Republic of the Philippines
HOUSE OF THE REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

3732

HOUSE BILL NO.

Introduced by Representative TYRONE D. AGABAS

EXPLANATORY NOTE

This bill which seeks to require the registration of all users of Subscriber
Identity Module (SIM) cards has already been approved by the House of
Representatives on its 3" and final reading in the 17 Congress. However, it
has not yet ripened into a law. On account of the multilateral significance of
this bill, there is a need to refile the same to breathe life to its central purpose

of protecting everyone’s right to life and property.

The State has always recognized the vital role of communication and
information in nation-building, Communication is vital in our country’s
development. The advent of modern technology, especially the use of SIM
cards, which practically engulfed everyone’s daily activities has considerably
affected every human being worldwide. However, this must not run unbridled.
‘There is a need to regulate the use of SIM Cards to forestall its being used as
convenient means to commit crimes. The lack of SIM cards’ sale and

registration system has emboldened the commission of crimes.

The passage of this bill will pave way for the establishment of sale and
registration system through mandatory registration of the identity and other
related data of the SIM Card buyer. Moreover, the sellers will also be directed
to maintain registry repository system of the names of all their subscribers’


data and information. Most importantly, this will help forestall the commission

of crimes.

‘Thus, the early passage of this bill is earnestly requested.


SowmrdMs Hw evn

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Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

EIGHTEENTH CONGRESS
First Regular Session

HOUSE BILL NO. 3732

Introduced by Representative TYRONE D. AGABAS

AN ACT
REQUIRING THE REGISTRATION OF ALL USERS OF
SUBSCRIBER IDENTITY MODULE CARDS

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

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

“SEC. 2. Declaration of Policy. - The state recognizes the

vital role of information and —_ communication
technology in nation building. The introduction of modern
telecommunications technology with the view of providing
the widest information dissemination is greatly encouraged, but
possession of the most modern technology carries with the view
of providing the widest information dissemination is
greatly encouraged, but possession of the most modern
technology carries with it tremendous responsibility. Thus, a
mechanism must be installed to maximize the benefits of
modern telecommunications technology and to deter illegal or
malicious utilization of the same that benefit only a few.
Towards this end, the State shall require the registration of all
user of subscriber identity module (SIM) cards.
SEC. 3. Definition of Terms. - As used in this Act:


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

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

(€) Postpaid subscription refers to the subscription wherein
service is 3 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 the mobile service;

(a) Prepaid subscription refers to the subscription wherein credit
is purchased in advance service use. The purchased credit is 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 transferable 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.


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SEC. 4. Sale and Registration of SIM Cards. - Every PTE or
direct seller shall require the end user of a SIM card to present
valid identification with photo to ascertain the latter’s
identity. The PTE or direct seller shall further require
the end user to accomplish and signa _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 case 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 shall be required to present

the original copy of any of the following valid
government identification documents _(ID) with photo:
(1) Passport;

(2) Digitized Social Security Service (SSS) ID;
(3) Government Service Insurance System (GSIS) e-Card;


(4) Driver’s License
(5) Firearms’ License to Own and Possess (LTOP) ID;

(6) Professional Regulation Commission (PRC) ID;

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

(8) Overseas Workers Welfare Administration (OWWA) ID;

(9) Digitized Bureau of Internal Revenue (BIR) ID;

(10) Voter’s ID;

(11) Senior Citizen’s Card;

(12) Person With Disabilities (PWDs) card ; or

(13) 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
purchased 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(s) and its serial
number.

In 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;

(i) Proof of address in the Philippines;

(ii) Return ticket to own country of the tourist or any other
ticket showing the date and time of departure from the
Philippines; and


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(iv) Any other information as may be required by the
Department of Information and Communications Technology
(DICT); and (2) For foreign nationals staying for more than
thirty (30) days either as workers or students:

(i Passport;

(i) 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), school registration and ID for
students; and

(v) Any other information as may be required by the DICT.

SEC. 6Submission of Registration Form. - The registration
form shall be accomplished in triplicate, and forwarded by the
direct seller to the concerned PTE. The concerned PTE shall
submit a copy of the duly accomplished registration form to
the DICT within fifteen (15) days from the date of sale or
receipt of such form from their respective direct sellers. 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 And
Agents. -The PTE shall submit to the DICT 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 DICT and National Telecommunications
Commission (NTC) every quarter of each year an updated list of
the same.


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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 or the DICT shall be
required to disclose the fullname 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 and to
submit the same to the DICT every six (6) months.

in case of lost of 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. Within
fifteen (15) days from receipt of notification from _the


subscriber , the concerned PTE must notify the DICT of such
loss and change in information.

All PTEs are required to keep the data of their subscribers and
the DICT 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 on hundred eighty (180) days from the effectivity of
this Act. An extension period of no longer than one hundred
twenty (120) days shall allowed upon a valid written request to
the DICT.

Failure to register within the prescribed period shall
authorize the PTE to automatically deactivate its services to the
concerned prepaid SIM card subscriber.

SEC. 12. Penalties. - the following penalties shall be imposed to
failure to comply with any provisions of this Act;

(a) If the offense is committed by a PTE, the President and other
executive officers shall be held liable, and the following
penalties _ shall be imposed:

(1) First Offense: a fine of three hundred thousand pesos
(300,000);

(2) Second Offense: a fine of five hundred thousand pesos
(500,000); and

(3) Third and Subsequent Offenses: a fine of One million pesos
(1,000,000) for every offense;

(b) If the offense is committed by a direct seller, a penalty
ofsuspension of its operation and a fine of Five thousand pesos
(5,000) to fifty thousand pesos (50,000) shall be imposed ; and


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(0) If the offense is committed by an officer or an 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 DICT shall,
in coordination with the NTC and other concerned agencies,
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 imposed _ the
penalties prescribed in this Act.

SEC. 15. Separability Clause. - Should any part of this act
bedeclared unconstitutional or invalid, the other provisions
hereof that are not affected hereby 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 provision of this Act are
hereby repealed, amended or modified accordingly.


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SEC. 17. Effectivity. - This act shall take effect fifteen (15) days
after its publication in the Official Gazette newspaper of general
circulation.

Approved,