NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

Introduced by Representative Rufus B. Rodriguez

House Bill No. 32 39

EXPLANATORY NOTE

This bill was filed during the 15", 16", and 17" Congresses. It was again filed during
the 18" Congress where it was approved by the House of Representatives.

The Subscriber Identification Module or Subscriber Identity Module (SIM) card holds
all of a subscriber's personal information and phone settings. In essence, it is the subscriber's
authorization to use the network. It also holds the phone number, personal security key and
other data necessary for the handset to function. The subscriber can then choose either a
post-paid account or a prepaid account. The main difference is that in a postpaid account, the
SIM card is registered under the subscriber's name including all the details necessary to
identify said subscriber, while in a prepaid account, no registration is necessary, and anyone
can simply but a prepaid SIM card and start using it.

No one disputes the convenience of a “contract free", "commitment free" prepaid
cellular service and all the advantages it brings. However, one cannot also discount the fact
that there are many disadvantages with using a prepaid SIM card, the main one being the fact
that the user cannot be identified. This makes it easier to commit mischief and crimes.

It cannot be denied that prepaid SIM cards are used by criminals in making ransom
demands, used by different gangs like the “dugo-dugo gang" to commit robbery, used by
individuals to make threat and harass others and it is even used by unscrupulous individuals
to impersonate personalities and solicit donations. Basically, anyone with a prepaid SIM card
can do anything and not be caught because he cannot be traced, his identity cannot be
determined and he can simply throw away the SIM card after use.

Itis therefore about time that we follow the example of other countries like Kenya and
Singapore and start requiring registration of prepaid SIM cards. Since 2006, the Singapore
government has made the prepaid SIM registration a mandatory requirement. This means that
the card must be registered under the name of the person who will be using it and the person
will be required to produce his/her passport or Singapore ID at the time of buying the prepaid
mobile card.

With this, it would be easier to track down the owner or user of the prepaid SIM card.
While it may not guarantee that the criminal user of the SIM card would be caught, at least
there is an increase in the chances that they will be unlike the aero chance of identification
when there is no registration required

In view foregoing, immediate passage of this bill is immediately requested.

RUFUS B. RODRIGUEZ


NINETEENTH CONGRESS )
REPUBLIC OF THE PHILIPPINES )
First Regular Session )

HOUSE OF REPRESENTATIVES

introduced by Representative Rufus B. Rodriquez

House Bill No. 2299

AN ACT
REQUIRING THE REGISTRATION OF SUBSCRIBER IDENTITY MODULE CARDS

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

SEC. 1. Short Title. - This Act shall be known as the “Subscriber Identity Module (SIM) Card
Registration Act”

SEC. 2. Declaration of Policy. — The State recognizes the vital role of information and
‘communications technology in nation building and encourage its growth and development

itis equally cognizant that beneficial as modern technology is, its illegal or malicious
use endangers people's lives, damages property, poses hazards to public order, and even
threatens the security of nations.

Thus, there is a need to promote accountability in the use of Subscriber Identity
Module (SIM) card and provide law enforcement agencies the tools to resolve crimes which
involves its utilization and the platform to deter the commission of wrongdoings

“Towards this end, the State shall require the registration of subscriber identity module
(SIM) cards by all users.

SEC. 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;

(c) 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;

() 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;

(e) 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;

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

(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.

SEC. 4, Sale and Registration of SIM Cards. — Every PTE or direct seller shall require the
end user of a SIM card to present a valid identification with photo to ascertain the latter's
identity. The PTE or direct seller shall further require the end user to 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 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 fifteen (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.

