Introduction

In the Philippines, the loss or theft of a Subscriber Identity Module (SIM) card poses significant risks, including unauthorized use for fraudulent activities, identity theft, or violations under telecommunications laws. An Affidavit of Loss serves as a crucial legal document to formally declare such an incident, facilitating the deactivation of the lost SIM and issuance of a replacement while mitigating liabilities. This article provides an exhaustive examination of the Affidavit of Loss for SIM cards within the Philippine legal context, covering its purpose, preparation, requirements, procedural steps, implications under relevant statutes, and best practices. It draws from civil law principles, notarial rules, and telecommunications regulations, including the SIM Card Registration Act (Republic Act No. 11934, 2022), which heightens the importance of proper reporting to prevent misuse of unregistered or fraudulently used SIMs. Understanding this process is essential for individuals and entities to comply with legal obligations and protect personal data in an increasingly digital society.

Definition and Purpose of the Affidavit of Loss

An Affidavit of Loss is a sworn written statement executed before a notary public or authorized officer, attesting to the circumstances surrounding the loss, theft, or destruction of a SIM card. It details the facts of the incident, the SIM's details (e.g., mobile number, service provider), and the affiant's (declarant's) commitment to truthfulness.

The primary purposes include:

Deactivation and Replacement: Telecommunication companies (telcos) like Globe Telecom, PLDT-Smart Communications, and DITO Telecommunity require this affidavit to process SIM deactivation and issuance of a new SIM retaining the same number, ensuring continuity of service.
Liability Limitation: It shields the owner from responsibility for unauthorized transactions, calls, or messages made using the lost SIM, particularly relevant under the Consumer Act (RA 7394) and Data Privacy Act (RA 10173).
Compliance with SIM Registration: Under RA 11934, all SIMs must be registered with valid identification. An Affidavit of Loss supports de-registration of the lost SIM and re-registration of the replacement, preventing penalties for non-compliance.
Evidence in Legal Proceedings: It serves as prima facie evidence in cases involving fraud, such as under the Cybercrime Prevention Act (RA 10175) for unauthorized access or identity theft via the lost SIM.
Insurance or Claims: If the SIM is linked to mobile banking or insurance, the affidavit substantiates claims for losses incurred post-incident.

Distinctions exist from similar documents: Unlike a police report (blotter entry), which is optional but recommended for theft, the affidavit is mandatory for telco procedures. For corporate-owned SIMs, it may require additional board resolutions.

Legal Framework Governing the Affidavit

The preparation and use of an Affidavit of Loss for SIM cards are anchored in several Philippine laws and regulations, ensuring its validity and enforceability.

Notarial and Documentary Requirements

2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC): Mandates that affidavits be subscribed and sworn to before a notary public, with the affiant presenting valid identification (e.g., passport, driver's license) to prevent perjury. The notary affixes a jurat, certifying the oath.
Civil Code (RA 386): Articles 19-21 emphasize good faith and abuse of rights; false affidavits violate these, leading to civil liabilities.
Revised Penal Code (Act No. 3815): Article 183 penalizes perjury (false swearing) with arresto mayor (1-6 months imprisonment) to prision correccional (up to 6 years) and fines, if the affidavit is used in official proceedings.

Telecommunications and Data Protection Laws

SIM Card Registration Act (RA 11934, 2022): Requires immediate reporting of lost SIMs to the telco and the National Telecommunications Commission (NTC) if misuse is suspected. Failure to report can result in fines up to PHP 300,000 or imprisonment for unregistered SIMs used in crimes.
Public Telecommunications Policy Act (RA 7925, 1995): Empowers the NTC to regulate SIM usage; telcos must verify affidavits before replacements to prevent spectrum misuse.
Data Privacy Act (RA 10173, 2012): Protects personal data linked to the SIM (e.g., call logs, messages). The affidavit triggers data breach protocols if theft is involved, with the National Privacy Commission (NPC) overseeing compliance.
Consumer Protection: BSP Circulars (for mobile banking-linked SIMs) and DTI regulations require telcos to process affidavits promptly, with service level agreements ensuring replacement within 24-72 hours.

Jurisprudence

Supreme Court decisions, such as People v. Tan (G.R. No. 142401, 2001), underscore that affidavits must be based on personal knowledge to avoid nullification. In telecom disputes, cases like Globe Telecom v. NTC (G.R. No. 143964, 2004) affirm telcos' duty to act on valid affidavits to safeguard consumer rights.

