Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

House BILLNO, 2923

Introduced by: REP. TOBIAS “TOBY” M. TIANGCO

EXPLANATORY NOTE

The proposed bill is the approved version of House Bill No. 5793 considered
by the House of Representatives during the 18" Congress; however, the Senate
introduced a proviso including social media registration that led to the veto by then
President Rodrigo Roa Duterte. The reason as stated,

..the inclusion of social media providers in the registration
requirement was not part of the original version of the bill and
needs a more thorough study. Prior versions only mandated the
registration of SIM cards. The President similarly found that
certain aspects of state intrusion, or the regulation thereof, have
not been duly defined, discussed, or threshed out in the enrolled
bill, with regard to social media registration.

As stated in the original explanatory note, the proposed bill known as
Subsoriber Identity Module (SIM) Card Registration Act aims to make end users
accountable for their SIM Card usage and make sellers responsible in selling prepaid
SIM cards to those people who can submit valid identification and official documents.

For as low as seventeen (17) pesos anyone can buy a (Subscriber Identity
Module) SIM card from online shops. Anyone can also buy a prepaid SIM Card
without having to present identification or submit any documents, The accessibility
and affordability of SIM cards paved the way for people to use multiple SIM cards
that can be used to commit fraudulent acts and cyberbullying.

In 2020, the “police recorded 6,110 cybercrime offenses such as online
scams, computer-related identity theft, and phishing.” In 2021, “Globe Telecom
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.”

Due to lack of SIM card registration, it becomes nearly impossible to trace the
persons behind text or email scams, breach of data privacy and other modes of
cybercrimes hiding under an unregistered SIM card or number.


Moreover, because of changes in the dynamics of technology, there is a need
to transform our legal approach that may be needed as a result of the emergence of
these situations. The State needs to address these issues by providing a safe
cyberspace for the people by requiring the citizens to register their SIM cards.

In view of the foregoing, the passage of this bill is earnestly sought.

TOBIAS “TOBY” M. TIANGCO
Representative
Lone District, Navotas City


Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

NINETEENTH CONGRESS
First Regular Session

HOUSE BILLNO. _2923

Introduced by: REP. TOBIAS “TOBY” M. TIANGCO

AN ACT
REQUIRING THE REGISTRATION OF SUBSCRIBER IDENTITY MODULE

SECTION 1. Short Title. ~ This Act shall be known as the 1 “Subscriber
Identity Module (SIM) Card Registration Act’.

SECTION 2. Declaration of Policy. The State recognizes the vital role of
information and communications technology in nation building and encourages its
growth and development.

Amid the benefits of technology come its illegal or malicious use that
endangers people's lives, damages property, poses hazards to public order, and
even threatens the security of nations.

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

Towards this end, the State shall require the registration of SIM cards by ail
users,

SECTION 3. Definition of Terms. — As used in this Act:

(a) Direct seller refers to a person, natural or juridical, who directly
dispenses or sells a SIM card to an end user;

(b) End user refers to any individual/subscriber who directly purchases a
SIM card from a direct seller;

(c) Postpaid subscription refers to the subscription wherein service is
provided by virtue of a prior arrangement with a public telecommunications


entity, and the end user thereof is billed at the end of the monthly billing cycle
according to the use of mobile service;

(8) Prepaid subscription refers to the subscription wherein credit is
purchased in advance of service use. The purchased credit is used to pay for
mobile phone services at the point the service is accessed or consumed. If
there is no available credit, then access to the requested service is denied;

(e) _ Public Telecommunications Entity or PTE refers to any person, natural
or juridical, government or private, engaged in the provision of
telecommunications services to the public for compensation;

(f) SIM refers to the Subscriber Identity Module which is an embedded
circuit that securely stores international mobile subscriber identity and related
keys used to identify and authenticate subscribers on mobile devices, such as
mobile phones and computers

(g) __ SIM card refers to a removable card into which an electronic integrated
circuit is embedded and is transferrable between different mobile devices; and

(h) SIM card registration refers to the process of recording and verifying
mobile phone number and personal information of a subscriber, by a PTE or
other direct seller, including the subscriber's full name, date of birth, gender,
and address

SEC. 4. Sale and Registration of SIM Cards, - Every PTE or direct seller shal!
require the end user of a SIM card to present a valid identification document with
photo to ascertain the latter's identity. The PTE or direct seller shall further require
the end user to accomplish and sign a control-numbered registration form issued by
the respective PTE of the SIM card purchased. The registration form shall include an
attestation by the end user that the person appearing before the direct seller is the
same person who accomplished and signed the registration form and that the
identification documents presented are valid and correct. Failure of an end user to
comply with the requirements under this section shall be a ground for the PTE or
direct seller to refuse the sale and issuance of a SIM card.

Except in cases where the PTE is the direct seller, the accomplished registration
form must be submitted by the direct seller to the concerned PTE within fifteen (15)
days from the date of sale. Failure on the part of the direct seller to comply under this,
section shall constitute a violation of this Act.

