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Laws & Jurisprudence
THE FREE MOBILE DISASTER ALERTS ACT
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President Aquino has signed into law Republic Act No. 10639 (The Free Mobile Disaster Alerts Act). AN ACT MANDATING THE TELECOMMUNICATIONS SERVICE PROVIDERS TO SEND FREE MOBILE ALERTS IN THE EVENT OF NATURAL AND MAN-MADE DISASTERS AND CALAMITIES.
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. (SEC. 2.)
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.
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 (PHTVOLCS) 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 messages), MMS, or email, as needed and appropriate. (SEC. 4.)
Any natural or
juridical person may report before the NTC any violation of this Act. (SEC. 5.)
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. (SEC. 6.)
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.
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.
The author takes no responsibility for the validity, correctness and result of this work. The information provided is not a legal advice and it should not be used as a substitute for a competent legal advice from a licensed lawyer. See the disclaimer
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