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Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

This document summarizes Republic Act No. 10639, which mandates telecommunications providers in the Philippines to send free mobile alerts during natural or man-made disasters and calamities. It requires mobile providers to send alerts from agencies like NDRRMC and PAGASA to subscribers in affected areas, including evacuation orders and relief information. The alerts must be provided at no cost as part of auxiliary mobile services, and can be sent via SMS, MMS or email. The act also defines key terms and outlines penalties for non-compliance.

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0% found this document useful (0 votes)
37 views2 pages

Be It Enacted by The Senate and House of Representatives of The Philippines in Congress Assembled

This document summarizes Republic Act No. 10639, which mandates telecommunications providers in the Philippines to send free mobile alerts during natural or man-made disasters and calamities. It requires mobile providers to send alerts from agencies like NDRRMC and PAGASA to subscribers in affected areas, including evacuation orders and relief information. The alerts must be provided at no cost as part of auxiliary mobile services, and can be sent via SMS, MMS or email. The act also defines key terms and outlines penalties for non-compliance.

Uploaded by

Day Brillo
Copyright
© © All Rights Reserved
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REPUBLIC ACT NO.

10639

AN ACT MANDATING THE TELECOMMUNICATIONS SERVICE PROVIDERS TO SEND FREE


MOBILE ALERTS IN THE EVENT OF NATURAL AND MAN-MADE DISASTERS AND
CALAMITIES

Be it enacted by the Senate and House of Representatives of the Philippines in Congress


assembled:

Section 1. Short Title. – This Act shall be known as "The Free Mobile Disaster Alerts Act".

Section 2. Declaration of Policy. – The State shall, at all times, protect its citizenry in the events of
natural or man-made disasters and calamities. It shall likewise exhaust all possible means to notify
and inform its constituents of the impending disasters to prevent injuries, destruction and loss of
lives and property.

Section 3. Definition of Terms. –

(a) Mobile phone service provider, service provider or telecommunication company refers to


any person, firm or partnership or corporation, government or private, granted a legislative
franchise by Congress to provide cellular mobile telephone services to the general public,
and issued a certificate of public convenience and necessity (CPCN) by the National
Telecommunications Commission (NTC);

(b) Mobile cellular phone, mobile phone or cellphone refers to a mobile telecommunication


device that uses a combination of radio transmission and conventional telephone switching
to permit telephone communication to and from mobile users within a specified area or cell;

(c) Basic mobile phone services refer to short messaging service (SMS) or text messaging
and voice call services;

(d) Short messaging service (SMS) refers to a service that allows short, alphanumeric


messages to be sent to cellular phone display panels;

(e) Multimedia messaging service (MMS) refers to standard for telephony messaging


systems that allows sending messages, including multimedia objects (images, audio, video,
rich text), and not just text messages through the short messaging service (SMS); and

(f) Auxiliary mobile phone service refers to balance inquiry, customer support, prepaid


reloading services and emergency alerts.

Section 4. Mobile Disaster Alerts. – In the event of an impending tropical storm, typhoon, tsunami,
or other calamities, mobile phone service providers are mandated to send out alerts at regular
intervals as required by the National Disaster Risk Reduction and Management Council (NDRRMC),
the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA), the
Philippine Institute of Volcanology and Seismology (PHIVOLCS) and other relevant agencies.

The alerts shall consist of up-to-date information from the relevant agencies, and shall be sent
directly to the mobile phone subscribers located near and within the affected areas. The alerts shall
include contact information of local government units and other agencies required to respond to the
situation. The alerts may contain other relevant information such as, but not limited to, evacuation
areas, relief sites and pick-up points.

The alerts shall be at no cost, whether direct or indirect, to the consumers; and shall be included as
part of the service providers auxiliary service.  The alerts may be in the form of SMS (text
1âwphi1

messages), MMS, or email, as needed and appropriate.

Section 5. Report of Violations. – Any natural or juridical person may report before the NTC any
violation of this Act.

Section 6. Penalties. – (a) Any person who gives false or misleading data or information or willfully
or through gross negligence, conceals or falsifies a material fact, in any investigation, inquiry, study,
or other proceeding held pursuant to this Act, shall be punished with imprisonment of not less than
two (2) months but not more than six (6) months, and with a fine of not less than One thousand
pesos (P1,000.00) but not more than Ten thousand pesos (P10,000.00): Provided, however, That if
the false or misleading data or information shall have been under oath, the maximum penalty for
giving false testimony or perjury shall be imposed.

(b) If the offender is a corporation, the penalties may range from the imposition of a fine of
not less than One million pesos (P1,000,000.00) but not more than Ten million pesos
(P10,000,000.00) and/or a suspension or revocation of its legislative franchise and other
permits and licenses by the NTC. The maximum penalties prescribed in paragraph (a) shall
also be imposed on the members of its board and/or management, as applicable.

(c) An alien violating this Act shall, in addition to the penalty herein provided, be deported
after service of sentence and shall not be permitted reentry into the Philippines.

(d) All monetary penalties shall directly accrue to the National Treasury.

Section 7. Implementing Rules and Regulations. – The Department of Transportation and


Communications (DOTC), the NTC, the NDRRMC, the PAGASA and other relevant government
agencies shall, within sixty (60) days from the effectivity of this Act, submit the implementing rules
and regulations (IRR) governing this Act.

Section 8. Amendatory and Repealing Clause. – All laws, decrees, orders, rules and regulations,
ordinances or any part thereof inconsistent herewith are hereby repealed or modified accordingly.

Section 9. Separability Clause. – If any provision of this Act is subsequently declared


unconstitutional, the remaining provisions hereof shall remain in full force and effect.

Section 10. Effectivity Clause. – This Act shall take effect immediately after its complete publication
either in the Official Gazette or in a newspaper of general circulation in the Philippines.

Approved,

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