Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 5350
Introduced by: HON. “KUYA” JOSE ANTONIO R. SY-ALVARADO

AN ACT REQUIRING THE REGISTRATION OF ALL USERS PRE-PAID
SUBSCRIBER IDENTITY MODULE (SIM) CARDS.

EXPLANATORY NOTE

Having a cellular phone has become a necessity. Being the most convenient means of
‘communication, even parents provide cellphone to their children at an early age in the elementary
school. Specially with the internet features of the cellphone, almost everyone holds on to their
cellphone or tablet devices. In our country where having a SIM card is very easy and affordable,
anybody can have one or sometimes two or more. Our SIM cards are disposable; hence, one user
can change it anytime when lost or whenever he wants to change his number.

With this, cellphones have been accessories for theft and acts of terrorism. Text scams and
our law enforcers are helpless since SIM cards are unregistered. Reports of such crimes are
archived since law enforcers cannot find leads to the SIM card owner.

This measure proposes to register existing and new cellphone user's sim cards. The
mandatory SIM card registration will actually protect every subscriber. One for example, being
scammed, oryour cellphone number being used in a scam. Iti also the objective of this bill-0’end
text scams and cellphones being used as bomb detonators.

Therefore, we seek for the passage of this measure. oe

“KUYA” JOSE ANTONIO R. SY-ALVARADO,,
Representative
First District of Bulacan


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 9350

Introduced by: “KUYA” JOSE ANTONIO R. SY-ALVARADO.

AN ACT REQUIRING THE REGISTRATION OF ALL USERS PRE-PAID
SUBSCRIBER IDENTITY MODULE (SIM) CARDS

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 “Subscriber Identity Module (SIM)
Card Registration Act.”

SECTION 2. Declaration of Policy. — The State recognizes the vital role of information and
communications technology in nation building.

‘The introduction of modern telecommunications technology with the view of providing the
widest information dissemination is greatly encouraged. The possession of the most modern
technology carries with it tremendous responsibility. Thus, mechanism for its effective use for the
good of all and not for an illegal or malicious purpose to benefit a few must be installed

Toward this end, the State shall require the registration of all users of prepaid subscriber identity
module (SIM) cards.

SECTION 3. Definition of Terms. - Whenever used in this Act:

3.1 Direct seller refers to a person or entity, whether natural or juridical which directly dispenses
or sells a SIM card to an end user,

3.2 End user refers to any individual/subscriber who directly purchases a SIM card from a direct
seller for personal use;

3.3 Postpaid mobile phone refers to a mobile phone. The service of which is provided by a prior
arrangement with a public telecommunications entity, the user thereof is billed at the end of the
monthly billing cycle according the use of mobile service;

3.4 Prepaid mobile phone refers to a mobile phone for which credit is purchased in advance of
service use. The purchased credit is used to pay for mobile phone services at the point the service
is accessed or consumed. if there is no available credit then access to the requested service is
denied;

3.5 Public Telecommunication entity or PTE refers to any duly enfranchised and authorized
public telecommunications entity that offers voice, short messaging system (SMS/text), mobile
date, value- added services (VAS) or any other telecommunications services to the public for a
fee;

3.6 SIM card refers to the Subscriber Identity Module (SIM), which is an integrated circuit that
securely stores the international mobile subscriber identity of the related key used to identify and
authenticate subscribers on mobile telephone devices, such as mobile phone and computers. A
SIM is a removable plastic card into which a circuit is embedded into a SIM circuit is embedded,
and can be transferred between different mobile service;


3.7 SIM card registration refers to the process of recording and verifying mobile phone number
and personal information of a subscriber, by a PTE or other direct seller, including but not limited
to the subscriber's photograph, name, date of birth, gender, address.

SECTION 4. Sale and Regi: ion of SIM cards. — Every direct seller shall require the end user
of a SIM card to present valid identification with photo to ascertain his or her identity: The direct
seller shall further require the end user to accomplish and sign a control-numbered. The registration
form shall include an attestation by end user that the person personally appearing before the direct
seller and the identification document presented are true and correct and that person is one and the
same who has accomplished and signed the registration form.

Except in cases where the PTE is the direct seller, the accomplished registration form must
be submitted to the concerned PTE within fifteen (15) days from the date of sale. The
confidentiality clause in the SIM card registration under Section 9 shall start to apply at the poitit
of sale sf

An end user who does not produce valid identification with photo and fails to accomplish
a registration form in accotdance with the preceding paragraph shall be refused the sale of a SIM
card by the direct seller, The direct seller shall only issue the SIM card to end user after compliance
With the requirements mentioned above and in the succeeding sections.

SECTION 5. Representative Registration of SIM cards. ~ Any person who wants to purchase
a SIM card but cannot personally register with the direct seller may, for valid reason, authorize
another as his representative to register in his behalf, subject to the following conditions: (1) that
the representative is authorized through a duly notatized Special Power of Attorney; (2) that the
principal and his representative should present an original and a true and clear copy of any of the
valid identification cards with photo listed under Section 6 (a) hereof.

Incase the person intending to purchase is a minor, the parents or guardian shall be required
to give their express consent in writing, and submit the same with the registration form and valid
identification cards with photo of both the minor and the parent ot guardian.

The direct seller may deny the request for representative registration after an assessment
the reason given thereof is not valid or that the identification cards or their true copies are not
authentic or sufficient.

