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

NINETEENTH CONGRESS
1* Regular Session

House Bill No, 506 _

Introduced by Representatives EDVIC G. YAP, ERIC G. YAP, PAOLO Z.
DUTERTE, JOCELYN P. TULFO, RALPH TULFO, and JEFFREY SORLANO

EXPLANATORY NOTE

Paragraph 1, Section 3 of the Bill of Rights provides that the privacy of communication
and correspondence shall be inviolable, except upon lawful order of the court or when

public safety or order requires otherwise as prescribed by law.

The number of mobile phone users in our country has been consistently increasing
since 2017. In 2019, there is an estimated 169 mobile phone users. In the Philippines,
various cybercrime incidents have been reported especially since the onset of the
COVID-19 pandemic. The police recorded 6,110 cybercrime offenses in 2020 such as
online scams, computer-related identity theft, and phishing. Private
telecommunication companies have monitored a higher number of cybercrimes. In
fact, Globe Telecom, for example, has blocked a total of 1.15 billion scam and spam
messages, around 7,000 mobile numbers linked to scammers, and 2,000 unofficial

social media accounts and phishing sites in 2021.

To ensure the safety of the general public, this bill seeks to institutionalize the
mandatory registration of SIM or subscriber identification module card to combat

fraudsters amid the recent influx of spam or phishing text messages.

This proposed measure will also mandate social media companies to register the real

names and phone numbers of individuals creating accounts on their platforms.


In view of the forggoiny, approval of this bill is earnestly sought

EDVIKC G. YAP PAOLO Z. DUTERTE

Ste JOCELYN P. TULFO

JEFFREY SORIANO. RALPH TULFO.


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

NINETEENTH CONGRESS
1 Regular Session

House Bill No. 506

Introduced by Representatives EDVIC G. YAP, ERIC G. YAP, PAOLO Z.
DUTERTE, JOCELYN P. TULFO, RALPH TULFO, and JEFFREY SORIANO

AN ACT
ERADICATING MOBILE PHONE, INTERNET OR ELECTRONIC
COMMUNICATION-AUDED CRIMINAL ACTIVITIES, MANDATING FOR
THIS PURPOSE OWNERSHIP REGISTRATION OF ALL SUBSCRIBER
IDENTITY MODULE (SIM) CARDS FOR ELECTRONIC DEVICES AND SOCIAL
MEDIA ACCOUNTS.

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

SECTION 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 encourages its
growth and development.

It is 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.

Towards this end, the State shall require the registration of SIM cards for all
electronic devices and social media accounts by all users.

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

SEC. 3. Definition of Terms. - As used in this Act:

a. End user refers to any individual or subscriber, natural or juridical, who
directly purchases a SIM card from a direct seller;


b. Public Telecommunications Entity or PTE refers to any person, firm,
partnership, 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 Gubscriber Identity Module or Subscriber Identification Module) Card
refers to an integrated circuit chip that is intended to securely store the
international mobile subscriber identity or IMSI number and its related key
or an electronic equivalent thereof, which are used to identify and
authenticate subscribers on mobile telephone devices;

d. Spoofing refers to the act of transmitting misleading or inaccurate
information about the source of the phone call or text message, with the
intent to defraud, cause harm, or wrongfully obtain anything of value, and

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

SEC. 4. SIM Card and Social Media Accounts Registration. ~ In order to deter
the proliferation of SIM card, internet or electronic communication-aided crimes, such
as, but not limited to: terrorism; text scams; unsolicited, indecent, or obscene
messages; bank fraud; libel; anonymous online defamation; trolling; hate speech,
spread of digital disinformation or fake news as defined under pertinent laws, all
PTEs shall require the registration of SIM cards as prerequisite to the sale and
activation thereof, in accordance with the guidelines set forth under this Act.
Similarly, all social media account providers shall require real-name and phone
number upon creation of account.

All existing SIM card subscribers with active services shall register with their
respective PTEs withing 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 Department of Information and
Communications Technology (DICT).

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

SEC. 5. Sale and Registration Guidelines. - The National Telecommunications
Commission (NTC), in close consultation with the PTEs, social media providers, the
concerned agencies of government including, but not limited to, the Department of
Trade and Industry, DICT, National Privacy Commission (NPC) and in consultation
with major consumer groups, shall formulate the necessary guidelines in the proper
implementation of the real-name registration program through a SIM card
registration process based in the following parameters:


a. Submission of duly accomplished control-numbered owner's registration
form with full name, date of birth, and address. 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, ora valid passport in the case of aliens;

c. A buyer who fails to comply with the requirements for registration shall be
refused the sale of a SIM card by the seller;

d. 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;

e. The sale of a SIM card to foreign nationals shall be allowed, Provided, That:

1. Those visiting as tourists for not more than thirty (30) days shall register
their full name, passport number, and address in the SIM card
registration form and present their passport and proof of address in the
Philippines; and

2. Those staying for more than thirty (30) days either as workers or
students shall register their full name, passport, number, and address
int the SIM card registration form and present their passport, proof of
address in the Philippines, Alien Certificate of Registration
Identification Card or ACRE-Card issued by the Bureau of Immigration
(BI), and Alien Employment Permit issued by the Department of Labor
and Employment (DOLE) or school registration and ID, whichever is
applicable.

