Senate Bill No.
2911
Introduced by Senator Loren Legarda
An Act Requiring the Registration of all
users of Pre-paid subscribers to identify
module(sim)cards
Senate Bill 1310
Introduced by Senator Loren Legarda
Republic Act (RA) 11934,
"SIM Registration Act"
According to the Explanatory
note of Senator Loren Legarda:
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. 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 Aims for the end user of the Proposed Act known
as the "Subscriber Identity Module (SIM) Card
Registration Act".
To be accountable for their usage of mobile communications by mandating SIM card
registration.
PTEs will need to collect accomplished registration forms from direct sellers and
submit a copy to the National Telecommunications Commission (NTC)
THE LAW AIMS:
regulate the issuance of SIM cards to prevent spam text messages and scams
minimizing the opportunity for certain parties to exploit the anonymity
provided by prepaid SIMs for malicious and criminal intent
SB 1310 PROHIBITS:
"spoofing," or the act of transmitting misleading or inaccurate information about
the source of phone calls or text messages to defraud, cause harm, or wrongfully
obtain anything of value.
The bill also penalizes the sale of stolen SIMs.
Responsibilities of Telcos and The Department of
Information and Communications Technology :
TELCO
Would be tasked to keep the subscribers' information in a database.
The Department of Information and Communications Technology:
They are responsible to conduct an annual audit of their compliance with
information security standards.
All submitted information are "absolutely confidential".
The Senate on September 27, 2022.
Senate Bill No. 1310 or the proposed The bill, sponsored by Sen. Grace Poe,
"SIM Registration Act" hurdled the chairperson of the Senate Committee on
upper chamber on the third and final Public Services, is the first legislative
reading with 20 affirmative votes, and measure passed by the upper chamber
no negative votes or abstention from in the 19th Congress.
senators.
As stated by Senator Grace Poe "Finally, we can now do something aside from just ignoring,
deleting or blocking the numbers with fraudulent or spam messages," Poe said.
Leyte 1st district Rep.
Martin Romualdez
The SIM Registration Act is based on House Bill
(HB) No. 14 and Senate Bill (SB) No. 1310, with
their differing provisions harmonized through
the bicameral conference committee.
THE PRINCIPAL AUTHOR
On Oct. 10, 2022:
President Ferdinand "Bongbong" Marcos Jr. signed into law Republic Act (RA) 11934, or
the "SIM Registration Act."
As stated by: Senator Grace Poe
"We have now in our hands the means to unmask criminals who have been hiding for so long
under the protection of anonymity, and to bring them to justice" .
AN ACT REQUIRING THE REGISTRATION OF
ALL USERS OF PRE-PAID SUBSCRIBER
IDENTITY MODULE CARDS
Be it enacted by the Senate and the House of
Representatives of the Philippines in Congress assembled:
SECTION 1. Short Title. - This Act shall be known as the "Subscriber Identity Module
(SIM) Card Registration Act".
SECTION 2. Declaration of Policy. - The State recognizes the vital role of 5
information and communications technology in nation-building.
SECTION 3. Definition of Terms. - As used in this Act:
a. Direct seller refers to a person or entity, whether natural or juridical,
who directly dispenses or sells a SIM card to an end user;
b.End user refers to any person or entity who directly purchases a SIM
card from a direct seller;
c. Postpaid mobile phone refers to a mobile phone the service of which is
provided by a prior arrangement with a Public Telecommunications Entity
d. Prepaid mobile phone refers to a mobile phone for which credit is
purchased in advance of service use
e. Public Telecommunications Entity or PTE refers to any duly enfranchised
and authorized public telecommunications entity that offers voice, short
messaging system (SMS/text), mobile data, value-added services (VAS) or any
other telecommunications services to the public for a fee;
f. SIM card refers to the Subscriber Identity Module (SIM), which is an
integrated circuit that securely stores the international mobile subscriber
identity and the related key used to identify and authenticate subscribers on
mobile telephony devices, such as mobile phones and computers.
g. S1M 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 photograph, name, date of birth, gender
and address.
