The Free Mobile Disaster Alerts Act

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 N0:37 SENATE RICO 0. S. No. 4'75 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PRESCRIBING PENALTIES FOR IMPROPER USE OF MOBILE DISASTER ALERTS SYSTEMS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10639, OTHERWISE KNOWN AS "THE FREE MOBILE DISASTER ALERTS ACT" EXPLANATORY NOTE Republic Act No. 10639 or "The Free Mobile Disaster Alerts Act" was enacted in June 2014 and mandated mobile phone service providers 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 in the event of an impending tropical storm, typhoon, tsunami or other calamities. The alerts shall consist of up-to-date information (including contact information of local government units and agencies required to respond to the situation, evacuation areas, relief sites and pick-up points, among others) and shall be sent to subscribers located near or within the affected areas. During the recent election period, apparent misuse of mechanisms such as the Emergency Cell Broadcast System (ECBS) created for these mobile disaster alerts surfaced. Last April 2025, the Commission on Elections issued show cause orders against four political candidates in the Province of Masbate for allegedly using the emergency alert system for their campaign after several residents received cellphone 1 Section 4 of Republic Act No. 10639

messages calling on them to vote for several personalities who are running for different elective posts?. The Office of Civil Defense (OCD) also shared that it received multiple reports from residents in certain provinces with similar circumstances. The OCD, which administers the comprehensive national civil defense and disaster risk reduction and management program, laments such incidents which mimic urgent emergency notifications "create confusion and may lead to complacency during real crisest." Meanwhile, COMELEC is worried that "if this becomes prevalent during the campaign season, people may wrongly assume that these alerts were false when a real disaster occurs5." Given the importance of free mobile disaster alerts in emergency preparedness and response and in saving lives, it is crucial that the integrity of the systems and mechanisms behind them is preserved, and such are not employed for personal or partisan interests. This proposed bill seeks to strengthen and clarify the existing law on specific prohibited acts by prescribing penalties of up to five years of imprisonment systems. and payment of fine of up to One million pesos for improper use of mobile alerts The passage of this measure is earnestly sought. 2 "Comelec orders 4 Masbate candidates to explain use of emergency alert system in campaign." April 13, 2025. https://www.abs-cbn.com/news/regions/2025/4/13/comelec-orders-4-candidates-to-explain-use-of- emergency-alert-system-in-campaign-2021 alert-system-misuse/ "OCD, Comelec hit alert system misuse." April 7, 2025. https://www.inquirer.net/435322/ocd-comelec-hit- 4Ibid. 5 Ibid

TWENTIETH CONGRESS OF THE ) REPUBLIC OF THE PHILIPPINES First Regular Session 25 JUL 14 NO :37 SENATE --a4.-00.s S. No. 475 Introduced by Senator Jinggoy Ejercito Estrada AN ACT PRESCRIBING PENALTIES FOR IMPROPER USE OF MOBILE DISASTER ALERTS SYSTEMS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 10639, OTHERWISE KNOWN AS "THE FREE MOBILE DISASTER ALERTS ACT" Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

Section 1. A new subsection (b) under Section 6 of Republic Act No. 10639,

otherwise known as "The Free Mobile Disaster Alerts Act", is hereby inserted to read as follows: "Sec. 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) ANY PERSON WHO EMPLOYS THE MOBILE DISASTER ALERTS MECHANISMS CREATED AND ESTABLISHED UNDER THIS ACT TO DISSEMINATE INFORMATION NOT COVERED NOR RELATED TO THE PURPOSES AND OBJECTIVES OF THIS ACT, INCLUDING BUT NOT

LIMITED TO THE DISSEMINATION OF ELECTION CAMPAIGN MESSAGES, ADVERTISEMENTS AND OTHER PROMOTIONAL MESSAGES, SHALL BE PUNISHED WITH IMPRISONMENT OF NOT LESS THAN TWO (2) YEARS BUT NOT MORE THAN FIVE (S) YEARS, AND WITH A FINE OF NOT LESS THAN ONE HUNDRED THOUSAND PESOS (P100,000.00) BUT NOT MORE THAN ONE MILLION PESOS (P1,000,000.00). [(b)] (C) 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)] (D) 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)] (E) All monetary penalties shall directly accrue to the National Treasury. XXX."

Sec. 2. Separability Clause. - If for any reason, any provision of this Act is

declared unconstitutional or invalid, such parts not affected thereby shall remain in full force and effect.

Sec. 3. Repealing Clause. - All laws, decrees, executive orders, rules and

regulations and other issuances or parts thereof which are contrary to or inconsistent with this Act are hereby repealed, amended or modified accordingly.

Sec. 4. Effectivity. - This Act shall take effect fifteen (15) days after its

publication in the Official Gazette or in any two (2) newspapers of general circulation. Approved,