FOURTEENTH CONGRESS OF THE REPUBLIC) 
) 
9 
JUN 30 P3 2 6  
OF THE PHILIPPINES 
First Regular Session 
) 
L 
S E N A T E  
S. B. N o . 1 9  1 
Introduced by: Senator Lacson 
EXPLANATORY NOTE 
The latest trend in information technology particularly in the field of 
telecommunications is greatly felt in our country. Almost every Filipinos nowadays, 
own and use cellular phones. With the use of this instrument, business transactions as 
well as everyday living have become more effective and efficient. One reason that 
may be attributed to the popularity of cellular phones among us Filipinos is the system 
of text messaging that earned us the monicker the texting capital of the world. 
However, majority if not all cellular phone owners prefer to use the pre-paid 
subscriber identity module (SIM) card. Not only is this pre-paid subscriber identity 
module (SIM) card easily accessible, Le., it can be bought almost everywhere, the 
owners thereof can likewise easily evade detection since prepaid SIMs are virtually 
undetectable. Due to this, unscrupulous individuals almost always take advantage of 
the same in the pursuit of their criminal activities to the detriment not only of a 
particular interest but that of the whole nation. 
The proposed bill therefore seeks to address the above-mentioned problem 
being brought about by the proliferation of pre-paid subscriber identity module (SIM) 
card. It provides for a system of regulating the sale and/or disposition of pre-paid SIM 
cards and also puts into place the procedure to be followed if a member of the law 
enforcement agency and/or officer would like to retrieve information concerning the 
owner of a pre-paid SIM card that had been used in a criminal or illegal activity 
without prejudice to the rights of the registered owner under existing law. With this in 
mind, it is hoped that the proposal would contribute in one way or the other, in 
providing solution to our recurrent peace and order problem. 
Every new technology carries with it tremendous responsibility. 
The 
technology should be used for the advancement of the interest of all and not only of a 
chosen few. It therefore becomes our imperative duty as lawmakers to ensure that the 
benefits we derive for this technology should be used properly and not abused by some 
segments of our society. 
It is for this reason and the advancement of the common good that early passage 
of this bill is earnestly sought. 
PAN M
&
N
 
I 0 
Wnator 


FOURTEENTH CONGRESS OF THE REPUBLIC) 
First Regular Session 
1 
OF THE PHILIPPINES 
) 
J# 30 PJ :36 
S E N A T E  
S.B. No. 
191 
Introduced by Senator Lacson 
AN ACT 
MODULE (SIM) CARDS, PROVIDING PENALTY FOR VIOLATION 
THEREOF AND FOR OTHER PURPOSES 
REGULATING THE SALE OF PRE-PAID SUBSCRIBER IDENTITY 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
SECTION 1. Title. - 
This Act shall be known as the “Pre-paid 
Subscriber Identity Module (SIM) Cards Regulations Act of 2007”. 
SECTION 2. Declaration ofPolicy. - 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 
modern 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 cellular phone users only to persons who shall comply with the 
requirements herein set forth. 
SECTION 3. Registration Requirement. - All persons desiring to own 
and/or use pre-paid subscriber identification module (SIM) card for cellular 
phones shall, before the actual purchase thereof, prepare and accomplish before 
any corporation, partnership, single proprietorship authorized to deal and/or sell 
the said product a registration form which shall contain the following 
information: 
1. 
2. 
3. 
4. 
5. 
6. 
7. 
(a) Full name and complete address of the buyer which shall be 
accompanied by any of the following documents, to wit: 
A Valid Identification Card with photograph; 
A Valid Passport; 
Driver’s License; 
Social Security System Identification Card; 
Company Identification Card; 
Government Service Insurance System identification Card; 
Voter’s Identification Card: 


