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Republic of the Philippines September 12, 2022
House oF THE RePreseNraTives. {|= DATE September 12, 2022
Quezon City oO TIME __10:47 am

NINETEENTH CONGRESS
First Regular Session

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Introduced by Representative MARLYN L. PRIMICIAS-AGABAS

HOUSE BILL NO. 4648

EXPLANATORY NOTE

This bill which secks to require the registration of all users of Subscriber
Identity Module (SIM) cards has already been approved by the House of
Representatives on its 3 and final reading in the 17% and 18 Congress.
According to the 1987 Constitution, “The State recognizes the vital role of
communication and information in nation-building.” Indeed, communication is
vital in our country’s development. Families are being united through recent
innovation like voice calls, short messaging services, electronic mails, and
chats. Businesses also utilized these technologies, bridging long distanced-gaps
of employers and employees, competitors and co-operators. Scientific progress
is also acknowledge and disseminated at a faster pace thanks to these

innovations.

One such innovation is the Subscriber Identification Module (SIM) card.
It contains the user’s personal information and phone settings and is used to
subscribe to the basic services for cellular phones, smart phones and tablets.
No registration is necessary in a pre-paid SIM account, so subscriptions to
these services are convenient.

However, some individual make use of the anonymity of the SIM user in
committing crimes. For example, ransom demands in kidnapping, fraudulent
messages in estafa, and similar crimes are now utilizing text messaging
services. Because SIM cards are not registered, lawless elements may not be

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traced through the texts they had sent, and they can easily throw away the car

to forever conceal and evidence.

To prevent crime and develop peace and order in our country, there is a
need to require the registration of SIM Cards in mobile phones. This will
encourage responsibility and accountability in the use of SIM Cards as well as

provide improved law enforcement competency in protecting the public.

‘Thus, the early passage of this bill is earnestly requested.

-AGABAS:



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 4648

Introduced by Represe:

AN ACT
REQUIRING THE REGISTRATION OF ALL USERS OF
SUBSCRIBER IDENTITY MODULE CARDS

Be it enacted by the Senate and House of Representative 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 communication technology in
nation building.

The introduction of modern _ telecommunications
technology with the view of providing the widest information
dissemination is greatly encouraged, but possession of the most
modern technology carries with the view of providing the widest
information dissemination is greatly encouraged, but
possession of the most modern technology carries with it
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 user 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 dispense or sells a SIM card to an end user;

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

(0) 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 the mobile service;

(4) Prepaid subscription refers to the subscription wherein
credit is purchased in advance service use. The purchased
credit is 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;

(e) 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 subscribers 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 transferable between
different mobile devices; and


(h) SIM card registrations 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’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 a 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 form
issued by the respective PTE of the SIM card purchased.

The registration form shall include an attestation by the
end user that 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 an 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 case 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 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. - All 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 in a valid government-issued identification
document with photo. SIM card end users shall be required to


present the ori

inal 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
(5) 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 (PWDs) 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 purchased 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
86 requirements;

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

In 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:

(i) Passport;

(ii) Proof of address in the Philippines;

(ii) 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 101 _ workers or students:

(i) Passport;

(ii) Full name as indicated in the passport;

(iii) 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 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 their 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 And 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 132 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 of 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 lost of 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 and change in
information.

All PTEs are required to keep the data 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 on hundred eighty (180) days from the effectivity of
this Act. An extension period of no longer than one hundred
twenty (120) days shall 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 to
failure to comply with any provisions of this Act;

(a) If the offense is committed bribe 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
(300,000);


(2) Second Offense: a fine of five hundred thousand pesos
(500,000); and

(3) Third and Subsequent Offenses: a fine of One million pesos
(1,000,000) 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
(5,000) 173 to fifty thousand pesos (50,000) shall be imposed ;
and

(c) If the offense is committed by an officer or an 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 effectivity 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 hereby 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 provision 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 newspaper of general
circulation.

Approved,