~~~A~~ 
Senate Bill No. 
15 
Introduced by Senator Lacson 
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 instmment, business transactions as well as 
everyday livins have become inore effective and efficient. One reason that may be 
attributed to thc populai-ity 01' ccllular phones ai~iong LIS Filipinos is tlic systcm of' test 
messaging that earned us the moniclter the testing capital of the world. 
However, majority if not all cellular phone owners prefer to use the pre-paid 
subscriber identity module (SIM) card. pot only is this pre-paid subscriber identity 
modide (SIM) card easily accessible, i.e., it can be bought almost anywhere, the owners 
thereof can likewise easily evade detection since prepaid SlMs are virtually undetectable. 
Due to tliis, unscriipiilous individuals aliiiost always take advyitage of the same in the 
pursuit of their criminal activities to tlie detrinient not only of a particular interest but that 
of tlie whole nation. 
The proposed bill therefore seeks to address the above-mentioned problem being 
brought about by the proliferation of pre-paid siibscriber identity module (STM) card. Zt 
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 concefning tlie owner of a pre- 
paid SIM card that had been used in a criiiiinal or illegal activity without prejudice to the 
rights of the registered owner under existing laws. With this in' mind, it is hoped that the 
proposal would contribute in one way or the other, in providing a solution to our current 
peace and order problem. 
Evety new technology carries with it tretnendous 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 lawinalters to ensure that tlie benefits we derive 
from 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. 
(J 
Senator 




r‘ 
i
’
 
Prow~/cd, That existing pre-paid SIkI cardholders shall within a period of three 
(3) months 
fi-om the ctyectivity 
of this act register with their rcspcctivc 
telccoininiinications service provider. Piw~ded, further that failui-c on the part of the prc- 
paid SIM cardholder to register shall be a ground for disconnection of services. 
See. 4. 
/<ecoiziiiig / 3 y  /he coryorzrlioii, ]?ar.im?rship, .sill& 
~?i.o~~i.ict~~i..siii~~ 
01‘ 
m/hor.izetJ derccrlcs m d  the Ili.lecoi~iiTiii~iica~ii~?i.s 
Scrsicc 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 and/or information sheet prepared by the would-be buyer shall then be 
transmitted to the TelecoiiimLinication Service Provider who shall fife and keep a record 
ofthe sanic in a data basc to bc crcatcd Cor the purpose. 
The copy of the registration and/or information sheet submitted to the 
‘Telecommunications Service Provider shall be certilied to by the President, General 
Manager, Treasurer or any othcr responsible oiscer of the corporation or partnership, or 
the owner in case of single proprietorship authorized to deal and/or pre-paid subscriber 
id entity niodiil e (SI M ) ca I-d . 
S EC. 5, Iiiqiiiiy iiiio /lie ~~lecoiinitririicnfiol,s 
Sesvice P r o s i h ~  
‘s Dcrrcrhusc. - If 
the Liser of a cellular phone with pre-paid subscriber identity module (SIM) card sliall use 
the same in the commission of a criine or for any inalicioug fraudulent or illegal purpose, 
a court of competent jurisdiction may, by written order, authorize the appropriate law 
enforcement authority to loolc into the records of the owner of the pre-paid subscriber 
identity module (SIM) card used in the coninlission of the above-mentioned acts with the 
‘I’clecoininiiiiicalions Scrvicc Provicler I<ec{jing rccorcis OF the sainc: Pro\*i/c~i,  xi/, such 
writlcii ordci. shall only be granted upon application in writing of any law enforcement 
agency and/or oficer and only upon examination under oath or affirmation of tlie 
applicant and the witnesses he may produce and upon the co& 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 of a crime or for a malicious, fraudulent or illegal 
purpose; (2) that there is reasonable ground to believe that tlie 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 
informat ion. 
I 
The written order issued by tlie court for this purpose shall specify: ( I )  the name 
of the law enforcement agency and/or officer authorized to look into the data base of the 
Telecoiiimunications Service Provider; (2) instruct the Telecoiiimunications Service 
Provider to fiir&h ‘the information requested; ( 3 )  direct the law enforcement agency 
and/or of3cer to iise the inforination obtained in accordance with the written application 
and (4) speciljr tlie 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. 
SEC. 
6. 
7i.leconiiiiiiiiicnrioi~,s Service 
Proviciw’s I<cpor/. - 
The 
Telecornmunications Service Provider to whom the records of ail purchases of pre-paid 
subscriber identity niodule (SlM) card has been forwarded by thc corporation, partncrship 
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 fiirnished the National Telecommunications Coininissioii and the Bureau of 
Internal Revenue. 
SEC. 7. I’eiiciI Pi*ovi.sioiu. - (cg For Fcii1iii.e lo Coiiiply ivitl? i l ~ ?  
Rcgisimlioii 
Aiiy corporation, partnership, single proprietorship or any authorized 
Neqrri/.emeft/: 


4
%
 
p 
dealer of pre-paid subscriber identity module (SIM) card who shall commit a violation of 
Sec. 3 hereof shall suffer the following penalties: 
i. 
11. 
iii. , 
A liiie oftwenty-five thousand pesos (P 25,000.00) for the first oftense; 
A fine of ti-fty thousand pesos (P 50,000.00) for the second offense; 
A fine of one hundred thousand pesos (P100,OOO.OO) for the third offense 
and imprisonnient from six montlis and one day to four years. In addition, 
the. license or authority of tlie corporatim, partnership, single 
proprietorship or tlie authorized dealer shall likewise be revolted or 
cancelled; .Provided, That, the penalty of imprisonment shall be imposed 
on the President, General Manager, Treasurer 01- other responsible of'ficer 
of the corporation or partnership or tlie owner in case of a single 
proprietorship. 
.. 
(b) F'oi~~fiiiiitre 
to krwp 7*ecord. - The penalty of iinprisonment ranging from thirty 
days and one day to six months or a fine of fifty thousand pesos (PS0,OOO.OO) shall be 
iiiiposed 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 
(d) 
lli*c~icI~ 
of ( 'oi!frtJci?/ia/i/)i. - The penalty of iiiiprisonment ranging froni 
b u r  years and one day io six years or a fine of fifty thousand pesos (P 50,000.00) shall be 
imposed upon aiiy employee of tlie corporation, partnership or single proprietorship 
authorized to deal and/or sell pre-paid subscriber identity module (SIM) card or the 
Telecominunicatioiis Service Provider I Y ~ O  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 or Scc 5 hercof 
The 
same 
penalty 
shall 
be 
imposed 
upon 
any 
employee 
of 
the 
Telecornmunicatio~is Service Provider who, despite the written order issued by a 
competent court, shall refuse the law enforcement agency and/or off'icer access to the 
inforination specified in said written order. 
SEC. 8. hpimetitiug Itlikes arid Xcgiiinficm. - Within sixty days fi-om the 
approval of' this Act, the Department of Justice in coordination with the National 
Tel eco~iiiiiuni 
cat i ons Cornn~issioii sliall issue the necessary nil es arid regulations to 
I 
i nip I enien t its 11 rovi si o lis. 
SEC. 9. Sqim*c(hi/iij~ 
C/CIU.W. 
- Jf; for- any reason, aiiy provision or section of this 
Act shall be held to be unconstitutional or ii;valid, the other provisions or sections hereof 
~vliicli are not all'ected thereby shall coniinue to be in f-id1 force and eKect. 
SEC. 10. E@ec/ivity. - This Act shall take effect fixeen (15) days aAer the 
coinpletion of its publication in the Official Gazette or in at least two (2) newspaper of 
gcncral circulation. 
Adopted, 
' 
I'