8. Senior’s Citizen Card; 
9. School Identification Card 
(b) The telephone number of the Pre-paid Subscriber Identity Module 
(SIM) Card that will be issued. 
SECTION 4. 
Recording by the Corporation, Partnership, Single 
Proprietorship or Authorized Dealer and the Telecommunications Service 
Provider. - The corporation, partnership or single proprietorship authorized to 
deal and/or sell pre-paid subscriber identity module (SIM) card shall keep a 
record of the names and other data of all persons who purchased a pre-paid 
subscriber identity module (SIM) card. A certified copy of the registration 
andlor information sheet prepared by the would-be buyer shall ’ then be 
transmitted to the Telecommunication Service Provider who shall file and keep 
a record of the same in a data base to be created for the purpose. 
The copy of the registration and/or information sheet submitted to the 
Telecommunications Service Provider shall be certified to by the President, 
General Manager, Treasurer or any other responsible officer of the corporation 
or partnership, or the owner in case of single proprietorship authorized to deal 
and/or pre-paid subscriber identity module (SIM) card. 
SECTION 5. Inquiry into the Telecommunications Service Provider’s 
Database. - If the user of a cellular phone with pre-paid subscriber identity 
module (SIM) card shall use the same in the commission of a crime or for any 
malicious fraudulent or illegal purpose, a court of competent jurisdiction may, 
by written order, authorize the appropriate law enforcement authority to look 
into the records of the owner of the pre-paid subscriber identity module (SIM) 
card used in the commission of the above-mentioned acts with the 
Telecommunications Service Provider keeping records of the same: Provided 
That, such written order shall only be granted upon application in writing of any 
law enforcement agency and/or officer and only upon examination under oath or 
affirmation of the applicant and the witnesses he may produce and upon the 
court being satisfied that: (1) there is reasonable ground to believe that the pre- 
paid subscriber identity module (SIM) card has been used in the commission o f  
a crime or for a malicious, fraudulent or illegal purpose; (2) that there is 
reasonable ground to believe that the owner of the said pre-paid subscriber 
identity module (SIM) card is probably the perpetrators of the same and (3) 
there is no other speedy and adequate means readily available to obtain such 
facts and information. 
The written order issued by the court for this purpose shall specify: (1) 
the name of the law enforcement agency and/or officer authorized to look into 
the data base of the Telecommunications Service Provider; (2) instruct the 
Telecommunications Service Provider to furnish the information requested; (3) 
direct the law enforcement agency and/or officer to use the information obtained 
in accordance with the written application and (4) specify the period of the 


written order which shall not exceed thirty (30) days unless extended or renewed 
by the court issuing the same upon good cause shown. 
SECTION 6. Teleconzmunications Service Provider’s Report. - The 
Telecommunications Service Provider to whom the records of all purchases of 
pre-paid subscriber identity module (SIM) card has been forwarded by the 
corporation, partnership or single proprietorship authorized to deal and/or sell 
the same shall forthwith prepare duplicate copies of its record containing the 
names and other data of all registered owners of pre-paid subscriber identity 
module (SIM) card. The duplicate copies of its record shall be furnished the 
National Telecommunications Commission and the Bureau of Internal Revenue. 
SECTION 7. Penal Provisions. - (a) For Failure to Comply with the 
Registration Requirement: Any corporation, partnership, single proprietorship 
or any authorized dealer of pre-paid subscriber identity module (SIM) card who 
shall commit a violation of Sec. 3 hereof shall suffer the following penalties: 
i. 
ii. 
iii. 
A fine of twenty-five thousand pesos (P 25,000.00) for the first 
offense; 
A fine of fifty thousand pesos (P 50,000.00) for the second offense; 
A fine of one hundred thousand pesos (PlOO,OOO.OO) for the third 
offense and imprisonment from six months and one day to four 
years. In addition, the license or authority of the corporation, 
partnership, single proprietorship or the authorized dealer shall 
likewise be revoked or cancelled; Provided, That, the penalty of 
imprisonment shall be imposed on the President, General Manager, 
Treasurer or other responsible officer of the corporation or 
partnership or the owner in case of a single proprietorship. 
(b) For failure to keep record - The penalty of imprisonment ranging 
from thirty days and one day to six months or a fine of fifty thousand pesos 
(P50,OOO.OO) shall be imposed upon the President, General Manager, Treasurer 
or other responsible officer of the corporation or partnership or the owner in 
case of a single proprietorship who shall commit a violation of Sec. 4 hereof. 
(a) 
Breach of Confidentiality. - The penalty of imprisonment ranging 
from four years and one day to six years or a fine of fifty thousand pesos (P 
50,000.00) shall be imposed upon any employee of the corporation, partnership 
or single proprietorship authorized to deal and/or sell pre-paid subscriber 
identity module (SIM) card or the Telecommunications Service Provider who 
shall reveal the name of the registered owner of a pre-paid subscriber identity 
module (SIM) card which is not in accordance with the provisions o f  Sec. 5 
hereof. 
The same penalty shall be imposed upon any employee of the 
Telecommunications Service Provider who, despite the written order issued by a 
competent court, shall refuse the law enforcement agency and/or officer access 
to the information specified in said written order. 


SECTION 8. Implementing Rules and Regulations. - Within sixty days 
from the approval of this Act, the Department of Justice in coordination with the 
National Telecommunications Commission shall issue the necessary rules and 
regulations to implement its provisions. 
SECTION 9. Separability Clause. - If, for any reason, any provision or 
section of this Act shall be held to be unconstitutional or invalid, the other 
provisions or sections hereof which are not affected thereby shall continue to be 
in full force and effect. 
SECTION 10. Effectivity. - This Act shall take effect fifteen (1 5 )  days 
after the completion of its publication in the Official Gazette or in at least two 
(2) newspaper of general circulation. 
Adopted,