Key points on the new SIM Registration Act
By Ramon Vaughn Dy III on October 27,2022
FOR the longest time, subscriber identity modules cards, commonly known as SIM cards, have been readily available and can be practically purchased at any local shop or sari-sari (variety) store. It can be argued that the regulation of the sale and/or disposition of SIM cards was not seen as a priority by the Philippines in the past decades due to the importance of providing an attainable means of communication for Filipinos both domestically and internationally.
The proliferation of personalized spam texts or messages harassing individuals through their mobile phones has become a substantial issue in which Congress had to address to curb the improper and illicit use of SIM cards.
The idea of SIM card registration has been floating around for a few months now, and on Oct. 10, 2022, President Ferdinand “Bongbong” Marcos Jr. signed into law Republic Act (RA) 11934, or the “SIM Registration Act.”
Unlike other countries already mandating the registration of SIM cards from its point of sale or issuance from the telecommunications providers to its end-users, it is only now that the Philippines will regulate the sale and/or disposition of SIM cards.
Under RA 11934, all end-users, with either postpaid or prepaid subscriptions, shall be required to register their SIM with the public telecommunications entities, or PTEs, which are the establishments engaged in providing telecommunications services, as a prerequisite to the activation of the SIM card. All existing SIM subscribers shall register their SIM cards within 180 days from the implementation of the RA 11934, which may be extended for an another 120 days.
End-users may be able to register their SIM cards by submitting an owner’s registration form to be provided by their PTEs upon the presentation of any valid government-issued identification card enumerated under Section 5(b) of the law.
Juridical entities, such as corporations, may also be allowed to register their own SIM cards through the submission of the owner’s registration form together with their certificates of registration and proper authorization of their authorized representatives.
Foreigners shall register their nationality, passport number, as well as proof of address in the Philippines, return ticket details and other relevant items enumerated under Section 5(e) of the law.
In case of loss of the SIM, death of the end-user, or request for deactivation, the concerned PTE shall deactivate the SIM within 24 hours from the report of the end-user, immediate family, relatives or guardians.
The following are the punishable acts under the RA 11934 that may result in a fine: Failure or refusal to register a SIM; breach of confidentiality; and breach of confidentiality due to negligence.
Additionally, the following are the punishable acts under the law punishable by imprisonment or a fine: Providing false or fictitious identification documents to register a SIM; spoofing or the act of transmitting misleading information with intent to defraud or cause harm to a registered SIM; sale of a stolen SIM; and sale or transfer of a registered SIM without complying with the required registration.
As technology continues to advance and progress, certain individuals will exploit the same technology that should be used to bring people closer together for illegal and malicious means. With the SIM Registration Act, the commission of such wrongdoings can be properly resolved, and a platform can be established to deter any unlawful use or exploitation in the future.
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Ramon Vaughn F. Dy 3rd is a graduate of the Ateneo de Manila University School of Law and an associate of Mata-Perez, Tamayo & Francisco (MTF Counsel).