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PH Passes Act Requiring SIM Registration
On 10 October 2022, the Republic Act (“RA”) No. 11934 otherwise known as “Subscriber Identity Module (“SIM”) Registration Act was approved. Some of the pertinent provisions are as follows:
Sim Registration
All end-users shall be required to register their SIMs with public telecommunications entities (“PTEs”) as a pre-requisite to its activation. As such, all the SIMs to be sold by the PTEs, its agents, resellers, or any entity shall be in a deactivated state and shall only be activated after the end-user completes the process of registration.
This registration period shall run within one hundred eighty (180) days from the effectivity of RA No. 11934 but may be extended by the Department of Information and Communications Technology (“DICT”) for a period not exceeding one hundred twenty (120) days.
Registration Guidelines
The registration form shall be accomplished electronically through a platform or website to be provided by the PTEs. The required information shall include the following:
- Full name
- Date of birth
- Sex
- Address
- Declaration by the end-user that the identification documents presented are true and correct, and that said person is the one who accomplished the registration form
- Assigned mobile number of the SIM with its serial number
In relation to the registration, valid government-issued identification (“ID”) cards or other similar forms of documents with photo shall also be presented.
For juridical entities, the certificate of registration, as well as the duly adopted resolution designating the authorized representative, in case of corporations, and a special power of attorney, in case of other entities, shall be presented;
Meanwhile, the registration of a SIM by a minor shall be under the name of the minor’s parent or guardian, provided that the minor’s parent or guardian shall give their consent and register the SIM.
In case the end-users are foreign nationals, they shall register their following information:
- Full name
- Nationality
- Passport number
- Address in the Philippines
These foreign national end-users shall present the following upon the said registration:
For foreign nationals visiting as tourists under Section 9 (a) of Commonwealth Act No. 613, as amended: | For foreign nationals with other types of visas: |
i. Passport; | i. Passport; |
Note however, that the SIM registration of foreign nationals visiting as tourists under Section 9 (a) of Commonwealth Act No. 613 will only have thirty (30) days validity and shall automatically be deactivated thereafter.
Subsequent Sale of a Registered SIM
Once registered, RA No. 11934 proscribes the subsequent sale or transfer of the said SIM unless the registration requirements set forth have been complied with.
Penalties
Any person who abets or aids in the commission of any of the offenses enumerated below shall be held liable as a co-principal. The corresponding penalties are as follows:
Type of Violation | Penalties |
Failure or refusal of the PTE to register a SIM despite compliance by the end-user | First offense: fine of not less than P100,000.00 but not more than P300,000.00 |
Second offense: fine of not less than P300,000.00 but not more than P500,000.00; | |
Third and subsequent offenses: fine of not less than P500,000.00 but not more than P1,000,000.00 for every offense | |
Breach of confidentiality by PTEs, its agents or its employees | Fine of not less than P500,000.00 but not more than P4,000,000.00 |
Breach of confidentiality due to negligence of the PTEs, its agents or its employees | |
Providing false or fictitious information or for using fictitious identities or fraudulent identification documents to register a SIM | Imprisonment ranging from 6 months to 2 years, or a fine of not less than P100,000.00 but not more than P300,000.00, or both |
Spoofing a registered SIM | Imprisonment of no less than 6 years, or a fine of P200,000.00, or both |
Sale of a stolen SIM | Imprisonment ranging from 6 months to 2 years, or a fine of not less than P100,000.00 but not more than P300,000.00, or both |
Sale or transfer of a registered SIM without complying with the required registration | Imprisonment ranging from 6 months to 6 years, or a fine of P100,000.00 to P300,000.00, or both |