Introduction

In the Philippines, the loss of a Subscriber Identity Module (SIM) card can disrupt communication, access to mobile services, and even financial transactions linked to mobile numbers. An Affidavit of Loss serves as a formal sworn declaration attesting to the circumstances of the loss, enabling the affected individual to request a replacement SIM from their telecommunications provider while mitigating risks of misuse. This document is rooted in Philippine notarial and civil law practices, ensuring accountability and preventing fraudulent activities. This article explores the comprehensive aspects of preparing, executing, and utilizing an Affidavit of Loss for a lost SIM card, including its legal foundations, procedural steps, required contents, implications under relevant statutes, and practical considerations within the Philippine context.

Legal Basis and Purpose

The Affidavit of Loss is governed primarily by the Rules on Notarial Practice (A.M. No. 02-8-13-SC, as amended), which regulate the execution of affidavits as juridical acts requiring notarization to lend them authenticity and evidentiary weight. Under Article 1830 of the Civil Code of the Philippines (Republic Act No. 386), affidavits can declare facts related to lost property, serving as prima facie evidence in administrative or judicial proceedings.

For SIM cards, the purpose is multifaceted:

Replacement of SIM: Telecommunications companies, such as Globe Telecom, PLDT-Smart Communications, and DITO Telecommunity, mandate an Affidavit of Loss as a prerequisite for issuing a duplicate SIM with the retained mobile number. This aligns with their internal policies to verify ownership and prevent unauthorized access.
Fraud Prevention: Given the linkage of SIM cards to bank accounts, e-wallets (e.g., GCash, Maya), and government services, the affidavit helps document the loss, reducing liability for any subsequent misuse.
Compliance with SIM Registration: Republic Act No. 11934 (SIM Card Registration Act of 2022) requires all SIMs to be registered with valid identification. An Affidavit of Loss facilitates de-registration of the lost SIM and re-registration of the replacement, ensuring continuity while complying with anti-fraud measures enforced by the National Telecommunications Commission (NTC).
Legal Protection: It can be used in reports to authorities like the Philippine National Police (PNP) or the Cybercrime Investigation and Coordinating Center (CICC) if the loss involves theft or potential identity theft, supporting claims under Republic Act No. 10175 (Cybercrime Prevention Act of 2012).

The affidavit does not confer ownership but acts as a self-certification of facts, which may be contested if proven false.

Requirements for Executing the Affidavit

To be valid, the Affidavit of Loss must meet specific formalities:

Competency of Affiant: The affiant must be the registered owner of the SIM card, of legal age (18 years or older), and mentally competent. If the SIM is under a minor's name or a corporation, a guardian or authorized representative must execute it with proof of authority (e.g., board resolution).
Identification: The affiant must present at least two valid government-issued IDs (e.g., passport, driver's license, Voter's ID) to the notary public, as per the Notarial Rules. For SIM-related affidavits, proof of SIM ownership, such as billing statements or the original purchase receipt, is advisable.
Notarization: The document must be subscribed and sworn to before a notary public licensed in the Philippines. Notarization fees typically range from PHP 100 to PHP 500, depending on location and complexity.
Venue and Date: The affidavit must indicate the place and date of execution, usually in the format "City/Municipality of [Place], Philippines, this [date] day of [month], [year]."
Language: It should be in English or Filipino, or a local dialect with translation, to ensure comprehensibility.

Failure to comply with these renders the affidavit defective, potentially leading to denial of SIM replacement by the telecom provider.

Contents of the Affidavit

A standard Affidavit of Loss for a lost SIM card includes the following essential elements to make it comprehensive and legally sound:

Heading: "Republic of the Philippines) [City/Municipality]) S.S." followed by "AFFIDAVIT OF LOSS."
Personal Details: Full name, age, civil status, residence, and contact information of the affiant.
Statement of Facts: A detailed narrative of the loss, including:
- The mobile number associated with the SIM.
- Description of the SIM (e.g., prepaid/postpaid, provider).
- Circumstances of loss (e.g., "lost while commuting on [date] at [location]" or "stolen from my bag on [date]").
- Efforts to locate it (e.g., searched premises, reported to authorities).
- Declaration that the loss was not due to negligence or intent to defraud.
Purpose Clause: Explicit statement that the affidavit is executed to support a request for SIM replacement and to attest that no third party has been authorized to use the lost SIM.
Oath and Subscription: "Subscribed and sworn to before me this [date]...," with the notary's signature, seal, notarial register details, and doc. no., page no., book no., series of [year].
Data Privacy Consent: Optionally, a clause acknowledging compliance with Republic Act No. 10173 (Data Privacy Act of 2012), authorizing the telecom provider to process personal data for replacement.

