SIXTEENTH CONGRESS OF THE 
) 
REPUBLIC OF THE PHILIPPINES 
) 
Third Regular Session 
) 
'1:i 
AUG 20 P2 :31 
SENA'MJll 
s. B. No. 
v-X' 
HECEI\'ED B I :_--IJ--
Introduced by SENATOR LOREN LEGARDA 
AN ACT REQUIRING THE REGISTRATION OF ALL USERS OF PRE-
PAID SUBSCRIBER IDENTITY MODULE (SIM) CARDS 
EXPLANATORY NOTE 
Based on the 2011 World Bank report entitled "Information and 
Communications for Development: Maximizing Mobile", there were 101 
mobile cellular subscriptions for every 100 people in the Philippines. 
Mobile cellular sUbscription refers to "subscriptions to a public mobile 
telephone service using cellular technology, which provided access to the 
public switched telephone network. Postpaid and prepaid sUbscriptions 
were included." The staggering figure did not reflect the actual number of 
end users since there could be multiple subscriptions. The report further 
cites that 96 percent of the total mobile cellular sUbscriptions in the 
Philippines were prepaid. 
The popularity of prepaid mobile phones can be attributed to the 
ease and convenience an end user can purchase a prepaid or "Pay As 
You Go" mobile 81M (Subscriber Identity Module) card from ubiquitous 
retailers without having to present identification or submit documents. 
Unlike postpaid mobile phone users who are required to submit 
identification papers before entering into a contract with a public 
telecommunications entity (PTE), prepaid mobile phone users can 
activate their SIM and use their phones while remaining anonymous. 
Individuals with malicious and criminal intent can exploit this blanket of 
anonymity enjoyed by prepaid mobile phone users. 
The proposed act known as "Subscriber Identity Module (SIM) Card 
Registration Act" aims for end users to be accountable for their usage of 
mobile communications by mandating SIM card registration. It gives 
direct sellers the responsibility of selling prepaid SIM cards only to users 
, 
who are able to submit a valid identification with photo. Direct sellers 
must further require the end users to accomplish and sign a control-
1 


numbered registration form issued by the respective PTE of the SIM card 
being purchased. PTEs will need to collect accomplished registration 
forms from direct sellers and submit a 
copy to the National 
Telecommunications Commission (NTC). PTEs are instructed to submit 
an updated SIM card registration of their subscribers to NTC every six 
months. 
Given the importance of this measure in minimizing the 
opportunity for certain parties to exploit the anonymity provided by 
prepaid SIMs for malicious and criminal intent, the passage of this bill is 
urgently sought. 
~EGARDA 
Senator 
frr 
2 


SIXTEENTH CONGRESS OF THE REPUBLIC 
OF THE PHILIPPINES 
Third Regular Session 
SENA~ll 
S. B. No. __ _ 
'15 
IIUG 20 P2 :31 
HEtEI\'f:;!) BY;---6-
Introduced by SENATOR LOREN LEGARDA 
AN ACT REQUIRING THE REGISTRATION OF ALL USERS OF 
PRE-PAID SUBSCRIBER IDENTITY MODULE (SIM) CARDS 
Be it enacted by the Senate and the House of Representatives of the 
Philippines in Congress assembled: 
1 
SECTION 1. Short Title. - This Act shall be known as the "Subscriber 
2 
Identity Module (SIM) Card Registration Act". 
3 
4 
SECTION 2. Declaration of Policy. - The State recognizes the vital role of 
5 
information and communications technology in nation building. 
6 
The introduction of modern telecommunications technology with the view 
7 
of providing the widest information dissemination is greatly encouraged. 
8 
The possession of the most modern technology carries with it tremendous 
9 
responsibility. Towards this end, a mechanism for the effective use of 
10 
technology for the common good and not any illegal or malicious purpose 
11 
must be established. 
12 
13 
SECTION 3. Definition of Terms. - As used in this Act: 
14 
15 
a.Direct seller refers to a person or entity, whether natural or juridical, 
16 
who directly dispenses or sells a SIM card to an end user; 
17 
18 
b.End user refers to any person or entity who directly purchases a SIM 
19 
card from a direct seller; 
20 
21 
c. Post paid mobile phone refers to a mobile phone the service of which is 
22 
provided by a prior arrangement with a Public Telecommunications 
23 
Entity. The user in this situation is billed after the fact, according to their 
24 
use of mobile services at the end of the monthly billing cycle; 
25 
26 
d. Prepaid mobile phone refers to a mobile phone for which credit is 
27 
purchased in advance of service use. The purchased credit is used to pay 
28 
for mobile phone services at the point the service is accessed or 
29 
consumed. If there is no available credit then access to the requested 
1 


