Policy and state purpose
- Section 2 declares that the State shall, at all times, protect its citizenry during natural or man-made disasters and calamities.
- Section 2 requires the State to exhaust all possible means to notify and inform constituents of impending disasters to prevent injuries, destruction, and loss of lives and property.
Key definitions established
- Section 3(a) defines “mobile phone service provider, service provider or telecommunication company” as 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).
- Section 3(b) defines “mobile cellular phone, mobile phone or cellphone” as a mobile telecommunication device using radio transmission with conventional telephone switching to permit telephone communication within a specified area or cell.
- Section 3(c) defines “basic mobile phone services” as short messaging service (SMS) or text messaging and voice call services.
- Section 3(d) defines “short messaging service (SMS)” as a service allowing short, alphanumeric messages to be sent to cellular phone display panels.
- Section 3(e) defines “multimedia messaging service (MMS)” as a standard for telephony messaging systems allowing messages that include multimedia objects (images, audio, video, rich text), through MMS, and not just SMS.
- Section 3(f) defines “auxiliary mobile phone service” as balance inquiry, customer support, prepaid reloading services, and emergency alerts.
Coverage: who must alert and for what disasters
- Section 4 mandates that mobile phone service providers send alerts in the event of an impending tropical storm, typhoon, tsunami, or other calamities.
- Section 4 requires alerts at regular intervals as required by the National Disaster Risk Reduction and Management Council (NDRRMC), PAGASA, PHIVOLCS, and other relevant agencies.
- Section 4 requires alerts to be sent directly to mobile phone subscribers located near and within the affected areas.
- Section 4 applies to alerts based on up-to-date information from the relevant agencies.
What alerts must contain and how they’re delivered
- Section 4 requires the alerts to include up-to-date information from the relevant agencies.
- Section 4 requires alerts to include contact information of local government units and other agencies required to respond to the situation.
- Section 4 allows the alerts to include other relevant information such as evacuation areas, relief sites, and pick-up points.
- Section 4 makes alerts at no cost to consumers, whether direct or indirect.
- Section 4 treats the alerts as part of the providers’ auxiliary service.
- Section 4 allows the alerts to be sent in the form of SMS (text messages), MMS, or email, as needed and appropriate.
Reporting violations to the NTC
- Section 5 authorizes any natural or juridical person to report a violation to the NTC.
- Section 5 makes the NTC the recipient of reports on violations of the Act.
Prohibited conduct and penalties
- Section 6(a) punishes any person who gives false or misleading data or information or who willfully or through gross negligence conceals or falsifies a material fact in any investigation, inquiry, study, or other proceeding held pursuant to the Act.
- Section 6(a) imposes imprisonment of not less than two (2) months but not more than six (6) months for the conduct described in Section 6(a).
- Section 6(a) imposes a fine of not less than PHP 1,000.00 but not more than PHP 10,000.00 for the conduct described in Section 6(a).
- Section 6(a) provides that if the false or misleading data or information was under oath, the maximum penalty for giving false testimony or perjury shall be imposed.
- Section 6(b) provides corporate liability: if the offender is a corporation, penalties may include a fine of not less than PHP 1,000,000.00 but not more than PHP 10,000,000.00 and/or suspension or revocation of its legislative franchise and other permits and licenses by the NTC.
- Section 6(b) provides that the maximum penalties prescribed in Section 6(a) are also imposed on members of the corporation’s board and/or management, as applicable.
- Section 6(c) provides that an alien violating the Act shall, in addition to the penalty herein provided, be deported after service of sentence and shall not be permitted reentry into the Philippines.
- Section 6(d) directs that all monetary penalties directly accrue to the National Treasury.
Implementation and IRR timelines
- Section 7 requires the Department of Transportation and Communications (DOTC), NTC, NDRRMC, PAGASA, and other relevant government agencies to submit implementing rules and regulations (IRR).
- Section 7 sets a deadline: submission of the IRR must be made within sixty (60) days from the effectivity of the Act.
Repeal, separability, and governing rules
- Section 8 repeals or modifies all laws, decrees, orders, rules and regulations, ordinances, or parts thereof that are inconsistent with Republic Act No. 10639.
- Section 9 provides a separability rule: if any provision of the Act is declared unconstitutional, the remaining provisions remain in full force and effect.