Word File - RA 11934
Word File - RA 11934
SECTION 1. Short Title. - This Act shall be known as the "Subscriber telecommunications services to the public for compensation, as defined under
Identity Module (SIM) Registration Act". Republic Act No. 7925, as amended, or the Public Telecommunications Policy
Act of the Philippines;
SEC. 2. Declaration of Policy. - The State recognizes the vital role of
information and communications technology in nation-building and (e) Reseller refers to a person, natural or juridical, who dispenses or sells a
encourages its growth and development. SIM to an end-user; .
It is equally cognizant that beneficial as modern technology is, its illegal or (f) SIM refers to the Subscriber Identity Module which is an embedded circuit
malicious use endangers people's lives, damages property, poses hazards to that securely stores International Mobile Subscriber Identity (IMSI) and
public order, and even threatens the security of nations. related keys or an electronic equivalent thereof, used to identify and
authenticate subscribers on mobile devices, such as mobile phones and
The State shall promote responsibility in the use of Subscriber Identity computers, an? other electronic devices. For purposes of this Act, this shall
Module (SIM) and provide law enforcement agencies the tools to resolve include e-SIMs and other variations thereof; and
crimes which involve its utilization and a platform to deter the commission o
wrongdoings. (g) Spoofing refers to the act of transmitting misleading or inaccurate
information about the source of the phone call or text message, with the intent
Towards this end, the State shall require the registration of SIM for electronic to defraud, cause harm, or wrongfully obtain anything of value.
devices by all users.
SEC. 4. SIM Registration. – In order to regulate the registration and use of
SEC. 3. Definition of Terms. - As used in this Act: SIMs, all end-users shall be required to register their SIMs with PTEs as a pre-
requisite to the activation thereof, in accordance with the guidelines set forth
(a) End-user refers to any existing subscriber or any individual or juridical under this Act.
entity which purchases a SIM from the public telecommunications entities
(PTEs), its agents, resellers or any entity; For purposes of this Act, all the SIMs to be sold by the PTEs, its agents,
resellers, or any entity shall be in a deactivated state. It shall only be activated
(b) Postpaid subscription refers to the subscription wherein service is after the end-user completes the process of registration.
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 All existing SIM subscribers shall register the same with their respective PTEs
according to the use of mobile service; within one hundred eighty (180) days from the effectivity of this Act. The
Department of Information and Communications Technology (DICT) may
(c) Prepaid subscription refers to the subscription wherein credit is purchased extend registration for a period not exceeding one hundred twenty (120) days.
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 Failure to register the existing SIM within the periods prescribed herein shall
available credit, then access to the requested service is denied; result in the automatic deactivation of the SIM. The deactivated SIM may only
be reactivated after registration in accordance with this Act.
(d) Public Telecommunications Entity or PTE refers to any person, natural or
juridical, government or private, engaged in the provision of
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Republic Act No. 11934 - An Act Requiring the Registration of Subscriber Identity Module
PTEs shall include the data of existing postpaid subscribers in the SIM For juridical entities, the certificate of registration, as well as the duly-adopted
Register to align with the registration requirement of this Act. resolution designating the authorized representative, in case of corporations,
and a special power of attorney, in case of other entities, shall be presented;
SEC. 5. Registration Guidelines. - The SIM registration process shall be
guided by the following parameters: (c) The registration process shall require the input of the assigned mobile
number of the SIM with its serial number;
(a) Submission of duly accomplished control-numbered owner's registration
form with full name, date of birth, sex, and address. The registration form (d) The registration of a SIM by a minor shall be under the name of the
shall be accomplished electronically through a platform or website to be minor's parent or guardian: Provided, That the minor's parent or guardian shall
provided by the PTEs. The same shall include a declaration by the end-user give their consent and register the SIM; and .
that the identification documents presented are true and correct, and that said
person is the one who accomplished the registration form; (e) In the case of end-users who are foreign nationals, they shall register their
full name, nationality, passport number, and address in the Philippines and
(b) Presentation of valid government-issued identification (ID) cards or other present the following:
similar forms of documents with photo that will verify the identity of the end-
user such as, but not limited to the following: (1) For foreign nationals visiting as tourists under Section 9(a) of
Commonwealth Act No. 613, as amended:
(1) Passport; i. Passport;
(2) Philippine Identification; ii. Proof of address in the Philippines; and
(3) Social Security System ID; iii. Return ticket to own country of the tourist or any other ticket
(4) Government Service Insurance System e-Card; showing the date and time of departure from the Philippines;
(5) Driver's license;
(6) National Bureau of Investigation clearance; (2) For foreign nationals with other types of visas:
(7) Police clearance; i. Passport;
(8) Firearms' License to Own and Posses ID; ii. Proof of address in the Philippines;
(9) Professional Regulation Commission ID; iii. Alien Employment Permit issued by the Department of
(10) Integrated Bar of the Philippines ID; Labor and Employment (DOLE);
(11) Overseas Workers Welfare Administration ID; iv. Alien Certificate of Registration Identification Card or
(12) Bureau of Internal Revenue ID; ACRI-Card issued by the Bureau of Immigration (BI);
(13) Voter's ID; v. School registration and ID for students; or
(14) Senior Citizen's card; vi. Other pertinent documents, whichever is applicable. The
(15) Unified Multi-purpose Identification card; SIMs that are registered under Subsection e(l) shall only be
(16) Person with Disabilities card; or valid temporarily for thirty (30) days, and shall automatically
(17) Other valid government-issued ID with photo. be deactivated upon expiration of the validity of the SIM.
