Republic of the Philippines
HOUSE OF REPRESENTATI VES
Quezon City

NINETEENTH CONGRESS
First Regular Session

are
HOUSE BILL NO. 4537

iniioduced by

Along with the continuous evolution and advancement of digital technology, the
Philippines has been called the "TEXT" capital of the world due to the large volume of Short
Messaging System (SMS) traffic exchange in the country. This SMe technology has

to “Til text you"

With the introduction of pre-paid accounts with no monthly fees or need for credit
history. the service became even more accessible and affordable to people. The rise in the
umber of prepaid subscribers has been remarkable. An individual can avail as many pre-paid
Subscriber Identity Module (SIM) card accounts as he wants, activate all accounts for his
own preferential use, and discard and change number as often as he could

there are also disadvantages that we may have overlooked if not accordingly addressed with
One is exploitation. In fact, countless people have already fallen prey to text scams
Perpetrated by unscrupulous individuals using mobile phones for their ill-reputed schemes.
Another is, and most vicious disadvantage is the use of mobile Phone to trigger explosive
devises. Unregistered number is also used to harass, bully, intimidate, send libelous and
slanderous messages and even demand ransom

This Dill seeks to curve, if not totally eradicate the occurrence of such crimes using
Untraceable mobile numbers, or unregistered SIM cards. It is seen to dissuade criminals to
Proceed with their nefarious activities for fear being casily caught

in view of the foregoing, approval of this bill is earnestly sought

SALVADOR



Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
Flist Regular Session

(7 4537

HOUSE BILL NO. _. a

inuoduced by. LVADOR A. LY TO, SR.

AN ACT REQUIRING THE REGISTRATION OF SUBSCRIBER IDENTITY
MODULE (SIM) CARDS, AND FOR OTHER PURPOSES

Be ii enacted by the Senate and the House of Representerives Of the Philippines in Congress
assembled:

SECTION 1. Short Tithe This Act shall be known as the “Subscriber Identity Module
(SIM) Card Registration Act of 2022.

SEC. 2. Declaration of Policy ~'Vhe 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
max Cndangers people's lives, damages property, poses hazards to Public order, and even
ilireateis the security of nations

Towards this end, the Siate shall require the registration of SIM cards for electronic
communication devices by all users to promote accountability in the use of Subscriber

Identity Module (SIM) card, and to provide law enforcement agencies the tools to resolve
Crimes which invalve its utilization and the platfarm to deter the commission of wronedoinos

SEC. 3. Hefiniuon of Terms The following terms as used in this Act are defined as
indicated:

a)

user ~ refers to any subscriber who directly purchases a SIM card from a direct
se oF the, Cruatily for his personal use or for business use: Provided. thar if the
see ete SIM card is for business purposes, the end user chatt be the one
designated as responsible for the intended use of the SIM card,

b) Public Telecommunication Entity (PTE) — refer to any person, firm, partnership or

OF private, Cagaged i

the Pearse pte Public for compensation, as defined under Republic Act Na 7925 or
the Public Telecommunications Policy Act of the Philippines

©) SIM (Subscriber Identity Module) Card ~ refers to an integrated circuit chip that is
ttended to securely store the international mobile subscriber identity or IMSI


number and its related key, which are used to identity and authenticate subscribers
on electronic Communication devices, such as mobile telephones, internet and
similar devices. It shall also refer to an Clectronic or digital equivalent of said chip,

such as an eSIM or a Programmable SIM card that is embedded directly into an
electronic communication device;

4) Spootine ~ reters to the at of transmitting false, misleading or tmaccurate
information about the source of the phone call or text messaye to hide or disguise
one’s identity, with the intent to defraud, cause harm, or wrongfully obtain anything
of value fiom the recipient ofthe phone call or text message:

©) Subscriber — refers to any person, natural or Juridical, who avails of mobile
‘elecommunications service from a mobile service provider; and

9 Dhutd-pary reseller - refer to any person who sell SIM cards other than the PTEs
themselves including their agents, dealers employees ar representatives whether
Authorized or not, and even if sold through a physical store or an online platform

AT ere “are Regisirarion ~ In order to deter the proliferation of SIM card-aided
Tr aeaasall PTES shall require the registration of SIM cards na Pre-requisite to the sale thereof,
"accordance with the guidelines set forth under this Act