Preparation and Contents of the Affidavit

Drafting an Affidavit of Loss requires precision to ensure admissibility. It should be in English or Filipino, typed or legibly handwritten, and include:

Essential Elements

Heading: "Republic of the Philippines" followed by the city/municipality and province.
Affiant's Details: Full name, age, civil status, address, and relationship to the SIM (e.g., registered owner).
Narration of Facts: Chronological account of the loss (date, time, place, circumstances—e.g., "On [date], while at [location], I inadvertently lost my SIM card bearing mobile number [number] issued by [telco]. Despite diligent search, it remains missing.").
SIM Details: Mobile number, telco, registration status, and any linked services (e.g., e-wallet).
Purpose Statement: "This affidavit is executed to attest to the loss and request deactivation/replacement."
Oath Clause: "I swear that the foregoing statements are true and correct to the best of my knowledge."
Signature: Affiant's signature over printed name.
Jurat: Notary's certification, including doc. no., page no., book no., series, and notary's seal.

Supporting Documents

Valid ID (at least two, one government-issued).
Proof of ownership (e.g., billing statement, registration confirmation under RA 11934).
Police blotter if theft is involved (filed at PNP station under RA 6975).

Step-by-Step Procedure

Report the Loss: Immediately contact the telco's hotline (e.g., Globe: 211; Smart: *888) to temporarily suspend the line.
Draft the Affidavit: Use a template or consult a lawyer; free templates are available at legal aid offices.
Notarization: Visit a notary public (fees: PHP 100-500). Present IDs; the notary witnesses the signing.
Submit to Telco: Bring the notarized affidavit, IDs, and supports to a telco branch or authorized center. For postpaid, additional account verification; for prepaid, quicker process.
Pay Fees: Replacement SIM costs PHP 0-100; notarization separate.
Receive Replacement: Telco issues new SIM, transfers number, and requires re-registration per RA 11934.
Timeline: Entire process: 1-3 days; urgent cases expedited.

For overseas Filipinos, affidavits can be executed at Philippine consulates under the Vienna Convention on Consular Relations.

Sample Affidavit

REPUBLIC OF THE PHILIPPINES)
CITY OF [City]) S.S.

AFFIDAVIT OF LOSS

I, [Full Name], of legal age, [civil status], Filipino, and resident of [Address], after having been duly sworn in accordance with law, do hereby depose and state:

That I am the registered owner of a SIM card with mobile number [Number] issued by [Telco];
That on [Date and Time], at [Location], said SIM card was lost under the following circumstances: [Brief Description];
That despite diligent efforts to locate it, the SIM card could not be found;
That I am executing this affidavit to attest to the truth of the foregoing facts and for the purpose of securing a replacement SIM card;
That I have not lent, sold, or otherwise disposed of the said SIM card.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] at [City], Philippines.

[Signature over Printed Name]
Affiant

SUBSCRIBED AND SWORN to before me this [Date] at [City], affiant exhibiting to me his/her [ID Type and No.], issued on [Date] at [Place].

Doc. No. __;
Page No. __;
Book No. __;
Series of [Year].

[Notary Public's Name and Seal]

Consequences of False or Improper Affidavits

False declarations constitute perjury (RPC Article 183), with aggravated penalties if used in cybercrimes (RA 10175). Telcos may deny replacement, and victims of misuse (e.g., scam calls from lost SIM) can sue for damages under quasi-delict (Civil Code Article 2176). Under RA 11934, unregistered or falsely reported SIMs incur fines PHP 100,000-300,000 or 6 months-2 years imprisonment.

Challenges and Remedies

Common issues include delayed notarization or telco verification. Remedies: File complaints with NTC for telco delays (under RA 7925) or DTI for consumer rights violations. Legal aid from PAO or IBP for indigent affiants.

Preventive Measures

To minimize need for affidavits: Use SIM locks, register promptly under RA 11934, enable two-factor authentication, and report suspicions immediately. Telcos offer apps for remote deactivation.

Conclusion

The Affidavit of Loss for a SIM card in the Philippines is a vital tool for legal compliance, consumer protection, and risk mitigation in telecommunications. By adhering to the outlined procedures and legal standards, individuals can swiftly resolve losses while upholding the integrity of the system. As digital threats evolve, amendments to RA 11934 and related laws may further streamline processes, reinforcing the balance between convenience and security in mobile communications.