Republic of the Philippines

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HOUSE OF REPRESENTATIVES bine »
Quezon City, Metro Manila RECEIVED “2
EIGHTEENTH CONGRESS
1 Regular Session

House Bill No. 5838

Introduced by Representatives ERIC GO YAP and PAOLO Z. DUTERTE

EXPLANATORY NOTE

Nowadays, owning a cellular phone has become a necessity. It has become a
convenient mode of communication and an effective tool for research. While it has
been developed for this purpose, it has also been used for undesirable and evil ends
by criminals.

A Subscriber Identity Module (SIM) card provides the user a unique point of
identification for its usage of a mobile device. Unless the user manifests his/her
identity, he/she remains anonymous to other users. Moreover, a user may avail of
more than one SIM card to alter his/her identity and contact people without being
recognized.

The registration of all users of Subscriber Identity Module (SIM) cards
eradicates the advantage of anonymity for criminals who may want to abuse it for
fraud and other variety of criminal undertakings. This also serves as an additional
safeguard to prevent threats to our national security; as a screen to deter the sending
of malicious and fraud messages by another individual; and as a monitoring
mechanism to easily trace lost phones.

This bill sought to help our law enforcement agencies in tracking down lawless
criminals who use mobile phones with postpaid and prepaid SIM cards to pursue
nefarious activities such as theft and kidnapping for ransom.

In view of the foregoing, approval of this bill is earnestly sought.

ERIC GO YAP PAOLO¥. DUTERTE



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

EIGHTEENTH CONGRESS
1 Regular Session

House Bill No. 3838

-...
Introduced by Representatives ERIC GO YAP and PAOLO Z. DUTERTE
—_.]

AN ACT REQUIRING THE REGISTRATION OF ALL USERS OF SUBSCRIBER
IDENTITY MODULE 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”.

SEC. 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, but with
Possession of the most modern technology carries with its tremendous responsibility.
Thus, a mechanism must be installed to maximize the benefits of modern
telecommunications technology and to deter illegal or malicious utilization of the
same that benefit only a few.

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

SEC. 3. Definition of Terms. — As used in this Act:

(a) Direct seller refers to a person, natural or juridical, who directly dispenses
or sells a SIM card to an end user;

(b) End user refers to any individual/subscriber who directly purchases a SIM
card from a direct seller;

() Postpaid subscription refers to the subscription wherein service is provided
by virtue of a prior arrangement with a public telecommunications entity, and the end
user thereof is billed at the end of the monthly billing cycle according to the use of
mobile service;

(d) Prepaid subscription refers to the subscription wherein 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;

(© Public Telecommunications Entity or PTE refers to any person, natural or
juridical, government or private, engaged in the provision of telecommunications
services to the public for compensation;

() SIM refers to the Subscriber Identity Module which is an embedded circuit
that securely stores international mobile subscriber identity and related keys used to
identify and authenticate subscribes on mobile devices, such as mobile phones and
computers;

(g) SIM card refers to a removable card into which an electronic integrated
circuit is embedded and is transferrable between different mobile devices; and

(h) 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 the subscriber, by a PTE or other direct seller, including the
subscriber's full name, date of birth, gender, and address.

SEC. 4. Sale and Registration of SIM Cards. — Every PTE or direct seller shall
require the end user of SIM card to present valid identification with photo to ascertain
the latter’s identity. The PTE or direct seller shall further require the end user to
accomplish and sign a control-numbered registration for issued by the respective PTE
of the SIM card purchased. The registration form shall include an attestation by the
end user the person appearing before the direct seller is the same person who
accomplished and signed the registration form and that the identification documents
presented are valid and correct. Failure of and end user to comply with the
requirements under this section shall be a ground for the PTE or direct seller to refuse
the sale and issuance of a SIM card.

Except in cases where the PTE is the direct seller, the accomplished registration
form must be submitted by the direct seller to the concerned PTE within fifteen (15)
days from the date of the sale. Failure on the part of the direct seller to comply under
this section shall constitute a violation of this Act.

SEC. 5. Coverage of Registration. — Alll direct sellers are hereby mandated to
register the following information in the SIM card registration form:

(a) Full name, date of birth, gender, and address of the end user appearing ina
valid government-issued identification document with photo. SIM card end users
shall be required to present the original copy of any of the following valid government
identification documents (ID) with photo:

(1) Passport;

(2) Digitized Social Security Service (SSS) ID;

(3) Government Service Insurance System (GSIS) e-Card;
(4) Driver's license;

(6) Firearms’ License to Own and Possess (LTOP) ID;


(6) Professional Regulation Commission (PRC) ID;

(7) Integrated Bar of the Philippines (IBP) ID;

(8) Overseas Workers Welfare Administration (OWWA) ID;
(9) Digitized Bureau of Internal Revenue (BIR) ID;

(10) Voter’s ID;

(11) Senior Citizen’s card;

(12) Person with Disabilities (PWD) card; or

(13) Other government issued ID

In the absence of any of the above IDs, a National Bureau of Investigation (NBI)
clearance, police clearance, or a Philippine Statistics Authority (PSA) Certified birth
certificate with an ID picture taken within the last six (6) months prior to the purchase
of a SIM card shall suffice. The direct seller may make further inquiries or require the
submission of additional identification, if necessary. The purchase of a SIM card may
be withheld pending submission of the additional requirements;

