Republic of the Philippines fis
HOUSE OF REPRESENTATIVES /¥ RecEIVED

Constitution Hills, Quezon City f: =
> = oure, JUL_0 9 2019
OATE: re

EIGHTEENTH CONGRESS
First Regular Session

House Bill No, 1773

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

_

EXPLANATORY NOTE

Having a mobile phone has become a necessity being the most
convenient means of communication; even minors are provided
mobile phones by their parents, Specially with mobile data
features, almost everyone holds on to their mobile phone and a
great majority of our population has a social media account and are
connected to their family and friends via cyber space like millions of
overseas Filipino workers and their families which use these
Prepaid SIM cards for their mobile phones.

jn our country, having a prepaid SIM card is very easy and
affordable, anybody can have one or any amount of prepaid SIM
cards since they are disposable and interchangeable at any given

his/her number. Literally you can buy it anywhere.

On the other hand, there is a downside to this technology like
all technologies when used for the wrong reason or any evil intent.

With this, mobile phone has been an accessory for theft and
acts of terrorism. Text scams until now are unstoppable and our
law enforcers are helpless since prepaid SIM. carde are
Unregistered, Owners or users of prepaid SIM card numbers are



Such crimes are achieved and difficult to solve since law
enforcers cannot find leads to identify prepaid SIM card used in
such activities,

This measure proposes to register existing and new prepaid
SIM cards with their users. The mandatory SIM card registration
will not only protect the public in general but also protect every
Subscriber from being scammed, or their mobile phone rumbe.
being used in a scam.

It can also protect a subscriber from harassment and/or
bullying through the use of mobile phones because these are
Perpetuated due to the anonymity of the harasser and/or bully.

With this measure, I hope that this will end text scams and
mobile phones being used as bomb detonators.

one.
ERIC L. OLIVAREZ


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Constitution Hills, Quezon City

EIGHTEENTH CONGRESS
First Regular Session

1773

House Bill No.
—_— ee

Introduced by REPRESENTATIVE ERIC L. OLIVAREZ

—_

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.”

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

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
utilizations 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.


SECTION 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;

a) 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;

f) 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;

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

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’s full name, date of birth, gender, and address,

SECTION 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
fo 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

4


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 (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.

SECTION 8. 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 original copy of any of the following valid government
identification documents (ID) with photo:

1. Passport;

2. Digitized Social Security Service (SSS) 1D;

8. Government Service Insurance System (GSIS) e-Card;

4. Driver’s License;

5. Firearms’ License to Own ad Possess (LTOP) ID;

6. Professional Regulation Commission (PRC) ID;

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

8. Overseas Worker's 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 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 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:

a) For foreign nationals visiting as tourists for not more than
thirty (30) days:

1. Passport;

2. Proof of address in the Philippines;

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

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

b) For Foreign nationals staying for more than thirty (30) days
either as workers or students:

1. Passport;

2. Full name as indicated in the passport;

3. Proof of address in the Philippines;

4. Alien Employment Permit issued by the Department of
Labor and Employment (DOLE); school registration
and ID for students; and

5S. Any other information as may be required by the
DICT.

SECTION 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 from their respective direct sellers. The required registration
form and copies thereof shall be certified by the direct seller ox any
other duly appointed officer of the PTE,

SECTION 7. Submission of Verified List of Dealers or
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 dealer/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.

SECTION 8. Confidentiality Clause. - Any information in
the SIM card registration shall be treated as absolutely confidential,

6


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,

SECTION 9. Disclosure of Information. — Notwithstanding
the provisions of Section 8 hereof and in accordance with Sea. 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

SECTION 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 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.

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

DICT.

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


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)
(3) Third and subsequent offenses: a fine of One million
Pesos (Php 1,000,000.00) 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

(Php 5,000.00) to Fifty thousand pesos (Php 50,000.00) shall

be imposed.

(c) 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.

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

SECTION 14. Transitory Provision. - Only direct sellers who
have been authorized by 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.

SECTION 15. Separability Clause. ~ Shoud 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, decress,
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. - This Act shall take effect fifteen
(15) days after its publication in the

Approved