Attachments may include a police blotter if theft is involved, or copies of IDs.

Procedure for Preparation and Use

The process typically unfolds as follows:

Drafting: The affiant can draft the affidavit personally, use templates from legal websites or telecom service centers, or consult a lawyer. Telecom providers often provide sample formats on their websites or apps.
Execution: Visit a notary public (found in law offices, courts, or malls). Sign in the notary's presence after verbal affirmation of the contents.
Submission to Telecom Provider: Present the notarized affidavit at a service center or via online portals (e.g., Globe's MyAccount, Smart's Online Store). Additional requirements may include:
- Valid IDs.
- Proof of ownership (e.g., last bill for postpaid).
- Payment of replacement fee (PHP 50-200).
- SIM registration form under RA 11934.
Reporting to Authorities: If theft or loss suggests criminal activity, file a police report first, as some providers require it.
Activation of New SIM: Upon approval, the new SIM is issued, and the old one is deactivated to prevent misuse.

The entire process can take 1-3 days, depending on the provider and verification.

Implications and Consequences

Perjury Risks: Under Article 183 of the Revised Penal Code (Republic Act No. 3815), false statements in an affidavit constitute perjury, punishable by arresto mayor (1-6 months imprisonment) to prision correccional (up to 6 years) and fines. Telecom providers may report discrepancies to authorities.
Data Privacy Concerns: The affidavit involves sharing personal data, subject to the Data Privacy Act. Unauthorized disclosure by providers can lead to complaints with the National Privacy Commission (NPC).
NTC Oversight: The NTC regulates SIM replacements to curb crimes like text scams. Non-compliance with affidavit requirements may result in denied service or regulatory sanctions.
Civil Liabilities: If the lost SIM is used for fraud (e.g., unauthorized OTP access), the affiant may need the affidavit to prove non-involvement in civil suits.
Special Cases: For eSIMs or virtual SIMs, the process is similar but digital; lost corporate SIMs require additional authorizations.

Relevant Jurisprudence and Practices

Philippine courts have addressed affidavits in various contexts, though specific to SIM losses are rare:

People v. Estrada (G.R. No. 164170, 2008): Highlighted the evidentiary value of affidavits in proving loss, emphasizing truthfulness to avoid perjury.
Republic v. Sandiganbayan (G.R. No. 152154, 2003): Broadly affirmed that notarized documents enjoy presumption of regularity, applicable to SIM-related affidavits in disputes.
Administrative Practices: NTC Memorandum Circulars (e.g., MC 001-01-2023 on SIM Registration) reinforce the affidavit's role in maintaining telecom integrity, with cases of denied replacements upheld in consumer complaints before the Department of Trade and Industry (DTI).

In practice, urban areas see higher usage due to prevalent mobile banking, while rural areas may face notarization access issues, prompting calls for digital alternatives.

Practical Tips and Sample Format

Tips: Keep copies of the affidavit; inform linked services (e.g., banks) of the loss; use two-factor authentication alternatives during transition.
Sample Format:

REPUBLIC OF THE PHILIPPINES
CITY OF MANILA ) S.S.

AFFIDAVIT OF LOSS

I, [Full Name], of legal age, Filipino, single/married, and resident of [Address], after having been duly sworn in accordance with law, depose and state:

That I am the registered owner of a [prepaid/postpaid] SIM card with mobile number [09xx-xxxxxxx] issued by [Provider].
That on [date], I lost said SIM card under the following circumstances: [detailed description].
That despite diligent efforts, I have not recovered it.
That I execute this affidavit to attest to the truth of the foregoing and for the purpose of securing a replacement SIM card.

IN WITNESS WHEREOF, I have hereunto set my hand this [date] in [place], Philippines.

[Signature]
[Full Name]
Affiant

SUBSCRIBED AND SWORN to before me this [date]..., affiant exhibiting to me [ID details].

[Notary Public Signature]
Doc. No. __; Page No. __; Book No. __; Series of [year].

Conclusion

The Affidavit of Loss for a lost SIM card in the Philippines is an indispensable tool for restoring mobile connectivity while safeguarding against misuse, embedded in a legal system that balances convenience with accountability. By adhering to notarial standards and telecom protocols, individuals can efficiently navigate the replacement process. As mobile technology evolves, including under the SIM Registration Act, the affidavit's role may expand to digital formats, but its core principles of veracity and formality remain timeless. For complex cases, consulting a legal professional is recommended to ensure compliance and protect rights.