Ke REPRESS
f° E- Filed ”
(> RECEIVED
= ODATE July 7, 2022

* TIME 10:17am

Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO,_1528

Introduced by Representative Roman T. Romulo

AN ACT
REGULATING THE SALE OF PREPAID SUBSCRIBER IDENTITY MODULE (SIM) CARDS,
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES

EXPLANATORY NOTE

The latest trends in information technology, particularly in the field of
telecommunications, are greatly evident in our country. Almost all Filipinos nowadays own
and use cellular phones to exchange voice calls and text messages, giving the Philippines the
distinction of being the world’s text-messaging capital. Not only that — we use our phones,
tablets and other smart mobile devices also to connect to the internet and use online services.
With the use of such devices, business transactions as well as everyday living have become
more effective and efficient.

Many owners of such devices prefer to use the pre-paid subscriber identity module
(SIM) card. Not only is this pre-paid SIM card easily accessible, i.e., it can be purchased almost
everywhere, the owners thereof can likewise easily evade detection since prepaid SIM cards
are virtually undetectable. As a result, unscrupulous individuals almost always take advantage
of the same in the pursuit of their criminal activities, harming not only a particular interest
but that of the whole nation.

The proposed bill therefore seeks to address the above-mentioned problem being
brought about by the proliferation of pre-paid SIM cards. It provides fora system of regulating
the sale and/or disposition of pre-paid SIM cards and also puts into place the procedures 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 will contribute solving our recurring peace and order
problem in some way.

Every new technology carries with it tremendous responsibility. The technology
should be used to advance the interests of all people and not only of a chosen few. AS
lawmakers, it is our duty to guarantee that the benefits we gain from this technology are
properly utilized 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.

RRS

ROMAN T. ROMULO
Lone District, Pasig City


ONoanrkwna

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO. _1528 _

Introduced by Representative Roman T. Romulo

AN ACT
REGULATING THE SALE OF PREPAID SUBSCRIBER IDENTITY MODULE (SIM) CARDS,
PROVIDING PENALTIES FOR VIOLATION THEREOF, AND FOR OTHER PURPOSES.

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

SECTION 1. Title. - This Act shall be known as the “Prepaid Subscriber Identity Module
(SIM) Cards Regulations Act of 2022”.

SECTION 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. However, possession of the most modern technology
comes with tremendous responsibility. A mechanism must be put in place to ensure its
effective use for the good of all while preventing its illegal or malicious use to benefit a few.
Towards this end, the State shall regulate the use and sale of prepaid SIM cards for users of
cellular phones and other mobile devices only to persons who shall comply with the
requirements herein set forth.

SECTION 3. Registration Requirement. - All persons desiring to own and/or use
prepaid SIM cards for cellular phones and other mobile smart devices shall, before the actual
purchase thereof, prepare and accomplish before any corporation, partnership, single
proprietorship authorized to deal and/or sell the said product a 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:


ONOnRwWNK A

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A Valid Identification Card with photograph;

AValid Passport;

Driver's License;

Social Security System Identification Card;

Company Identification Card;

Government Service Insurance System Identification Card;
Voter's Identification Card;

Senior's Citizen Card;

School Identification Card.

PENarawnp

(b) The telephone number of the Prepaid Subscriber Identity Module (SIM) Card that
will be issued.

SECTION 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/or sell prepaid SIM cards shall
keep a record of the names and other data of all persons who purchased a prepaid SIM card.
Acertified copy of the registration and/or information sheet prepared by the would-be buyer
shall then be transmitted to the Telecommunication Service Provider which 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 the corporation or partnership, or the owner in
case of single proprietorship authorized to deal and/or prepaid SIM card.

SECTION 5. Inquiry into the Telecommunications Service Provider's Database. - if the
user of a cellular phone with prepaid 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 appropriate law enforcement authority to look into the records
of the owner of the prepaid SIM card used in the commission of the 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

ing 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 prepaid 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 the owner of the said prepaid 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 information


ONonronas

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The written order issued by the court for this purpose shall specify: (1) the name of
the law enforcement agency and/or officer authorized to look into the database 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,

SECTION 6. Telecommunications Service Provider's Report. - The
Telecommunications Service Provider to whom the records of all purchases of prepaid SIM
card have 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 prepaid SIM cards. The duplicate copies
of its record shall be furnished the National Telecommunications Commission and the Bureau
of Internal Revenue.

SECTION 7. Penal Provisions.

(a) For Failure to comply with the Registration Requirement: Any corporation,
partnership, single proprietorship or any authorized dealer of prepaid SIM cards who shall
commit a violation of Sec. 3 hereof shall suffer the following penalties:

A fine of twenty-five thousand pesos (P25,000.00) for the first offense;

A fine of fifty thousand pesos (P50,000.00) for the second offense;

A ine of one hundred thousand pesos (P100,000.00) for the third offense
and imprisonment from six months and one day to four years. In addition,
the license or authority of the corporation, partnership, single
proprietorship or the authorized dealer shall likewise be revoked 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.

(b) For failure to keep record. - The penalty of imprisonment ranging from thirty
days and one (1) day to six months or a fine of fifty thousand pesos (P50,000.00) shall be
imposed upon the President, General Manager, Treasurer or other responsible officer of the
corporation or partnership or the owner in case of a single 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 (P50,000.00) shall be imposed
upon any employee of the corporation, partnership or single proprietorship authorized to


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deal and/or sell prepaid SIM or the Telecommunications Service Provider who shall reveal the
name of the registered owner of a prepaid 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 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.

SECTION 8. Implementing Rules and Regulations. - Within sixty (60) days from the
approval of this Act, the Department of Justice (DOJ) in coordination with the National
Telecommunications Commission shall issue the necessary rules and regulations to
implement its provisions.

SECTION 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.

SECTION 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.

Adopted,