SEC. 5. Coverage of Registration. — All direct sellers are hereby mandated to
register the following information in the SIM card registration form:

(a) Full name, date of birth, gender, and address of the end user appearing in a
valid government-issued identification document with photo. SIM card end users
shail be required to present the original copy of any of the following valid government
identification document (ID) with photo:

(1) Passport;


(2) National ID;

(3) Digitized Social Security Service (SSS) ID;

(4) Government Service Insurance System (GSIS) e-Card;
(5) Driver's license;

(6) Firearms’ License to Own and Possess (LTOP) ID;

(7) Professional Regulation Commission (PRC) ID;

(8) Integrated Bar of the Philippines (IBP) ID;

(9) Overseas Workers Welfare Administration (OWWA) ID;
(10) Digitized Bureau of Internal Revenue (BIR) ID;

(11) Voter's ID;

(12) Senior Citizen's card;

(13) Person with Disabilities (PWDs) card; or

(14) Other government-issued ID.

In the absence of any of the above IDs, a National Bureau of Investigation (NBI)
clearance, police clearance, or a Philippine Statistics Authority (PSA) certified birth
certificate with an ID picture taken within the last six (6) months prior to the purchase
of a SIM card shall suffice. The direct seller may make further inquiries or require
the submission of additional identification, if necessary. The purchase of a SIM card
may be withheld pending submission of the additional requirements;

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

In the case of end users who are foreign nationals, they shall register their full
name, passport number, and address in the SIM card registration form upon
presentation of the following:

(1) For foreign nationals visiting as tourists for not more than thirty (30) days:

(i) Passport;
(ii) Proof of address in the Philippines; and
(iii) Return ticket to own country of the tourist or any other ticket showing the
date and time of departure from the Philippines.

(2) For foreign nationals staying for more than thirty (30) days either as workers
or students:

(i) Passport;
(ii) Full name as indicated in the passport;
(iii) Proof of address in the Philippines;


(iv) Alien Employment Permit issued by the Department of Labor and
Employment (DOLE);

(v) Alien Certificate of Registration Identification Card or ACRI-Card issued by
the Bureau of Immigration (BI); or

(vi) School registration and ID for students.

SEC. 6. Submission of Registration Form. - The registration form shall be
accomplished in triplicate, and forwarded by the direct seller to the concerned PTE.
The required registration form and copies thereof shall be certified by the direct seller
or any other duly appointed officer of the PTE.

SEC. 7. Submission of Verified List of Dealers or Agents. - The PTE shall
submit to the National Telecommunications Commission (NTC), within thirty (30)
days from the date of effectivity of this Act, a verified list of their current authorized
dealers/agents nationwide. The PTE shall submit to the NTC every quarter of each
year an updated list of the same.

SEC. 8. Confidentiality Clause. — Any information in the SIM card registration
shall be treated as absolutely confidential, unless access to information has been
granted upon written consent of the subscriber: Provided, That the waiver of
absolute confidentiality shall not be made a condition for the approval of subscription
agreements. The confidentiality clause in the SIM card registration shall take effect
at the point of sale.

SEC. 9. Disclosure of Information. — Notwithstanding the provisions of Section
8 hereof and in accordance with Section 12(e) of Republic Act No. 10173, otherwise
known as the "Data Privacy Act of 2012", the PTE shall be required to disclose the
full name and address contained in the SIM card registration, upon a duly issued
subpoena or order of a court upon finding of probable cause, or upon written request
from a law enforcement agency in relation to an ongoing investigation, that a
particular number is used in the commission of a crime or that it was used as a
means to commit an unlawful act.

SEC. 10. SIM Card Register. — All PTEs are required to maintain a SIM Card
Register of their subscribers containing information required under Section 5 of this
Act.

In case of loss of a SIM card or any change in information contained in the
registration form after purchase of the SIM card, the subscriber shall notify the PTE
within forty-eight (48) hours from such loss or change in information. All PTEs are
required to keep the data of their subscribers and shall ensure that this data is kept
with utmost confidentiality

SEC. 11. Registration of Existing Prepaid Mobile Phone Subscribers. — All
existing mobile phone subscribers with prepaid SIM cards are required to register
with their respective PTE within one hundred eighty (180) days from the effectivity of
this Act. An extension period of not 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 15 authorize the PTE to
automatically deactivate its services to 16 the concerned prepaid SIM card
subscriber.

SEC. 12. Penalties. — The following penalties shall be imposed for failure to
comply with any of the provisions of this Act:

(a) If the offense is committed by a PTE, the President and other responsible
officers of the PTE shalll be held liable, and 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;

(b) If the offense is committed by a direct seller, a penalty of suspension of its
operation and a fine of Five thousand pesos (P5,000.00) to Fifty thousand pesos
(P50,000.00) shall be imposed; and

(c) If the offense is committed by an officer or employee of an implementing
agency under this Act, a penalty of suspension or dismissal from service and a fine
to be determined by the court shall be imposed without prejudice to the filing of an
appropriate criminal, civil and administrative case

SEC. 13. Implementing Rules and Regulations (IRR). — Within ninety (90)
days from the effectivity of this Act, the NTC, in coordination with the DICT and other
concerned agencies, shall promulgate the rules and regulations and other issuances
as may be necessary to ensure the effective implementation of this Act.

SEC. 14. 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 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.

SEC. 15. 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. 16. 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. 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.