REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. _3629

Introduced by REPRESENTATIVES ENRICO A. PINEDA and
MICHAEL ODYLON L. ROMERO, PhD.

EXPLANATORY NOTE

‘The use of a cellular phone is vital for communication, business, research and other
activities that are advantageous for our people. The continuing advancement of
technology in wireless communication has rendered everyday living and business
transactions more convenient, effective and efficient. wherein

While having the advantages of modern communication, there are likewise
disadvantages. It is a given fact that there are several instances wherein mobile
communication devices are used to commit misdeeds, often victimizing unsuspecting
persons. This is primarily due to easy access to prepaid Subscriber Identity Module (SIM)
cards which can be bought anytime and anywhere. It should be kept in mind that the
Batasan bombing that happened on November 2013, a mobile phone was used to
detonate the bomb placed near the South Wing lobby of the House of Representatives.
Further, there have been many cases in which the use of prepaid SIM cards were abused
and used to commit crimes like scamming, death threats to a person, and even drug
transactions like what happened in Bilibid, which Congress have investigated. Even the
so-called “dugo-dugo” gangs have taken benefit of such technology, victimizing people
for their financial gains. Furthermore, during the Marawi siege in May 2017, terrorists
could be seen on live television using mobile phones to coordinate their actions and
spread terror to our people.

It is therefore imperative that a law regulating the use of SIM cards be enacted for
the benefit of our people and for our national security. This bill seeks to require the
registration of a person purchasing a prepaid SIM card by requiring them to fill up a
registration form and present government issued identification to show proof of their
personal information. Through this measure, it is hoped that SIM card registration will
become a deterrent to any wrongdoings relating to its use, including the fast-tracking the
resolutions of crimes involving the utilization of the same.

Immediate ore bill is earnestly sought.
er A. PINEDA YLON L. ROMERO, PhD
1PACMAN IPACMAN


REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
QUEZON CITY

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL No. _ 3629

Introduced by REPRESENTATIVES ENRICO A. PINEDA and
MICHAEL ODYLON L. ROMERO, PhD.

AN ACT REQUIRING THE REGISTRATION OF ALL USERS OF
SUBSCRIBER IDENTITY MODULE CARDS

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

SECTION 1. Short Title. This Act shall be known as the “Subscriber Identity Module
(GIM) Card Registration Act’.

SECTION 2. Declaration of Policy. The State recognizes the vital role of information
and communications technology in nation building.

The introduction of modern telecommunications technology with the view of
providing the widest information dissemination is greatly encouraged, but possession of
the most modern technology carries with it tremendous responsibility. Thus, a
mechanism must be installed to maximize the benefits of modern telecommunications
technology and to deter illegal or malicious utilization of the same that benefit only a few.

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

SECTION 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;

©) 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;

Public Telecommunications Entity (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;

g) SIM card ~ refers toa 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.

SECTION 4. Sale and Registration of SIM Cards. Every PTE or direct seller shall
require the end user of a SIM card to present 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 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.

SECTION 5S. 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 users
shall be required to present the original copy of any of the following
government identification documents (ID) with photo:

1) Passport;

2) Digitized Social Security Service (SSS) ID;

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

5) Firearms’ License to Own and Possess (LTOP) ID;

6) Professional Regulation Commission (PRC) ID;

7) Integrated Bar of the Philippines (IBP) ID;

8) Overseas Workers Welfare Administration (OWWA) ID;
9) Digitized Bureau of Internal Revenue (BIR) ID;

10) Voter's ID;

11) Senior Citizen's card;

12) Person with Disabilities (PWDs) card; or

13) 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 take 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 the
presentation of the following:

1) For foreign nationals visiting as tourist 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; and
iv. Any other information as may be required by the Department of
Information and Communications Technology (DICT).

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

iv. _ Any other information as may be required by the DICT.

SECTION 6. Submission of Registration Form. The registration form shall be
accomplished in triplicate, and forwarded by the direct seller to the concerned PTE. The
concerned PTE shall submit a copy of the duly accomplished registration form to the
DICT within fifteen (15) days from the date of sale or receipt of such form from their
respective direct sellers, The required registration form and copies thereof shall be
certified by the direct seller or any other duly appointed officer of the PTE.

SECTION 7. Submission of Verified List of Dealers or Agents. The PTE shall submit
to the DICT, 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 DICT
and the National Telecommunications Commission (NTC) every quarter of each year an
updated list of the same.

SECTION 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.

SECTION 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 or the DICT 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.


SECTION 10. SIM Card Register. All PTEs are required to maintain a SIM card register
of their subscribers containing information required under Section 5 of this Act and to
submit the same to the DICT every six (6) months.

In case 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. Within fifteen (15)
days from receipt of notification from the subscriber, the concerned PTE must notify the
DICT of such loss or change in information.

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

SECTION 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 shall be allowed upon
a valid written request to the DICT.

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

SECTION 12, Penalties. The following penalties shall be imposed for failure to comply
with any of the provisions of this Act:

a) Ifthe offense is committed by a PTE, the President and other executive officers
shall be held liable and the following penalties shall be imposed:

1) First offense: a fine of Three hundred thousand pesos (Php 300,000.00);
2) Second offense: a fine of Five hundred thousand pesos (Php 500,000.00);
and

3) Third and subsequent offenses: a fine of One million pesos (Php
1,000,000.00) for every offense.

b) 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.

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

SECTION 14. Transitory Provision. Only direct sellers who have been duly authorized
by the PTEs and the NTC shall be allowed to sell prepaid 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 imposed the penalties
prescribed in this Act.


SECTION 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.

SECTION 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.

SECTION 17. This Act shall take effect fifteen (15) days after its publication to the Official
Gazette or in any newspaper of general circulation.

Approved,