Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

tno, 2829

HOUSE BILL NO.

Introduced by: Rep. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
TO ERADICATE MOBILE PHONE-AIDED TERRORISM AND CRIMINAL ACTIVITIES, MANDATING
FOR THIS PURPOSE OWNERSHIP REGISTRATION OF ALL SIM CARDS FOR CELLULAR PHONES

EXPLANATORY NOTE

The use of mobile phones with the Subscriber Identity Module or more commonly called
“SIM cards” has greatly altered the way of life of every Filipino, especially because the
Philippines has been hailed as the texting capital of the world.

It is no doubt that the use of technology has paved the way for easier and faster
medium of communication and mobilized broader social and civic affairs engagement of
countless Filipinos.

Indeed, the benefits of technology are boundless. But as innovations bring countless
advantages, so are their inimical effects to the public.

Hence, markets for the supply of SIM cards continue to flood at an unabated rate. Many
people change SIM cards as fast as they change their dirty clothes. Alarmingly, what appears to
be a limitless stream of supply has engendered nefarious and illegal activities in the country.

Today, stories of countless victims of text scams and ransom demands through
untraceable mobile numbers have become common. It is also alarming that there are instances
where mobile phones become triggering devices for bomb explosions that kill innocent civilians.

In this light, it is* imperative to regulate the sale and distribution of SIM cards by
establishing a registry or database of validated information of its authorized owner following
the lead taken by Singapore, Malaysia, Indonesia and Brunei and other countries that have put
this into law and succeeded in its effort of regulation.

Thus, immediate approval of this measure is earnestly sought.

pon SPP

Keith Micah “Atty. Mike” D.L. Tan
4th District, Quezon



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House ait no. _2819

Introduced by: Rep. Keith Micah “Atty. Mike” D.L. Tan

AN ACT
TO ERADICATE MOBILE PHONE-AIDED TERRORISM AND CRIMINAL ACTIVITIES, MANDATING
FOR THIS PURPOSE OWNERSHIP REGISTRATION OF ALL SIIM CARDS FOR CELLULAR PHONES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress
assembled:

SEC. 1. Short Title. - This Act shall be known as the "SIM Card Registration Act."
SEC. 2. Definitions. - For purposes of this Act, the following terms shall mean:

(a) Encryption - shall refer to the process that renders data unreadable to anyone
except those who have the appropriate password or key;

(b) Public Telecommunications Entity or PTE - shall refer to any person, firm,
partnership or corporation, government or private, engaged in the provision of
telecommunications services to the public for compensation, as defined under
Republic Act No. 7925 or the Public Telecommunications Policy Act of the
Philippines;

(c) SIM (Subscriber Identity Module or Subscriber Identification Module) Card - shall
refer to an integrated circuit chip that is intended to securely store the international
mobile subscriber identity or IMSI number and its related key, which are used to
identify and authenticate subscribers on mobile telephony devices;

(d) Subscriber - shall refer to any person, natural or juridical, who avails of mobile
telecommunications service from a mobile service provider; and

(e) Third-party reseller - shall refer to agents, dealers, or anyone who sells SIM cards
other than the PTEs themselves.

SEC. 3. SIM Card Registration. - In order to deter the proliferation of SIM card-aided
crimes, such as but not limited to terrorism; text scams; unsolicited, indecent or obscene
messages; bank fraud; and massive disinformation which cause chaos and disorder, all PTEs
shall require the registration of SIM cards as pre-requisite to the sale thereof, in accordance
with the guidelines set forth under this Act.

All existing SIM card subscribers with active services shall register with their respective
PTEs within a year from effectivity of this Act.

Failure to register within the prescribed period shall authorize the PTEs to automatically
deactivate or retire the SIM card number.

SEC. 4. Sale and Registration Guidelines. - The National Telecommunications
Commission (NTC), in close coordination with the PTEs, the concerned agencies of government
including but not limited to the Department of Trade and Industry (DTI), Department of


Information and Communications Technology (DICT), National Privacy Commission (NPC), and
in consultation with major consumer groups, shall formulate the necessary guidelines in the
proper implementation of the SIM card registration process based on the following parameters:

(a) Submission of duly accomplished control-numbered owner's registration form. The
registration form shall include an attestation by the SIM card buyer that the person
personally appearing before the direct seller and the identification documents
presented are true and correct, and that said person is the one who has accomplished
and signed the registration form;

(b) Presentation of valid government-issued identification cards or other similar forms of
documents that will verify the identity of the SIM card buyer, or a valid passport in the
case of aliens;

(c) Active SIM cards acquired prior to the implementation of this Act that fail to be
registered within thirty (30) days from its intended credit reload shall automatically be
deactivated by the concerned PTE;

(d) A buyer who fails to comply with the requirements for registration shall be refused the
sale of a SIM card by the seller; and

{e) The sale of a SIM card to a minor shall not be prohibited provided that said minor is
accompanied by a parent or legal guardian at the time of its purchase and registration.

SEC. 5. Sim Card Registry. - The registration form required under this Act shall be
accomplished electronically and shall be forwarded by the concerned PTE to a centralized
database accessible by the NTC and DICT. The successful submission of the required registration
form shall serve as the certification of legitimate purchase by the SIM card buyer and the duly-
appointed agents of the PTE or third-party reseller, as the case may be.

