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Republic of the Philippines © pare JUL_0.

HOUSE OF REPRESENTATIVES

Quezon City, Metro Manila

Eighteenth Congress
First Regular Session

House Bill No,__ 1056

Introduced by Honorable Dahlia A. Loyola

EXPLANATORY NOTE

The latest trend in information technology particularly in the field of
telecommunications is greatly felt on our country. Almost every Filipino nowadays,
own and use cellular phones. With the use of this instrument, business transactions
as well and 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 moniker 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 prepaid subscriber identity
module (SIM) card easily accessible, i.e., 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 thereof 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 its 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.

DR. DAHLIA A. LOYOLA
Representati
Fifth District, Cavite


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

Eighteenth Congress
First Regular Session

1056

House Bill No.

Introduced by Honorable Dahlia A. Loyola

AN ACT
REGULATING THE SALE OF PRE-PAID SUBSCRIBER IDENTITY MODULE
(SIM) CARDS, PROVIDING PENALTY FOR VIOLATION THEREOF AND FOR
OTHER PURPOSES

Be it enacted by the Senate and 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 Registrations Act of 2019”.

SEC. 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 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


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SEC. 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 33 fa registration form
which

shall contain the following information:

(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;

DArRYNS

. Government Service Insurance System
Identification Card

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. 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 used

SEC. 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/


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or sell pre-paid subscriber identity module (SIM) card shall keep a record of
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 t he 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
of the corporation or partnership, or the owner in case of single proprietor-
ship authorized to deal and/or pre-paid subscriber identity module (SIM)
card

SEC.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 appro-
priate law enforcement authority to look into the record of the owner of the
pre-paid subscriber identity module (SIM) card used in the commission of
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 appli-
cant 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 of the 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

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(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) name of the law enforcement agency and/or officer authorized to look in-
to 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.

SEC. 6, TELECOMMUNICATIONS 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.

SEC.7. PENAL PROVSIONS. - (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:


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i. Afine of twenty-five thousand pesos _(P 25, 000.00) for the
offense;

ii. Afine of fifty thousand pesos (P 50, 000.00) for the second
offense;

ili, A fine of one hundred thousand pesos (P 100, 000.00) for the
third offense and imprisonment from six months and one day
to four years. In addition, the license or authority of the corpo-
ration, partnership, single proprietorship or the authorized
dealer shall likewise be revokes 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.

(0) 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 (P 50, 000.00) shall be imposed upon the President,
General Manager, Treasurer or other responsible officer of the
corporation or partnership or the owner in case of asingle
proprietorship who shall commit a violation of Sec. 4 hereof.

(c) 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
registered owner of a pre-paid subscriber identity module (SIM) card
which is not in accordance with the provisions of Sec. 5 hereof

The same penalty shall be imposed upon any employee of the


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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.

SEC.8. IMPLEMENTING RULES AND REGULATIONS -
Within sixty (60) 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.

SEC. 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.

SEC. 10. EFFECTIVITY. - This Act shall take effect fifteen
(15) days after the completion of its publication in the Official Gazette or in
at least two (2) newspaper of general circulation

Approved,