SEC. 5. 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) National 1D

(3) Digitized Social Security Service (SSS) ID;

(4) Government Service Insurance System (GSIS) e-Card;
(5) Driver's license;

(6) __ Firearms’ License to Own and Possess (LTOP) ID;
(7) Professional Regulation Commission (PRC) ID;

(8) _ Integrated Bar of the Philippines (I8P) ID;

(9) Overseas Workers Welfare Administration (OWWA) ID;
(10) Digitized Bureau of Internal Revenue (BIR) ID;
(11) Voter's ID;
(12) Senior Citizen's card;
(13) Person with Disabilities (PWDs) card; or
(14) 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 the 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:

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

(i) Passport;

(ii) Proof of address in the Philippines;

(iii) Return ticket to own country of the tourist or any other ticket showing the date
and time of departure from the Philippines.


(2) For foreign nationals staying for more than thirty (30) days either as workers or
students:
(i) Passport;
Gi) Full name as indicated in the passport;
(ii) Proof of address in the Philippines;
(iv) Alien Employment Permit issued by the Department of Labor
and Employment (DOLE), school registration and ID for students.

SEC. 6. Submission of Registration Form. — The registration form shall be accomplished in
triplicate, and forwarded by the direct seller to the concerned PTE. The required registration
form and copies thereof shall be certified by the direct seller or any other duly appointed
officer of the PTE.

SEC. 7. Submission of Verified List of Dealers or Agents. - The PTE shall submit to the
National Telecommunications Commission (NTC), within thirty (30) days from the date of
effectivity of this Act, a verified list of their current authorized dealers/agents nationwide. The
PTE shall submit to the NTC every quarter of each year an updated list of the same.

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

SEC. 9. Disclosure of Information. - Notwithstanding the provisions of Section 8 hereof and
in accordance with Section 12(e) of Republic Act No. 10173, otherwise known as the “Data
Privacy Act of 2012", the PTE shall be required to disclose the full name and address
contained in the SIM card registration, upon a duly issued subpoena or order of a court upon
finding of probable cause, or upon written request from a law enforcement agency in
relation to an ongoing investigation, that a particular number is used in the commission of a
crime or that it was used as a means to commit an unlawful act.

SEC. 10. S/M Card Register. - All PTEs are required to maintain a SIM Card Register of their
subscribers containing information required under Section 5 of this Act.

incase of loss of a 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. All PTEs are required to keep the data of their
subscribers and shall ensure that this data is kept with utmost confidentiality.

SEC. 11. Registration of Existing Prepaid Mobile Phone Subscribers. — All existing mobile
phone subscribers with prepaid SIM cards are required to register with their respective PTE
within one hundred eighty (180) days from the effectivity of this Act. An extension period of
no longer than one hundred twenty (120) days shail be allowed upon a valid written request
to the DICT.

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

SEC. 12. Penalties. — The following penalties shall be imposed for failure to comply with
any of the provisions of this Act:
(a) If the offense is committed by a PTE, the President and other executive
officers of the PTE shall be held liable, and the following penalties shall be
imposed:
(1) First offense: a fine not exceeding Three hundred thousand pesos
(P300,000.00);
(2) Second offense: a fine not exceeding Five hundred thousand pesos


(P500,000.00); and
(3) Third and subsequent offenses: a fine not exceeding One milion pesos
(P1,000,000.00) 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 (P5,000.00) to Fifty thousand pesos
(P50.000.00) shall be imposed; and
(0) 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

SEC. 13. Implementing Rules and Regulations (IRR). - Within ninety (90) days from the
effectivity of this Act, the NTC, in coordination with the Department ‘of Information and
Communications Technology (DICT) and other concerned agencies, promulgate the rules
and regulations and other issuances as may be necessary to ensure the effective
implementation of this Act.

SEC. 14. Transitory Provision. - Only direct sellers who have been duly authorized by the
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 liable for the penalties
prescribed in this Act

SEC. 15. Separability Clause. — Should any part of this Act be declared unconstitutional or
invalid, the other provisions hereof that are not affected thereby shall continue to be in full
force and effect.

SEC. 16. Repealing Clause. - All laws, decrees, 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.

SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its publication in the
Official Gazette or in a newspaper of general circulation.

Approved,