Title
Mandating free mobile disaster alerts
Law
Republic Act No. 10639
Decision Date
Jun 20, 2014
Telecommunications service providers are mandated to send free mobile alerts to subscribers during natural and man-made disasters, ensuring timely information to protect lives and property.
A

Declaration of Policy

  • The State is committed to protecting its citizens from natural and man-made disasters.
  • It must employ all means to notify and inform the public of impending disasters to prevent harm, injury, loss of lives, and property.

Definition of Terms

  • Mobile phone service provider: Entities granted a legislative franchise by Congress and issued a CPCN by the NTC to provide cellular services.
  • Mobile cellular phone: Mobile telecommunication device enabling telephone communication within a specified area.
  • Basic mobile phone services: Include SMS (text messaging) and voice call services.
  • Short messaging service (SMS): Service sending short alphanumeric text messages to cellular phones.
  • Multimedia messaging service (MMS): Messaging service allowing sending of multimedia objects like images, audio, video along with text.
  • Auxiliary mobile phone service: Includes balance inquiry, customer support, prepaid reload, and emergency alerts.

Mobile Disaster Alerts

  • Mobile service providers are mandated to send disaster alerts during tropical storms, typhoons, tsunamis, or other calamities.
  • Alerts must be sent regularly as required by NDRRMC, PAGASA, PHIVOLCS, and other relevant agencies.
  • Alerts must include up-to-date information and be sent directly to subscribers near or within affected areas.
  • Alerts must contain contact information of local government units and responding agencies.
  • They may include evacuation details, relief sites, and pick-up points.
  • The alerts shall be free of charge to consumers and considered as part of auxiliary services.
  • Alerts can be transmitted via SMS, MMS, or email as appropriate.

Report of Violations

  • Any individual or entity may report violations of the Act to the National Telecommunications Commission (NTC).

Penalties

  • False or misleading information given during proceedings under the Act results in imprisonment from 2 to 6 months and fines ranging from PHP 1,000 to PHP 10,000.
  • If under oath, penalties for perjury apply.
  • Corporations violating the Act face fines from PHP 1,000,000 to PHP 10,000,000, and possible suspension or revocation of franchises and licenses.
  • Board members and management of corporations are liable for the same penalties.
  • Foreign nationals found violating the Act can be deported post-sentence and barred from reentry.
  • Monetary penalties accrue directly to the National Treasury.

Implementing Rules and Regulations

  • The DOTC, NTC, NDRRMC, PAGASA, and other relevant agencies must submit implementing rules within 60 days from the Act's effectivity.

Amendatory and Repealing Clause

  • All inconsistent laws, decrees, orders, rules, regulations, and ordinances are repealed or modified as necessary.

Separability Clause

  • If any provision is declared unconstitutional, the remaining provisions shall remain fully effective.

Effectivity Clause

  • The Act takes effect immediately after its complete publication in the Official Gazette or a newspaper of general circulation in the Philippines.

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