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

FIFTEENTH CONGRESS
First Regular Session

House Bill No.__ 1833

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO

EXPLANATORY NOTE

Cellular phones and other modern gadgets capable of mobile
communications have become a necessity for many people not only in the
Philippines but throughout the world as well. The capacity to keep in touch with
family, friends, and business associates is one of the reasons for the ever
increasing importance of and demand for mobile cellular phones. Recent
advances in technology also allows cellular phones to store data, take still
pictures and videos, organize daily schedule, access to internet and map
assistance. Unsurprisingly, most people readily concedes that they cannot live
without a cell phone, in fact, almost half of cellular phone users today carry with
them a second and third phone for convenience.

However, access to wireless technology through the prepaid Subscriber
Identity Module (SIM) cards does not allow same protection and regulation as
postpaid cellular phone does. In stark contrast, the latter entails a lot of
documentation requirement to be availed while the former can be accessed
without much effort. At present, unregistered sale of prepaid SIM cards permits
anybody to use cellular phone anonymously. Making matters ‘worst, SIM cards
can be bought in almost every street of the country at extremely low price. In fact
it is not uncommon for some cellular phone users to keep multiple SIM cards for
various reasons. Thus, criminal elements have smartly opted to use these
anonymous SIM cards as a new avenue to freely conduct their illegal activities, i.
e., contacting families of kidnap victim, extortion of money and harassment.

This measure proposes to mandate persons and entities engaged in the
business of selling SIM cards to establish a registry of SIM card buyers. Through
this bill, the name and certain information pertaining to a SIM card buyer is
recorded in an Information Sheet, with the end in view of aiding law enforcement
agencies in tracking criminals. Likewise, the measure will provide penalties and
fine for violators of the same to ensure compliance with the law and to guarantee
accomplishment of its objectives. The proposal will have its own safety features
for it will require order of competent court or appropriate request from concerned
agency upon showing of proof that revelation of one’s identity is necessary.

In view of the foregoing considerations, immediate approval of this bill is

earnestly sought.
ly sought, M. . rn

MARCELINO “MARCY” R. TEODORO
Representative, 1* District
City of Marikina


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

FIFTEENTH CONGRESS
First Regular Session

House BillNo,__ 1833

INTRODUCED BY HON. MARCELINO “MARCY” R. TEODORO.

AN ACT
MANDATING THE REGISTRATION OF ALL PREPAID SUBSCRIBER
IDENTITY MODULE (SIM) CARDS FOR CELLULAR TELEPHONES AND
REQUIRING TELECOMMUNICATION COMPANIES TO KEEP A REGISTRY
OF THESE BUYERS AND PROVIDING PENALTIES FOR VIOLATION
THEREOF

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

SECTION 1. All corporations, partnerships and single proprietorships
engaged in the business of selling and dispensing prepaid Subscriber Identity
Module (SIM) cards for cellular phones are hereby mandated to register pertinent
data in an information sheet set up for the purpose, to wit:

a) Full name and complete address of the buyer appearing in a valid
identification card. In view thereof, SIM card buyers shall be required to
present and submit a photocopy of any of the following identification
document:

. Driver's License

- School Identification Card
Company Identification Card
SSS/GSIS Card

Passport

|. Senior Citizen's Card

. NBI Clearance

. Firearms License

PNOARONA

b) Assigned cell phone number of SIM card(s) and its serial number.

SECTION 2. The Information Sheet mentioned in Section 1 of this Act
shall be accomplished in triplicate copies, and shall be forwarded by the
concerned corporation, partnership and single proprietorship for filing and record
purposes to the Telecommunications Service Provider and the local government
unit (LGU) under whose territorial jurisdiction the sale occurred.

The required Information Sheet and the copies thereof shall be certified by
the President, General Manager, Treasurer or any other duly appointed officer
and the Secretary of the corporation, partnership and single proprietorship, as
the case may be.

SECTION 3. Upon order of any competent court or appropriate request
from a government law enforcement agency when it has been established that


there is probable cause that a particular cellular phone number was used in
commission of a crime or used for any illegal purpose, the Telecommunications
Service Provider or the concerned LGU shall be mandated to reveal the identity
and personal circumstances of the user of such number.

SECTION 4. Any corporation, partnership and single proprietorship, which
shall refuse or fail to comply with the registration requirement provided hereof,
shall suffer the following:

A fine of Twenty Five Thousand Pesos (P 25,000) for the first offense;
A fine of Fifty Thousand Pesos (P50,000) for the second offense;

Imprisonment ranging from one month to six months and a fine of One
Hundred Thousand Pesos (P100,000) for the third offense; and

Revocation and cancellation of the business license of the corporation,
partnership and single proprietor and a fine of Five Hundred Thousand Pesos
(P500,000) for the fourth offense.

The penalty of imprisonment shall be imposed on the President, General
Manager, Treasurer, Secretary or other duly appointed officer of the corporation,
partnership and single proprietor.

SECTION 5. Any officer of a Telecommunications Company or concerned
LGU, who shall refuse or fail to comply with the provision enshrined under
Section 3 hereof suffer the following:

A fine of Fifty Thousand Pesos (P 50,000) for the first offense;

A fine of One Hundred Thousand Pesos (P100,000) for the second
offense;

Imprisonment ranging from six months to one year and a fine of One
Hundred Fifty Thousand Pesos (P150,000) for the third and succeeding offense.

SECTION 6. The Department of Justice, in coordination with the National
Telecommunications Commission, shall issue the necessary implementing rules
and regulations to carry out the provisions of this Act within sixty (60) days from
the effectivity of this Act.

SECTION 7. This Act shall take effect fifteen (15) days from its complete
publication in two (2) newspapers of general circulation.

Approved,