The NTC shall ensure that the recordkeeping of such information is in accordance with the
provisions of the Data Privacy Act of 2012.

In case of loss or any change in the information after the registration of the SIM card, the
subscriber must update said registration in the database through the PTE's facility within seven
(7) days from such loss or change.

SEC. 6. Verification of SIM Card Subscribers. - The NTC, in consultation with agencies of
government that issue valid identity documents, clearances or licenses, including appropriate
private entities or institutions, shall develop a system that will enable the PTEs to authenticate
the identity of SIM card subscribers through digital or online platform

SEC. 7. Submission of Verified List of Third-Party Resellers. - The PTEs shall submit to the
NTC, within thirty (90) days from the date of effectivity of this Act, a verified list of all their
current authorized third-party resellers. Thereafter, the PTEs shall submit to the NTC, every
quarter of each year, an updated list of the same.

SEC. 8. Obligation and Liabilities of Third-Party Resellers. - Any third-party reseller that will
engage in the sale of fraudulently-registered or stolen SIM cards shall be held criminally liable
under this Act.

SEC. 9. Confidentiality Clause. - Any information obtained in the SIM card registration
process shall be treated as absolutely confidential, in accordance with the provisions of the
Data Privacy Act of 2012, and cannot be disclosed to unauthorized persons, except upon the
written consent of the subscriber: Provided, that the waiver of absolute confidentiality shall not
be made as a condition for the approval of subscription agreements with the mobile phone
service providers.


The NTC shall ensure the encryption of personal data to maintain anonymity of the
subscriber and anonymity within the communications network.

SEC. 10. Disclosure of Information. - Notwithstanding the provisions on confidentiality, the
PTEs shall be required to provide information obtained in the SIM card registration process only
upon the order of a competent court and upon finding of probable cause that a specific mobile
number was or is being used in the commission of a crime or that it was utilized as a means to
commit a malicious, fraudulent or unlawful act: 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 SIM card has been used in the commission
of a crime or for a malicious, fraudulent or unlawful purpose;

(2) that there is reasonable ground to believe that the registered owner of the said SIM card
is probably the perpetrator of the same; and

(3) there is no other speedy and adequate means readily available to obtain such facts and
information

SEC. 11. Penalties. - The following penalties shall be imposed for violation of any provision
of this Act:

(a) For failure to comply with the registration requirement. - The National
Telecommunications Commission (NTC) is hereby authorized to impose the following
fines on any PTE or third-party reseller who shall fail to comply with the SIM card
registration requirement under this Act:

i. A fine of ten thousand pesos (P10,000.00) in the case of a third- party reseller; and
li, A fine of one hundred thousand pesos (P100,000.00) in the case of a PTE.

(b) For breach of confidentiality. - A fine of two hundred thousand pesos (P200,000.00)
shall be imposed upon the PTE, or its agent or employee, or third-party reseller who shall reveal
or disclose any information of a subscriber obtained during the SIM card registration process.

The same penalty shall be imposed upon the PTE or any of its agents or employees 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.

(c) For using fictitious identities to register SIM cards. - The penalty of imprisonment
ranging from six (6) months and one (1) day to twelve (12) years, or a fine of up to two hundred
thousand pesos (P200,000.00), or both, shall be imposed upon anyone who uses a fictitious
identity to purchase and register a SIM card.

(d) Unauthorized sale of registered SIM cards. - The penalty of imprisonment ranging
from six (6) months and one (1) day to twelve (12) years, or a:fine of two hundred thousand
pesos (P200,000.00}, or both, shall be imposed upon third-party resellers or anyone who sells
or offers for sale a registered SIM card without being authorized to do so.

SEC. 12. Other Offenses. - Any person who willfully attempts to commit or abets or aids
in the commission of any of the offenses enumerated in this Act shall be held liable.

SEC. 13. Liability under Other Laws. - A prosecution under this Act shall be without
prejudice to any liability for violation of any provision of the Revised Penal Code, as amended,
or special laws.


SEC. 14. Implementing Rules and Regulations and Reportorial Requirement - The NTC, in
close coordination with the DICT, DTI, NPC and major consumer groups, shall set the guidelines
for the monitoring and proper implementation of this Act and shall issue the necessary
implementing rules and regulations within sixty (60) days upon the effectivity of this Act.

All PTEs are required to submit to the NTC, DICT, and to both Houses of Congress an
annual report on the implementation of the provisions of this Act.

SEC. 15. Interpretation. - Any doubt in the interpretation of any provision of this Act and
its implementing rules and regulations shall be construed in a manner that accords the highest
respect for privacy, and liberally interpreted in a manner mindful of the rights and interests of
SIM card subscribers.

SEC. 16. Repealing Clause. - All laws, decrees, orders, rules and regulations or other
issuances or parts thereof inconsistent with the provisions of this Act, are hereby repealed and
modified accordingly.

SEC. 17. Separability Clause. - If any portion or provision of this Act is declared
unconstitutional, the remainder of this Act or any provision not affected thereby shall remain in
force and effect.

SEC. 18. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or at least two (2) national newspapers of general circulation.

Approved,