1 
service is denied; 
2 
3 
e. Public Telecommunications Entity or PTE refers to any duly enfranchised 
4 
and authorized public telecommunications entity that offers voice, short 
5 
messaging system (SMS/text), mobile data, value-added services (VAS) or 
6 
any other telecommunications services to the public for a fee; 
7 
8 
f. SIM card refers to the Subscriber Identity Module (SIM), which is an 
9 
integrated circuit that securely stores the international mobile subscriber 
10 
identity and the related key used to identify and authenticate subscribers 
lion mobile telephony devices, such as mobile phones and computers. A 
12 
SIM card is a removable plastic card into which a SIM circuit is 
13 
embedded, and can be transferred between different mobile devices; 
14 
15 
g. S1M card registration refers to the process of recording and verifying 
16 
mobile phone 
number and personal information of a subscriber, by a 
17 
PTE or other direct seller, including the subscriber's photograph, name, 
18 
date of birth, gender and address. 
19 
20 
SECTION 4. Sale and Registration of S1M Cards. - Every direct seller shall 
21 
require the end user of a SIM card to present valid identification with 
22 
photo to ascertain the latter's identity. 
The direct seller shall further 
23 
require the end user to accomplish and sign a control-numbered 
24 
registration form issued by the respective PTE of the SIM card being 
25 
purchased. The registration form shall include an attestation by the end 
26 
user that the identification documents presented are true and correct and 
27 
that the person, personally appearing before the direct seller, who 
28 
accomplished and signed the registration form, are one and the same. 
29 
30 
Except in cases where the PTE is the direct seller, the accomplished 
31 
registration form must be submitted to the concerned PTE within fifteen 
32 
(15) days from the date of sale. The confidentiality clause in the SIM card 
33 
registration under Section 9 hereof shall start to apply at the point of sale. 
34 
35 
An end user who does not produce valid identification with photo or fails 
36 
to accomplish a registration form in accordance with the preceding 
37 
paragraph shall be refused the sale of a SIM card by the direct seller. The 
38 
direct seller shall issue the SIM card to the end user only after compliance 
39 
with the requirements mentioned above and in the succeeding sections. 
40 
41 
SECTION 5. Representative Registration of SIM Cards. - A person who 
42 
wants to purchase a SIM card but cannot personally register with the 
43 
direct seller may, for valid reason, authorize another to register in that 
44 
person's behalf, subject to the following conditions: (1) the representative 
45 
is authorized through a duly notarized Special Power of Attorney; and (2) 
46 
the principal and the representative should present an original and a true 
47 
and clear copy of any of the valid identification cards with photo listed in 
48 
Section 6 (a) hereof. 
49 
50 
In case the person intending to purchase a SIM card IS a minor, the 
2 


1 
parents or guardian shall be required to give their express consent in 
2 
writing, and submit the same with the registration form and valid 
3 
identification cards with photo of both the minor and the parents or 
4 
guardian. 
5 
6 
The direct seller may deny the request for representative registration after 
7 
an assessment that the reason given therefor is not valid or that the 
8 
identification cards or their true copies are not authentic or sufficient. 
9 
10 
SECTION 6. Coverage of Registration. - All direct sellers are hereby 
11 
mandated to register pertinent data in a registration form devised for the 
12 
purpose, to include the following information and requirements: 
13 
14 
a) Full name and complete address of the end user appearing in a valid 
15 
government-issued identification document with photo. In view thereof, 
16 
SIM card end users shall be required to present the original and 
17 
submit a true and faithful reproduction or 
photocopy of any of the 
18 
following government identification documents with photo, including the 
19 
following: 
20 
21 
1. Driver's License 
22 
2. Social Security Service/Government Service Insurance System 
23 
(SSS/GSIS) Card 
24 
3. Passport 
25 
4. Senior Citizen's Card 
26 
5. Person with Disabilities Card 
27 
6. National Bureau of Investigation (NBI) Clearance 
28 
7. Police Clearance 
29 
8. Firearms License 
30 
9. Voter's Identification Card 
31 
10. Taxpayer's Identification Number (TIN) 
32 
11. Professional Regulation Commission (PRC) Identification Card 
33 
12. Government Office Identification Card 
34 
13. School Identification Card (in case of a minor) 
35 
36 
. The direct seller may make further inquiries or require the submission of 
37 
additional identification if necessary, and withhold the sale of the SIM 
38 
card pending compliance with the additional requirements. 
39 
40 
b) Assigned cell phone number of SIM card(s) and serial number / s. 
41 
42 
SECTION 7. 
Submission of Registration Form. - The registration form 
43 
required under Section 6 of this Act shall be accomplished in triplicate, 
44 
and shall be forwarded by the direct seller to the concerned PTE. The 
45 
concerned PTE shall submit a copy of the duly accomplished registration 
46 
form to the National Telecommunications Commission (NTC) within fifteen 
47 
(15) days from the date of sale or receipt of such form from their 
48 
respective direct sellers. The required registration form and the copies 
49 
thereof shall be certified by either the President, General Manager, 
50 
Treasurer, Secretary or any other duly appointed officer of the PTE or 
3 


