EIGHTEENTH CONGRESS OF THE ) 
REPUBLIC OF THE PHILIPPINES )
Third Regular Session 
)
[uJ r^ATP;.§_e_PL13 202
iCO
12:10 p.m.
SENATE 
S. No. 2395
SY
Glit
ll^DEX
(In Substitution of S. Nos. 25, 109, 176, 236, 340, 388, and 693)
Prepared and submitted jointly by the Committees on Public Services; and Trade, 
Commerce and Entrepreneurship, with Senators Lacson, Zubiri, Gatchalian, Sotto, 
Villar, Pacquiao, Pangilinan, and Poe as authors thereof
AN ACT
TO ERADICATE MOBILE PHONE-AIDED TERRORISM AND CRIMINAL 
ACTIVITIES, MANDATING FOR THIS PURPOSE OWNERSHIP 
REGISTRATION OF ALL SIM CARDS FOR CELLULAR PHONES
Be it enacted by the Senate and House of Representatives of the Philippines in 
Congress assembled:
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Section 1. Short Title. - This Act shall be known as the "5/A/ Card Registration
Act"
Sec. 2. Definitions. - For purposes of this Act, the following terms shall mean:
a) 
Public Telecommunications Entity or PTE - shall refer to any person, 
firm, partnership or 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;
b) 
SIM (Subscriber Identity Module or Subscriber Identification Module) 
Card- shall refer to an integrated circuit chip that is intended to securely store the 
international mobile subscriber identity or IMSI number and its related key, which are 
used to identify and authenticate subscribers on mobile telephony devices;
c) 
Spoofing-shall refer 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;
d) 
Subscriber-shaW refer to any person, natural or juridical, who avails of 
mobile telecommunications service from a mobile service provider; and


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e) Third-party reseller- shall refer to agents, dealers, or anyone who sells
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SIM cards other than the PTEs themselves.
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Sec. 3. SIM Card Registration. - In order to deter the proliferation of SIM card-
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aided crimes, such as but not limited to terrorism; text scams; unsolicited, indecent or
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obscene messages; bank fraud; and massive disinformation which cause chaos and
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disorder, all PTEs shall require the registration of SIM cards as pre-requisite to the
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sale thereof, in accordance with the guidelines set forth under this Act.
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All existing SIM card subscribers with active services shall register with their
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respective PTEs within a year from effectivity of this Act.
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Failure to register within the prescribed period shall authorize the PTEs 
to
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automatically deactivate or retire the SIM card number.
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Sec. 4. Sale and Registration Guidelines. -The National Telecommunications
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Commission (NTC), in close coordination with the PTEs, the concerned agencies of
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government including but not limited to the Department of Trade and Industry (DTI),
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Department of Information and Communications Technology (DICT), National Privacy
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Commission (NPC), and in consultation with major consumer groups, shall formulate
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the necessary guidelines in the proper implementation of the SIM card registration
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process based on the following parameters:
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a. Submission of duly accomplished control-numbered owner's registration form.
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The registration form shall include an attestation by the SIM card buyer that
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the person personally appearing before the direct seller and the identification
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documents presented are true and correct, and that said person is the one who
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has accomplished and signed the registration form;
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b. Presentation of valid government-issued identification cards or other similar
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forms of documents that will verify the identity of the SIM card buyer, or a
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valid passport in the case of aliens; and
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c. Active SIM cards acquired prior to the implementation of this Act that fail to be
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registered within thirty (30) days from its intended credit reload shall
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automatically be deactivated by the concerned PTE.
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d. A buyer who fails to comply with the requirements for registration shall be
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refused the sale of a SIM card by the seller.


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e. 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.
Sec. 5. Sim Card Registry. - The registration form required under this Act shall 
be accomplished electronically and shall be forwarded by the concerned PTE to a 
centralized database accessible by the NTC and DICT. 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 NTC shall ensure that the recordkeeping of such information is in 
accordance with the provisions of the Data Privacy Act of 2012.
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 
PTE's facility within seven (7) days from such loss or change.
Sec. 6. Submission of Verified List of Third-Party Reseiiers. - The PTEs shall 
submit to the NTC, within thirty (90) 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 NTC, every quarter of each year, an updated list of the same.
Sec. 7. Obiigation and Liabilities of Third-Party Reseiiers. - 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. 8. Confidentiality Clause. - Any information obtained in the SIM card 
registration process shall be treated as absolutely confidential, in accordance with the 
provisions of the Data Privacy Act of 2012, and cannot be disclosed to unauthorized 
persons, except upon 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. 9. Disclosure of Information. - Notwithstanding the provisions on 
confidentiality, the PTEs shall be required to provide information obtained in the SIM 
card registration process only upon the order of a competent court and upon finding 
of probable cause that a specific mobile number was or is being used in the 
commission of a crime or that it was utilized as a means to commit a malicious.