SEC. 6. SIM Card Register. The registration form required under this Act shall
be accomplished electronically and shalll be forwarded and kept by the concerned PTE
to a centralized database. The database shall strictly serve as a SIM card register to be
used by PTEs to process, activate or deactivate subscription and shall not be used for
any other purpose. 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 registration required under this Act shall be implemented at no cost to the
end users or the third-party resellers.

In the recordkeeping of information, PRs shall ensure that the end users’ data
are secure and protected at all times, The PTEs shall comply with the minimum
information security standards prescribed by the DICT consistent with internationally
accepted cybersecurity and relevant laws, rules and regulations.


The DICT shall establish and perform an annual audit on PTE's compliance
with information security standards.

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 PTEs
facility within seventy two (72) hours from such loss or change.

In case of a cyber-attack on the register, the incident shall be reported to the
DICT within twenty four (24) hours of detection.

SEC. 7. Submission of Verified List of Third-Party Resellers. - The PTEs shall
submit to the NTC, within thirty (30) 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 NIC, every quarter of each year, an updated list of the same,

SEC. 8. 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 registration
process described under this Act cannot be disclosed to any person

Notwithstanding this provision, disclosure shall be made:

a. Incompliance with any law obligating the PTE or social media provider to disclose
such information in accordance with the provisions of Republic Act No. 10173 or
the Data Privacy Act of 2012;

b. In compliance with a court order, legal process, or other government regulatory,
or enforceable administrative request for information;

¢. In compliance with Section 10 hereof; or

d. With 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.

SEC. 10. Disclosure of Information. - Notwithstanding the provisions on
confidentiality supra, the PTEs and social media providers, upon order of a competent
authority, duly authorized under existing laws to issue subpoena, shall be required to
provide information obtained int the registration pursuant to an investigation of a
complainant's verified sworn complaint that a specific mobile number or social media
account 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, including libel, anonymous
online defamation, hate speech, trolling, or spread of digital disinformation, or fake
news; and that he or she is unable to ascertain the identity of the perpetrator.


Provided, however, That no PTE or social media provider shall be held
administratively, civilly, or criminally liable on account of any disclosure done in
compliance with this Act.

For this purposed, the relevant data and information shall be kept by the PTEs
or social media providers for ten (10) years from the time the end-user deactivates the
mobile number or social media account.

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 NTC is hereby
authorized to impose a fine of Ten thousand pesos (P10,000.000) on any
third-party reseller who shall fail to comply with the registration
requirement under this Act.

If the offense is committed by a PTE, 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 million pesos
(P1,000,000.00) for every offense;

. For breach of confidentiality. - A fine of Two hundred thousand pesos
(P200,000.000) upon the third-party reseller who shall directly reveal or
disclose any information of a subscriber obtained during the registration
requirement under this Act, unless otherwise permitted by this Act, or
other laws.

If the offense is committed by a PTE or a social media provider, 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 million pesos
(P1,000,000.00) for every offense;

The same penalty shall be imposed upon the PTE or social media provider
or any of its agents or employees or third-party resellers who, despite the
written order issued by a competent court, or subpoena issued by
competent authority shall refuse the law enforcement agency or officer
access to the information specified in said written order.


For using fictitious identities to register SIM cards or social media accounts. - The
penalty of imprisonment of no less than six (6) 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 or
social media account.

d. For spoofing registered SIM cards. - The penalty of imprisonment of no less
than six (6) years, or a fine of Two hundred thousand pesos (P200,000.00),
or both shail be imposed upon anyone who causes to transmit misleading
or inaccurate information about the source of the phone call or text message,
with the intent to defraud, cause harm, or wrongfully oblain anything of
value, unless such transmission is exempted in connection with: (1)
authorized activities of law enforcement agencies; or (2) a court order
specifically authorizing the use of caller ID manipulation.

e. Unauthorized sale of registered SIM cards. - The penalty of imprisonment no
less than six (6) 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.

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.

Any 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.12. Implementing Rules and Regulations (IRR). - 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.

SEC.13. 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 and social media account
owners.

SEC.14, Transitory Provision. - 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.

PTEs, third-party resellers, and social media providers affected by the
implementation of this Act shall be given a one (1) year transitory period from the
effectivity of the implementing rules and regulations to comply with its requirements.


SEC.15. 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. 16. 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. 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,