SECTION 6. Coverage of Registration. — All direct sellers are hereby mandated to register
pertinent data in a registration form devised for the purpose, to include the following information
and requirements: 5

a) Full name and complete address of the end user appearing in a valid government-isstied
identification document with photo. In view thereof, SIM card end users shall be required
to present the original and submit a true and faithful reproduction or photocopy of any of
the following government identification documents with photo:

Driver’s license
Social Security System/Government Service Insurance System (SSS/GSIS) card
Passport
. Senior citizen’s card
Person with disabilities card
National Bureau of Investigation (NBI) clearance
Police clearance
Firearms license

9. Voter’s identification card

10. Taxpayer's identification id (TIN)

11, Professional Regulation Commission (PRC) ID

12. Government office ID

13. School ID (in case of a minor)

eyAuswne


14, Other government isstied ID BEN

The direct seller may make further inquiries or inquire the submission of additional
identification if necessary, and withhold the sale ofthe SIM card pending eompfiance
of the additional requirements. Y 4

'b) | Assigned cell phone number of SIM card(s) and its serial number.

SECTION 7. Submission of Registration Formi. ~ The registration form mentioned in Section 6
of this Act shall be accomplished in triplicate, and shall be forwarded by the direct sellet to the
concerned PTE. The concerned PTE shall submit a copy of the duly‘accomplished registration
form to the NTC within fifteen (15) days from the date of sale ot feceipt of such form from their
respective direct sellers. The required registration forms and the copies thereof shall be certified
by either, the President, General Manager, Treasurer, Secretaty or ayy other duly appointed officer
of the PTE or direct seller, as the case may be

SECTION 8. Submission of Verified list of Dealers, or Agents. - The Public
Telecommunications Entities (PTEs) shall submit to’ the’ National Telecommunication
Commission (NTC), within thirty (30) days from the date effectivity of this Act, a verified list of
their current authorized dealers/agents nationwide. Thereafter, the PTEs shall submit to the NTC,
every quarter of each year an updated list of the same.

SECTION 9. Confidentiality Clause. — Any information in SIM card registration shall be treated
ag absolutely confidential, unless upon written consent of the subscriber. Provided, that the waiver
of absolute confidentiality shall not be made as a condition for the approval of subscription
agreements with the PTEs.
| ;

SECTION 10. Disclosure of Information. — Notwithstanding the provisions of Section 9 hereof,
the PTEs shall be required to provide information contained in the SIM card registration only upon
order of a competent court upon finding of probable cause that a particular number is used in the
commission of a crime or that it was utilized as a means to commit an unlawful act.

SECTION 11. SIM Card Register. — All Public Telecommunications Entities are required to
submit a SIM Card Register of their subscribers to the National Telecommunication Commission
every sis (6) months of both postpaid and prepaid mobilé phoné users, and maintain a record
containing information mentioned under Section 6 of this Act.

In case of loss or any change in the information after the acquisition of SIM card, the
subscriber must notify the PTEs within thirty (30) days from such loss or change. The concerned
PTE in return must notify NTC of such loss or change in the information within fifteen (15) days
from receipt of notification from the subscriber.

All PTEs are required to keep the data of their subscribers find the NTC shall see to it that
this date is being kept with utmost confidentiality as provided for under Section 9 of this Act in
accordance with existing laws. '
SECTION 12. Registration of Existing repaid Mobile Phone Subscribers. — All existing
mobile phone subscribers with prepaid SIM cards are required to register with their respective PTE
within one hundred eighty (180) days from effectivity of this Act. An extension of no longer than
one hundred twenty (120) days upon a valid written request.

Failure to register within the prescribed period shall authorize the PTE to automatically
deactivate its service to the specific existing prepaid SIM card subscriber.

SECTION 13. Penalti
of this Act;
a) If the offense is committed by a PTE, the President and other executive officers shall be
held liable and the following penalties shall be imposed:
1) First offense: A fine of three hundred thousand pesos (Php 300,000.00)
2) Second offense: A fine of Five Hundred Thousand pesos (Php 500,000.00)

. ~ The following penalties shall be imposed for violation of any provision



3) Third and subsequent offenses, a fine of One million pesos (Php'1,000,000.00) for
every offense. ; 4
b) A penalty of suspension of its operation and a fine of five thousand pesos (PHP5,000.00).
to fifty thousand pesos (PHPS0,000.00) shall be imposed on any direct seller who fails to
comply with the provisions of this Act.

SECTION 14. Implementing Rules and Regulation (IRR). ~ Within ninety (90) days from the J
effectivity if this Act, the National Telecommunications Commission, in coordination with
concerned agencies, shall promulgate the rules and regulations and other issuances as may be
necessary, to ensure the effective implementation of this Act.

SECTION 15. Separability Clause. — Should any part of this Act be declared ‘unconstitutional or

invalid, other provisions hereof that are not affected thereby shall continue to be in full force and
effect.

SECTION 16. Repealing Clause. — All laws, decrees, executive orders, proclamations, rules and
regulations, and issuances, or parts thereof which are inconsistent with the provisions of this Act,
are hereby repealed, amended or modified accordingly.

SECTION 17. Effectivity.
publication in the Offici

hhis Act shall take effect fifteen (15) days after its complete
fazette or in any newspaper of general circulation

i