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

In the case of end users who are foreign nationals, they shall register their full
name, passport number, and address in the SIM card registration form upon
presentation of the following:

(1) For foreign nationals visiting as tourists for not more than thirty (30) days:
Passport
Proof of address in the Philippines;

Return ticket to own country of the tourist or any other ticket
showing the date and time of departure from the Philippines; and

(iv) Any other information as may be required by the Department of
Information and Communications Technology (DICT); and

2) For foreign nationals staying for more than thirty (30) days either as workers

or students:
(i) Passport;
ii) Full name as indicated in the passport;
Proof of address in the Philippines;
(iv) Alien Employment Permit issued by the Department of Labor and
Employment (DOLE), school registration and ID for students; and
(v) Any other information as may be required by the DICT.

SEC. 6. Submission of Registration Form. —The registration form shall be
accomplished in the triplicate, and forwarded by the direct seller to the concerned
PTE. The concerned PTE shall submit a copy of the duly accomplished registration
form to the DICT within fifteen (15) days from the date of sale or receipt of such form
from the respective direct sellers. The required registration form and copies thereof
shall be certified by the direct seller or any other duly appointed officer of the PTE.



SEC. 7. Submission of Verified List of Dealers of Agents. —The PTE shall
submit to the DICT, within thirty (30) days from the date of effectivity of this Act, a
verified list of their current authorized dealers/agents nationwide. The PTE shall
submit to the DICT and National Telecommunications Commission (NTC) every
quarter of each year an updated list of the same.

SEC. 8, Confidentiality Clause. — Any information in the SIM card registration
shall be treated as absolutely confidential, unless access to information has been
granted upon written consent of the subscriber: Provided, That the waiver of absolute
confidentiality shall not be made a condition for the approval of subscription
agreements. The confidentiality clause in the SIM card registration shall take effect at
the point of sale.

SEC. 9. Disclosure of Information. —Notwithstanding the provisions of
Section 8 hereof and in accordance with Section 12(e) of Republic Act No. 10173,
otherwise known as the “Data Privacy Act of 2012”, the PTE or the DICT shall be
required to disclose the full name and address contained in the SIM card registration,
upon a duly issued subpoena or order of a court upon finding a probable cause, or
upon written request from a law enforcement agency in relation to an ongoing
investigation that a particular number is used in the commission of a crime or that it
was used as a means to commit an unlawful act.

SEC. 10. SIM Card Register. — All PTEs are required to maintain a SIM Card
Register of their subscribers containing information required under Section 5 of this
Act and to submit the same to the DICT every six (6) months.

In case of loss of a SIM card or any change in information contained in the
registration form after purchase of the SIM card, the subscriber shall notify the PTE
within forty-eight (48) hours from such loss or change in information. Within fifteen
(15) days from receipt of notification from the subscriber, the concerned PTE must
notify the DICT of such loss or change in information.

Alll PTEs are required to keep the date of their subscribers and the DICT shall
ensure that this data is kept with utmost confidentiality.

SEC. 11. Registration of Existing Prepaid 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 the effectivity of
this Act. An extension period of not longer than one hundred twenty (120) days shall
be allowed upon a valid written request to the DICT.

Failure to register within the prescribed period shall authorize the PTE to
automatically deactivate its services to the concerned prepaid SIM card subscriber.



SEC. 12, Penalties. —The following penalties shall be imposed for failure to
comply with any of the provisions 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 (P 300,000.00);

(2) Second offense: a fine of Five hundred thousand pesos (500,000.00); and

(3) Third and subsequent offenses: a fine of One million pesos (P1,000,000.00)

for every offense;

(b) If the offense is committed by a direct seller, a penalty of suspension of its
operation and a fine of Five thousand pesos (P5,000.00) to Fifty thousand pesos (P
50,000.00) shall be imposed; and

(0) If the offense is committed by an officer or employee of an implementing
agency under this Act, a penalty of suspension or dismissal from service and a fine to
be determined by the court shall be imposed without prejudice to the filing of an
appropriate criminal, civil and administrative case.

SEC. 13. Implementing Rules and Regulations (IRR). — Within ninety (90)
days from the affectivity of this Act, the DICT shall, in coordination with the NTC and
other concerned agencies, promulgate the rules and regulations and other issuances
as may be necessary to ensure the effective implementation of this Act.

SEC. 14. Transitory Provision — Only direct sellers who have been duly
authorized by the PTEs and the NTC shall be allowed to sell prepaid SIM cards. Upon
the effectivity of this Act, all PTEs are mandated to recall all prepaid SIM cards for
sale to the public by those establishments not authorized by it. Otherwise, they shall
be imposed the penalties prescribed in this Act.

SEC. 15. Separability Clause. — Should any part of this Act be declared
unconstitutional or invalid, the other provisions hereof that are not affected thereby
shall continue to be in full force and effect.

SEC. 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.

SEC. 17. Effectivity. —This Act shall take effect fifteen (15) days after its
publication in the Official Gazette or in any newspaper or general circulation.

Approved,