1 
direct seller, as the case may be. 
2 
3 
SECTION 8. Submission of Verified List of Dealers or Agents. - The PTEs 
4 
shall submit to the NTC, within thirty (30) days from the date of effectivity 
5 
of this Act, a verified list of their current authorized dealers or agents 
6 
nationwide. Thereafter, the PTEs shall submit to the NTC every quarter of 
7 
each year an updated list of the same. 
S 
9 
SECTION 9. Confidentiality Clause. -
Any information in S1M card 
10 
registration shall be treated as absolutely confidential, and may be 
11 
released only upon written consent of the subscriber: Provided, That the 
12 
waiver of absolute confidentiality shall not be made as a condition for the 
13 
approval of subscription agreements with the PTEs. 
14 
15 
SECTION 10. Disclosure of Information. - Notwithstanding the provisions 
16 
of Section 9 hereof, the PTEs shall be required to provide information 
17 
contained in the S1M card registration only upon order of a competent 
18 
court upon finding of probable cause that a particular number is or has 
19 
been used in the commission of a crime or any unlawful act. 
20 
21 
SECTION 11. SIM Card Register. - All PTEs are required to submit an 
22 
updated S1M Card Register of their subscribers to the NTC every six (6) 
23 
months of both postpaid and prepaid mobile phone users, and maintain a 
24 
record containing information required under Section 6 of this Act. 
25 
26 
In case of loss or any change in the information after the acquisition of 
27 
the S1M card, the subscriber must notify the PTEs within thirty (30) days 
28 
from such loss or change. The concerned PTE in return must notify the 
29 
NTC of such loss or change in the information within fifteen (15) days 
30 
from receipt of notification from the subscriber. 
31 
32 
All PTEs are required to keep the data of their subscribers and the NTC 
33 
shall see to it that this data is being kept with utmost confidentiality as 
34 
provided for under Section 9 of this Act and in accordance with existing 
35 
laws. 
36 
37 
SECTION 12. Registration of Existing Prepaid Mobile Phone Subscribers. -
38 
All existing mobile phone subscribers with prepaid 81M cards are required 
39 
to register with their respective PTE within one hundred eighty (180) days 
40 
from effectivity of this Act. Such deadline may be extended by the NTC 
41 
but shall not be longer than one hundred twenty (120) days, upon a valid 
42 
written request. 
43 
44 
Failure to register within the prescribed period shall authorize the PTE to 
45 
automatically deactivate its services to the specific existing prepaid SIM 
46 
card subscriber. 
47 
48 
SECTION 13. Penalties. The following penalties shall be imposed for 
49 
violation of any provision of this Act: ) If the offense is committed by a 
50 
PTE, the President and other executive officers shall be held liable and the 
4 


1 
following penalties shall be imposed: 
2 
(1) First offense: A fine of Three hundred thousand pesos (P300, 000.00); 
3 
(2) 
Second offense: A fine of Five hundred thousand pesos (PSOO, 
4 
000.00); and 
5 
(3) 
Third and subsequent offenses, a fine of One million pesos (PI, 
6 
000,000.00) for every offense. 
7 
b) A penalty of suspension of its operation and a fine ranging from Five 
8 
thousand pesos (PS,OOO.OO) to Fifty thousand pesos (PSO,OOO.OO) shall be 
9 
imposed on any direct seller who fails to comply with the provisions of 
10 
this Act. 
11 
12 
SECTION 14. Implementing Rules and Regulations (IRR). - Within ninety 
13 
(90) days from the effectivity of this Act, the NTC, in coordination with 
14 
concerned agencies, shall promulgate the rules and regulations and other 
15 
issuances as may be necessary, to ensure the effective implementation of 
16 
this Act. 
17 
18 
SECTION 15. 
Separability Clause. - Should any part of this Act be 
19 
declared unconstitutional or invalid, other provisions hereof that are not 
20 
affected thereby shall continue to be in full force and effect. 
21 
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SECTION 16. Repealing Clause. - All laws, decrees, executive orders, 
23 
proclamations, rules and regulations, and issuances, or parts thereof 
24 
which are inconsistent with the provisions of this Act, are hereby 
25 
repealed, amended or modified accordingly. 
26 
27 
SECTION 17. Effectivity. - This Act shall take effect fifteen (IS) days after 
28 
its complete publication in the Official Gazette or in a newspaper of 
29 
general circulation. 
30 
31 
Approved, 
5