The relevant government agencies and concerned PTEs shall facilitate all SIM
registrations in remote areas with limited telecommunication or internet
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Republic Act No. 11934 - An Act Requiring the Registration of Subscriber Identity Module
access: Provided, That said registration facilities in remote areas shall be In case of loss of the SIM death of the end-user, or request or deactivation, the
established within sixty (60) days from the effectivity of this Act. concerned PTE shall deactivate said SIM within twenty-four (24) hours from
the report of the end-user, immediate family, relatives or guardian.
A buyer who fails to comply with the requirements for registration shall result
in their SIM not being activated. Provided, That regardless of any deactivation the relevant data and
information shall be retained by the PTE pursuant to the pertinent provisions
SEC. 6. SIM Register. - All PTEs shall maintain their own database of this Act, which is ten (10) years.
containing information required under this Act. The database shall strictly
serve as a SIM Register to be used by PTEs to process, activate or deactivate a In case of a cyber-attack on the SIM Register, the incident shall b~ reported to
SIM or subscription and shall not be used for any other purpose, unless the DICT within twenty-four (24) hours of detection.
otherwise provided under this Act. The successful submission and acceptance
of the required registration form shall serve as the certification of registration PTEs shall provide user-friendly reporting mechanisms for their respective
by the end-user. end-users upon the latter's receipt of any potentially fraudulent text or call, and
shall, upon due investigation, deactivate, either temporarily or permanently,
The registration required under this Act shall be implemented at no cost to the the SIM used for the fraudulent text or call.
end-users.
SEC. 7. Subsequent Sale of a Registered SIM. - A registered SIM shall not
In the recordkeeping of information, PTEs shall ensure that the end-users' data be sold or transferred without complying with the registration requirements
are secured and protected at all times. The PTEs shall comply with the under Section 6 of this Act.
minimum information security standards prescribed by the DICT consistent
with internationally accepted cybersecurity standards and relevant laws, rules SEC. 8. Sale of a Stolen SIM. - Any PTE, its agents, resellers, or entity that
and regulations. shall engage in the sale of stolen SIMs shall be criminally liable under this
Act.
The DICT shall establish and perform an annual audit on PTEs compliance
with information security standards. SEC. 9. Confidentiality Clause. - Any information and data obtained in the
registration process described under this Act shall be treated as absolutely
In case of any change in the information of the end-user, or the loss of the confidential and shall not be disclosed to any person.
SIM, death of the end-user, or any request for deactivation, the end-user shall
immediately inform the PTE through its facility established for such purpose: Notwithstanding this provision, disclosure of the full name and address shall
Provided, That in the case of death of an end-user, such fact shall be reported be made:
to the concerned PTE by the immediate family, relatives, or guardian.
(a) In compliance with any law obligating the PTE to disclose such
In case of any change in the information of the end-user, the concerned PTE information in accordance with the provisions of Republic Act No. 10173 or
shall clearly note such change in its database. the Data Privacy Act of 2012;
(b) In compliance with a court order or legal process upon finding of probable
cause;
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Republic Act No. 11934 - An Act Requiring the Registration of Subscriber Identity Module
(1) First offense: a fine of not less than One hundred thousand pesos
(c) In compliance with Section 10 hereof; or (P100,000.00) but not more than Three hundred thousand pesos
(P300,000.00);
(d) With the written consent of the subscriber: Provided, That, the waiver of
absolute confidentiality shall not be made as a condition for the approval of (2) Second offense: a fine of not less than Three hundred thousand
subscription agreements with the PTEs. pesos (P300,000.00) but not more than Five hundred thousand pesos
(P500,000.00); and
The confidentiality clause in the SIM registration shall take effect at the point
of activation. (3) Third and subsequent offenses: a fine of not less than Five
hundred thousand pesos (P500,000.00) but not more than One million
SEC. 10. Disclosure of Information. - Notwithstanding the provisions on pesos (P1,000,000.00) for every offense thereof;
confidentiality, the PTEs shall be required to provide information obtained in
the registration process only upon the issuance of a subpoena by a competent (b) For breach of confidentiality. - The penalty of a fine of not less than Five
authority pursuant to an investigation based on a sworn complaint that a hundred thousand pesos (P500,000.00) but not more than Four million pesos
specific mobile number was or is being used in the commission of a crime or (P4,000,000.00) shall be imposed upon PTEs, its agents or its employees who
that it was utilized as a means to commit a malicious, fraudulent or unlawful shall directly or indirectly reveal or disclose any information or data of an
act, and that the complainant is unable to ascertain the identity of the end-user obtained during the registration requirement under this Act, unless
perpetrator. otherwise permitted by this Act or other laws;
Provided, however, that no PTE shall be held administratively, civilly, or (c) For breach of confidentiality due to negligence. - The penalty of a fine of
criminally liable on account of any disclosure done in compliance with this not less than Five hundred thousand pesos (P500,000.00) but not more than
Act. Four million pesos (P4,000,000.00) shall be imposed upon PTEs, its agents or
its employees who, due to negligence, shall reveal or disclose any information
For this purpose, the relevant data and information shall be kept by the PTEs or data of an end-user obtained during the registration requirement under this
for ten (10) years from the time the end-user deactivates his or her mobile Act;
number.
