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

16"" Congress
First Regular Session Sng

House BillNo,__ 858

Introduced by Honorable Sergio A. F. Apostol

EXPLANATORY NOTE

Mobile phones are useful and convenient tools of modern life. While mobile phones
have brought us speed and efficiency in our transactions, there are individuals who take
advantage of this modern technology to commit crimes faster and with greater facility.

Numerous complaints have been made against the irresponsible and sometimes
illegal use of the mobile phone. Our police and fire fighters have complained of pranksters
making hoax emergency calls that resulted in wasted efforts. Also, criminals who commit
crimes especially kidnapping are easily able to consummate their unlawful activities with
the use of prepaid Subscriber Identity Module (SIM) Cards in mobile phones that presently
provide law enforcers with no recourse as to their identities for investigation. Thus
registration of SIM Cards will reduce kidnapping and other petty crimes and make it easier
for the law enforcement to tackle

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

RGIO A, F. APOSTOL
Repfesentative
Second District, Leyte


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

16" Congress
First Regular Session

858

House Bill No.

Introduced by Honorable Sergio A. F. Apostol

AN ACT REQUIRING THE REGISTRATION OF ALL BUYERS OF PREPAID
SUBSCRIBER IDENTITY MODULE (SIM) CARDS.

Be it enacted by the Senate and the House of Representatives of the
Philippines in Congress assembled:

SECTION 1. Short Title. This Act shall be known as the “Subscriber Identity
Module (SIM) Cards Registration Act of 2010".

SECTION 2. Declaration of Policy. The State recognizes the vital role of
communication and information 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 modem technology
though, carries with it tremendous responsibility. 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.
Towards this end, the State shall regulate the use and sale of pre-paid subscriber identity
module (SIM) card for mobile phone users only to persons who shall comply with the
requirements herein set forth.

SECTION 3. Definitions. For the purposes of this Act,

1) “SIM Card” refers to the Subscriber Identity Module (SIM) Card in a mobile
phone;

2) ‘Mobile Phone Company’ refers to any mobile telecommunication service
provider, including, but not limited to, Globe, Smart, or Sun Cellular.

3) “NTC’ refers to the National Telecommunications Commission.

SECTION 4, SIM Card Registration. Every mobile phone company shall be
required to register its subscribers, both prepaid and postpaid, and maintain a directory
thereof, indicating therein the SIM Card serial number, mobile phone number, name and
address of the subscriber.

Any change in the information required in the SIM Card Registration must be
registered with the mobile phone company within fifteen (15) days from the concurrence of
such change.


SECTION 5. Confidentiality Clause, Information in SIM Card Registration shall be
treated as absolutely confidential, unless otherwise specified by the subscriber, It shall not
be inquired or looked into, except upon probable cause to be determined personally by the
judge after examination under oath or affirmation of the complainant and the witnesses he
or she may produce.

SECTION 6. Sale of SIM Cards. Every seller shall require his or her buyer of a SIM
Card to present valid identification with photograph to ascertain the identity of the buyer.
The seller shall further require the buyer to accomplish a registration form issued by the
mobile company of the SIM Card being purchased. For this purpose, mobile phone
companies shall issue registration forms. The seller shall then promptly submit the
accomplished registration form to the concerned mobile phone company not later than
fifteen (15) days from the date of sale. The confidentiality clause in the SIM Card
registration in Section § shall start to apply at the point of sale.

A buyer who does not produce valid identification with picture and accomplish a
registration form in accordance with the preceding paragraph shall be refused the sale of a
SIM Card by the seller.

SECTION 7. Implementing Rules and Regulations. The NTC Shall issue rules
and regulations to implement the provisions of this Act within one (1) month from the
effectivity of this Act.

SECTION 8. Penal Clause. Any violation of the above provisions of this Act shall be
punished with a fine ranging from five thousand pesos (P5,000.00) to fifty thousand pesos
(P50,000.00).

SECTION 9. Transitory Provision. All existing prepaid subscribers are required to
register with their respective mobile phone companies within three (3) months from the
effectivity of this Act. Failure to register within this period shall result in deactivation of the
prepaid subscription. The deactivated prepaid subscription may only be reactivated after
registration in accordance with this Act

SECTION 10. Repealing Clause. All laws, decrees, orders, rules and regulations or
other issuances or parts thereof inconsistent with the provisions of this Act are hereby
repealed or modified accordingly.

SECTION 11, Separability Clause. if any portion or provision of this Act is
declared unconstitutional, the remainder of this Act or any provision not affected thereby
shall remain in force and effect

SECTION 12. Effectivity. This Act shall take effect fifteen (15) days following the
completion of its publication either in the Official Gazette or in a newspaper of general
circulation in the Philippines.

Approved,