AUl existing SIM card subseribers with active Services shall register with their
isspective PTEs within one hundred eighty (180) days from effectivity of this Act. An
extension period of no longer than one hundred wventy (120) days shall be allowed upon
valid written request to the Department of ‘nformation and Communications Technolowy

Failure to register within the prescribed period shall authonize the PTs to automatically
deactivate or retire the SIM card number

SEC. 5. Sale und Registration Guidelines — The National Telecommunications
Commission (NTC). in close coordination with the PTEs, the concerned agencies of
government ing juding dui not jimited w the Deparunent of Trade and in lustry (Di),

jaformation and Communications Technology (DICT), National Privacy
Commission (NPC), and in consultation with major consumer groups, shall formulate the

on te ny Buidelines in the proper implementation of the SIM card registration process based
on the following parameters

a Submission of duly accomplished contro!
with real full name, date of bitth, c
card. The registration form shall



case of aliens:

¢. The end-user who fails to comply with the requirements for registration shall be
refused the saie ofa Siiv ewid by the se

& The sale of SIM card t0 @ minor shall not be prohibited, Provided, ‘hat said minor
reoieteae need by @ parent or legal guardian at the time of its purchase and
registration,

©. ‘The sale of SIM cards to foreign nationals shall be allowed, Provided, ‘Vhat:

* Those visiting as tourists for not more than thirty (30) days shall register their real
full naime, passport number, and Philippine address in the SIM card registration
form and present their passport and proof of address inthe Philippines: an

‘i Those staying for more than thiny (30) days either as workers of students shall
‘eeister their real full name, passport number, and Philippine address in the SIM
Cad registration form and present their passport and proof of address in the
Philippines, Alien Certificate of Registration Identification Card or ACRI-cand

issuod by the Bureau af | tion (BY, and Ation Empto;
the Department of Labor and Employment (DOLE) or school registration and ID,
whichever is applicable,

SEC. 6. SIM Card Registry ~The fegistration form required under this Act shall be
accomplished electronically and shall be forwarded and stored by the concerned PTE to a
centralized database. ‘The database shall strictly serve as a SIM card Tegister 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 requited registration form shall serve as the
Certification of legitimate purchase by the end-user and the duly appointed agents of the PTE
or third-party reseller, as the case maybe.

The registration required under this Act shall be unplemented at no cost to the end users
or third-party resellers,

In the recordkeeping and storage of information, PTEs shall ensure that the end-user’s
data are secure and Protected at all times. The PTE: shall comply with the minimum
formation security standards prescribed by the DICT consistent wih internationally
accepted cybersecurity standards and relevant laws, rules and regulations, as well as date
Storage security best practices as determined by the NPC.

The DICT and the NPC shall establish and perform an annual audit on PTE’s

Tmation security standards and data privacy standarde esos
HGNOR Security standards and data privacy standards, rospect

{n 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 PTE"s facility within
seven (7) days from such loss or damage


In case of a cyber-attack Pm the register, the incident shall be reported to the Dict
within twenty-four (24) hours of detection, without prejudice to compliance with the

SEC. 7. Submission of Verified List of Third-Party Resellers The PTs shall submit
tp ihe NTC, within thirty (30) days fiom tite date of efeuiivity of this Aw, a verified iist uf ait
their current authorized third-party resellers. Thereafter, the PTE’s shall submit to the NTC,
Svery quarter of each year, an updated list of the same,

SEC. 8. Liabilities of Uhird-Party Resellers ~ Any third-party reseller that will engage

sale of is shall be hold

inthe

this Act.

‘ulontly registered or stolen SIM ca

SEC. 9. Confidentiality ¢ ‘Jause ~ Any information obtained in the SIM card Tegistration
Process shall be treated as absolutely-confidential, and cannot be disclosed to unauthorized
Persons except:

a. Upon the written consent of the end-user: Provided, That the waiver of absolute
confidentiality shall not be made as a condition for the approval of subscription
agreements with the PTEs: or

b. In compliance with anv law obligating the PTE to disclose such information in

SEC. 10. Disclosure of Information Notwithstanding the provisions on
confidentiality, the PTES shall be required to provide information obtained in the SIM card
certation process only upon the order of a competent authority duly authorized under
mane ue laws to issue subpoena and upon finding probable cause that a specific mobile

M eaqndlvious, flauduiem or uniawiul act: Provides Tn such written order shail oniy
be granted upon application in writing 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 competent authority being satisfied that

the SIM card ha:

