25 
Pesos (P50,000.00) nor more than One Hundred Thousand 
26 
Pesos (P100,000.00) for each violation; Provided, That its 
27 
officers directly responsible for the violation shall suffer the 
28 
penalty of fine not less than Fifty Thousand Pesos 
29 
(P50,000.00) but not more than One Hundred Thousand 
30 
Pesos (P100,000.00); or  
31 
 
32 
(b) 
For a natural person, a fine of not less than Fifty Thousand 
33 
Pesos (P50,000.00) but not more than One Hundred 
34 
Thousand Pesos (P100,000.00). 
35 
 
36 
 
37 


 
 
11 
CHAPTER V 
1 
FINAL PROVISIONS 
2 
 
3 
SECTION 13. Oversight and Review. – Within three (3) months 
4 
from the effectivity of this Act, and every six (6) months thereafter, the 
5 
NPC, NTC, and the National Bureau of Investigation, in consultation with 
6 
relevant stakeholders in the private sector, shall each submit reports to 
7 
Congress, containing information on the implementation of the provisions 
8 
of this Act, as well as other pertinent information, including, but not limited, 
9 
to investigations initiated on spam and scam calls or messages and status 
10 
thereof, and technical and industry efforts undertaken to combat the 
11 
proliferation of unsolicited calls or text messages. 
12 
 
13 
SECTION 14. Appropriations. – The NPC shall immediately 
14 
include in its programs the implementation of this Act, the initial funding of 
15 
which shall be charged against its current year’s appropriations. 
16 
Thereafter, such sums as may be necessary for the continued 
17 
implementation of this Act shall be included in the annual General 
18 
Appropriations Act. 
19 
 
20 
Proceeds from penalties herein imposed shall accrue to the General 
21 
Fund. 
22 
 
23 
SECTION 15. Implementing Rules and Regulations. – Within 
24 
ninety (90) days from the effectivity of this Act, the NPC, upon consultation 
25 
with relevant stakeholders, shall formulate the rules and regulations for 
26 
the effective implementation of this Act. 
27 
 
28 
SECTION 16. Separability Clause. – If, for any reason, any 
29 
section, clause, or term of this Act is held to be illegal, invalid, or 
30 
unconstitutional, such parts not affected by such declaration shall remain 
31 
in full force and effect. 
32 
 
33 
SECTION 17. Repealing Clause. – All laws, presidential decrees, 
34 
issuances, executive orders, letters of instruction, rules and regulations 
35 
inconsistent with the provisions of this Act are hereby repealed or modified 
36 
accordingly. 
37 


 
 
12 
 
1 
SECTION 18. Effectivity Clause. – This Act shall take effect fifteen 
2 
(15) days after its publication in the Official Gazette or in two (2) 
3 
newspapers of general circulation. 
4 
 
5 
Approved, 
6