(d) For providing false or fictitious information or for using fictitious
SEC. 11. Penalties. - The following penalties shall be imposed for violation identities or fraudulent identification documents to register a SIM. - The
of any provision of this Act: penalty of imprisonment ranging from six (6) months to two (2) years, or a
fine of not less than One hundred thousand pesos (Pl00,000.00) but not more
(a) For failure or refusal to register a SIM. - The following fines shall be than Three hundred thousand pesos (P300,000.00), or both, shall be imposed
imposed upon the PTEs who shall fail or refuse to register a SIM, without a upon anyone who provides false or fictitious information or who uses a
valid reason, despite compliance by the end-user with the requirements for fictitious identity or fraudulent identification documents to register a SIM; .
SIM registrat10n under this Act:
(e) For spoofing a registered SIM. - The penalty of imprisonment of no less
than six (6) years, or a fine of Two hundred thousand pesos (P200,000.00), or
both, shall be imposed upon anyone who causes to transmit misleading or
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Republic Act No. 11934 - An Act Requiring the Registration of Subscriber Identity Module
inaccurate information about the source of the phone call or text message, shall set the guidelines for the monitoring and proper implementation of this
with the intent to defraud, cause harm, or wrongfully obtain anything of value, Act and shall promulgate the implementing rule~ and regulations as may be
unless such transmission 18 exempted in connection with: (1) authorized necessary to ensure the effective implementation of this Act
activities of law enforcement agencies; or (2) a court order specifically
authorizing the use of caller ID manipulation; All PTEs are required to submit to the NTC, DICT, and to both Houses of
Congress an annual report on the implementation of the provisions of this Act.
(f) For sale of a stolen SIM. - The penalty of imprisonment ranging from six
(6) months to two (2) years, or a fine of not less than One hundred thousand SEC. 13. Transitory Provision. - Upon the effectivity of this Act, all PTEs
pesos (P100,000.00) but not more than Three hundred thousand pesos are mandated to deactivate all prepaid SIMs for sale to the public. Otherwise,
(P300,000.00), or both, shall be imposed upon the PTEs, its agents, resellers, they shall be liable for the penalties prescribed in this Act.
or any entity that will engage in the sale of stolen SIM as provided under this
Act. SEC. 14. Interpretation. - Any doubt in the interpretation of any provision of
this Act and its implementing rules and regulations shall be construed in a
If the offender is a corporation, partnership or any juridical person, the penalty manner that accords the highest respect for privacy, and liberally interpreted in
shall be imposed upon the responsible officers, as the case may be, who a manner mindful of the rights and interests of SIM subscribers.
participated in, or by their gross negligence, allowed the commission of the
crime; and SEC. 15. Repealing Clause. - All laws, decrees, executive orders,
proclamations, rules and regulations, and issuances, or parts thereof which are
(g) For sale or transfer of a registered SIM without complying with the inconsistent with the provisions of this Act are hereby repealed, amended or
required registration. - The penalty of imprisonment ranging from six (6) modified accordingly.
months to six (6) years, or a fine of One hundred thousand pesos
(P100,000.00) to Three hundred thousand pesos (P300,000.00), or both, shall SEC. 16. Separability Clause. - Should any part of this Act be declared
be imposed upon anyone who sells or transfers a registered SIM without unconstitutional or invalid, the other provisions hereof that are not affected
complying with the required registration under this Act. thereby shall continue to be in full force and effect.
Any person who abets or aids in the commission of any of the offenses SEC. 17. Effectivity. - This Act shall take effect fifteen (15) days after its
enumerated in this Act shall be held liable as a co-principal. publication in the Official Gazette or in a newspaper of general circulation.
SEC. 12. Implementing Rules and Regulations (IRR). - Within sixty (60)
days from the effectivity of this Act, the National Telecommunications
Commission (NTC), in coordination with other concerned agencies such as,
but not limited to, DICT, Department of Trade and Industry (DTI), National
Privacy Commission (NPC), as well as PTEs and major consumer groups,
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