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card is probably the perpetrator of the same; and
There is no other speedy and adequate means Feadily available to obtain such facts
and information: Provided finely. Thar mor PVE Spal fe ete administratively
Gully or criminally liable on account of any disclosure done in compliance with
this Act

For this purpose, the relevant data and information shall be kept and stored by the PTE
for ten (10) vears from the time the end-user deactivaten ihe mobile number,

SEC. 11. Penalties. ~ The following penalties shall be imposed for violation of any
Provision of this Act:


(a) For failure 1 comply with the registration requirement. — Vhe NYC 1 hereby

authorized to impose a fine of Ten Thousand Pesos (P10,000.00) on any third-party

reseller who shall fail to comply with the SIM card registration requirement under
this Act.

5, the following penaities six

e imposed,

') First offense: a fine not exceeding Three Hundred Thousand Pesos
(P300,000.00)
ii) Second offense:

{P500,000.00}

@ fine not exceeding Five Hundred Thousand Pesos

'i) Third and subsequent offences: a fine not exceeding One Million Pesos
(P1,000,000.00) for every offense:

(0) For breach of confidentialiy — fine of Tw
(P200,000.00) shall he imposed pon the third-party
reveal or disclose any information of a subscriber obtained during the registration
Process under this Act, unless otherwise permitted by this Act or other laws.

1) First offense: a fine not exceeding Three Hundred Thousand Pesos
(P300,000.00)

") Second offense: a fine not exceeding Five Hundred Thousand Pesos
(P500,000.00)

1) Third and subsequent offences: a fine not exceeding One Million Pesos
(P1,000,000.06} for every offense:

The same penalty shall be imposed upon the PTE oF any of its agents or employces

\sho, despite the written order issued by Competent court, shall refuse the law

enforcement agency and/or officer access to the information specified in said

written order

(©) Hor using fictitious identities to register
Of not less than six (6) years, or a fin
{P200,000.00), or both, shall be imposed upon anyone who uses a fi
f9 purchase and register a SIM card

(4) Vor spoofing registered SIM ards. "The Penalty of imprisonment of not less than
pi (©) Years, oF a fine of up to Two Hundred Thouseed Pesos (P200,000.00), or
both, shall be imposed upon anyone who causes to transmit misleading or inaccurate
information about the source of the phone call or a message, with the intent to
defraud. cause harm. or wrongfully obtain anything of value. unle:

such
{ransmission is exempted in connection with

|. Authorized activities of law enforcement agencies; or
2. A court order specifically authorizing the use of caller [D manipulation.

(©) Unauthor

1 sale of registered SIM cards. The penalty of 'mprisonment of not
less than six (6) years, or a fine of Two Hundred ‘Thousand Pesos (200,000.00), or


Cait shall be tmposed upon a third-party resellers or anyone who sells or offers tor
Sale a registered SIM card without being authorized to de sn

Any person who. willfully attempts to commit or abets or aids in the commission of
any offenses enumerated in this Act shall be held liable.

A prosecution under this Act shall be without Prejudice to any fhability for any
violation of any provision of the Revised Penal Code, as amended, or special laws

SEC. 12. Implementing Rules and Regulations (IRR) — Within ninety (90) days from the
effectivity of this Act, the N’ TC, in coordination with the DICT and other concerned agencies,
Sil promulgate the rules and regulations and other issuanece an may de necessary 10 ensure
the effective implementation of this Act.

SEC. 13. Transitory Provision — only direct sellers who have been duly authorized by
the PTEs and the NTC shall be allowed to sell prepaid SIM cards. Upon the effectivity of
th: fi i

al andated te recall

SIM cards for sale fo the public by thove
SIM cards for sate to the pul :

establishments not authorize by it. Otherwise, they shall be liable for the penalties prescribed
in this Act.

SEC. 14. Separability Clause. - Should any part of this Act be declared unconstitutional
or invalid, the other provisions hereof that are not affected thereby shall continue in full force.

and effect.

Sec. 15. Repealing Clause. - All laws, decrees, executive orders, proclamations, rules
aiid regulations, and issuances or parts thereof which are inconsistent wht the provisions of
thls Act are hereby repealed, amended or modified accordinaly,

SEC. 16. Liffectivity ~ This Act shall take effect after fifteen (15) days after its
Publication in the Official Gazette or in a newspaper of general circulation.

Approved,