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fraudulent or unlawful act: Provided, that such written order shall only be granted
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upon application in writing of any law enforcement agency and/or officer, and only
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upon examination under oath or affirmation of the applicant and the witnesses he may
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produce and upon the court being satisfied that: (1) there is reasonable ground to
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believe that the SIM card has been used in the commission of a crime or for a
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malicious, fraudulent or unlawful purpose; (2) that there is reasonable ground to
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believe that the registered owner of the said SIM card is probably the perpetrator of
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the same; and (3) there is no other speedy and adequate means readily available to
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obtain such facts and information.
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Sec. 10. Penalties. - The following penalties shall be imposed for violation of
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any provision of this Act:
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(a) For failure to comply with the registration requirement - The National
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Telecommunications Commission (NTC) is hereby authorized to impose the
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following fines on any PTE or third-party reseller who shall fail to comply
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with the SIM card registration requirement under this Act:
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i. A fine of ten thousand pesos (P10,000.00) in the case of a third-
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party reseller; and
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ii. A fine of one hundred thousand pesos (P100,000.00) in the case
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of a PTE.
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(b) For breach of confidentiality. - A fine of two hundred thousand pesos
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(P200,000.00) shall be imposed upon the PTE, or its agent or employee, or
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third-party reseller who shall reveal or disclose any information of a
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subscriber obtained during the SIM card registrabon process.
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The same penalty shall be imposed upon the PTE or any of its agents or
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employees who, despite the written order issued by a competent court, shall
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refuse the law enforcement agency and/or officer access to the information
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specified in said written order.
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(c) For using fictitious identities to register SIM cards. - The penalty of
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imprisonment ranging from six (6) months and one (1) day to twelve (12)
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years, or a fine of up to two hundred thousand pesos (P200,000.00), or
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both, shall be imposed upon anyone who uses a fictitious identity to
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purchase and register a SIM card.


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(d) For spoofing registered SIM cards. - The penalty of imprisonment ranging
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from six (6) months and one (1) day to twelve (12) years, or a fine of two
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hundred thousand pesos (P200/000.00), or both, shall be imposed upon
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anyone who causes to transmit misleading or inaccurate information about
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the source of the phone cail or text message, with the intent to defraud,
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cause harm, or wrongfully obtain anything of value, unless such
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transmission is exempted in connection with: (1) authorized activities of iaw
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enforcement agencies; or (2) a court order specifically authorizing the use
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of caller ID manipulation.
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(e) Unauthorized sale of registered SIM cards. - The penalty of imprisonment
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ranging from six (6) months and one (1) day to twelve (12) years, or a fine
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of two hundred thousand pesos (P200,000.00), or both, shall be imposed
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upon third-party resellers or anyone who sells or offers for sale a registered
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SIM card without being authorized to do so.
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Sec. 11. Other offenses. - Any person who willfully attempts to commit or abets
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or aids in the commission of any of the offenses enumerated in this Act shall be held
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liable.
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Sec. 12. Liability under Other Laws. - A prosecution under this Act shall be
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without prejudice to any liability for violation of any provision of the Revised Penal
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Code, as amended, or special laws.
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Sec. 13. Implementing Rules and Regulations and Reportoriai Requirement -
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The NTC, in close coordination with the DICT, DTI, NPC and major consumer groups,
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shall set the guidelines for the monitoring and proper implementation of this Act and
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shall issue the necessary implementing rules and regulations within sixty (60) days
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upon the effectivity of this Act.
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All PTEs are required to submit to the NTC, DICT, and to both Houses of
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Congress an annual report on the implementation of the provisions of this Act.
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Sec. 14. Interpretation. - Any doubt in the interpretation of any provision of
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this Act and its implementing rules and regulations shall be construed in a manner
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that accords the highest respect for privacy, and liberally interpreted in a manner
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mindful of the rights and interests of SIM card subscribers.


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Sec. 15. Repealing Clause. - All laws, decrees, orders, rules and regulations or
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other issuances or parts thereof inconsistent with the provisions of this Act, are hereby
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repealed and modified accordingly.
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Sec. 16. Separability Clause. - If any portion or provision of this Act is declared
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unconstitutional, the remainder of this Act or any provision not affected thereby shall
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remain in force and effect.
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Sec. 17. Effectivity. - This Act shall take effect fifteen (15) days after its
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publication in the Official Gazette or at least two (2) national newspapers of general
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circulation.
Approved,