SECTION 4. Sale and Registration of SIM Cards. - Every direct seller shall require the
end user of a SIM card to present valid identification with a photo to ascertain the
latter's identity. The 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 being purchased.
SECTION 5. Representative Registration of SIM Cards. - A person who wants to
purchase a SIM card but cannot personally register with the direct seller may, for a
valid reason, authorize another to register on that person's behalf, subject to the
following conditions:
(1) the representative is authorized through a duly notarized Special Power of
Attorney; and
(2) the principal and the representative should present an original and a true
and a clear copy of any of the valid identification cards with a photo listed in
Section 6 (a) hereof.
SECTION 6. Coverage of Registration. - All direct sellers are hereby mandated to
register pertinent data in a registration form devised for the purpose, to include the
following information and requirements:
(a) Full name and complete address of the end user appearing in a valid
government-issued identification document with photo. In view thereof, SIM
card end users shall be required to present the original and submit a true and
faithful reproduction or photocopy of any of the following government
identification documents with photo,
including the following:
(1) Driver's License
(2) Social Security Service/Government Service Insurance System (SSS/GSIS)
Card
(3) Passport
(4) Senior Citizen's Card
(5) Person with Disabilities Card
(6) National Bureau of Investigation (NBI) Clearance
(7) Police Clearance
(8) Firearms License
(9) Voter's Identification Card
(10) Taxpayer's Identification Number (TIN)
(11) Professional Regulation Commission (PRC) Identification Card
(12) Government Office Identification Card
(13) School Identification Card (in case of a minor)
(b) Assigned cell phone number of SIM card(s) and serial number / s.
SECTION 7. Submission of Registration Form. - The registration form required
under Section 6 of this Act shall be accomplished in triplicate, and shall be
forwarded by the direct seller to the concerned PTE
SECTION 8. Submission of Verified List of Dealers or Agents. - The PTEs shall
submit to the NTC, within thirty (30) days from the date of effectivity of this Act, a
verified list of their current authorized dealers or agents nationwide.
SECTION 9. Confidentiality Clause. - Any information in S1M card registration shall
be treated as absolutely confidential, and may be released only upon written consent
of the subscriber:
SECTION 10. Disclosure of Information. - Notwithstanding the provisions of Section
9 hereof, the PTEs shall be required to provide information contained in the S1M
card registration only upon order of a competent court upon finding of probable
cause that a particular number is or has been used in the commission of a crime or
any unlawful act.
SECTION 11. SIM Card Register. - All PTEs are required to submit an updated S1M
Card Register of their subscribers to the NTC every six (6) months of both postpaid
and prepaid mobile phone users and maintain a record containing information
required under Section 6 of this Act.
SECTION 12. Registration of Existing Prepaid Mobile Phone Subscribers. - All
existing mobile phone subscribers with prepaid 81M cards are required to register
with their respective PTE within one hundred eighty (180) days from effectivity of
this Act. Such deadline may be extended by the NTC but shall not be longer than one
hundred twenty (120) days, upon a valid written request.
SECTION 13. Penalties- The following penalties shall be imposed for violation of any
provision 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:
(5) First offense: A fine of Three hundred thousand pesos (P300, 000.00);
(6) Second offense: A fine of Five hundred thousand pesos (P5OO, 000.00);
and
(7) Third and subsequent offenses, a fine of One million pesos
(P1, 000,000.00) for every offense.
(b) A penalty of suspension of its operation and a fine ranging from Five thousand
pesos (P5,OOO.OO) to Fifty thousand pesos (P5O,OOO.OO) shall be imposed on
any direct seller who fails to comply with the provisions of this Act.
SECTION 14. Implementing Rules and Regulations (IRR). - Within ninety (90) days
from the effectivity of this Act, the NTC, in coordination with concerned agencies,
shall promulgate the rules and regulations and other issuances as may be necessary,
to ensure the effective implementation of this Act.
SECTION 15. Separability Clause. - Should any part of this Act be declared
unconstitutional or invalid, other provisions hereof that are not affected thereby
shall continue to be in full force and effect.
SECTION 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.
SECTION 17. Effectivity. - This Act shall take effect fifteen (15) days after its complete
publication in the Official Gazette or in a newspaper of general circulation.