Affidavit of Loss for SIM Card in the Philippines: A Comprehensive Guide

Introduction

In the Philippines, mobile communication has become an essential part of daily life, with millions relying on Subscriber Identity Module (SIM) cards for voice calls, text messaging, and data services. However, the loss or theft of a SIM card can pose significant risks, including unauthorized access to personal accounts, financial fraud, or even involvement in criminal activities due to the SIM's linkage to registered personal information under Republic Act No. 11934 (SIM Card Registration Act). To mitigate these risks and facilitate replacement, affected individuals must execute an Affidavit of Loss for SIM Card. This legal document serves as a sworn statement attesting to the circumstances of the loss, enabling telecom providers to deactivate the lost SIM and issue a replacement.

The Affidavit of Loss is not merely a formality; it is a critical step in protecting one's identity and privacy in a digital age where SIM cards are tied to government-issued IDs and biometric data. This article provides an exhaustive overview of the requirements, fees, filing procedures, and related considerations in the Philippine context, drawing from established legal practices and telecom industry standards as of 2025. It is advisable to consult a licensed attorney or the relevant telecom provider for case-specific advice, as procedures may evolve with regulatory updates from the National Telecommunications Commission (NTC).

Legal Basis and Purpose

The execution of an Affidavit of Loss is grounded in general principles of Philippine civil law, particularly under the Rules of Court (Rule 7 on Pleadings and Appearances) and the notarial law (2004 Rules on Notarial Practice). While there is no specific statute mandating an Affidavit of Loss exclusively for SIM cards, it is required by telecom companies as a standard protocol to comply with anti-fraud measures under RA 11934 and NTC Memorandum Circular No. 01-02-2023 on SIM registration and deactivation.

The primary purposes include:

Deactivation of the Lost SIM: Prevents misuse, such as SIM swapping scams or unauthorized transactions linked to mobile wallets (e.g., GCash or PayMaya).
Replacement Issuance: Allows the subscriber to obtain a new SIM with the same or a new number, retaining registered services.
Legal Protection: Establishes a record of the loss, which may be useful in disputes, insurance claims, or law enforcement investigations if the SIM is linked to a crime.
Compliance with Registration Laws: Ensures that the replacement SIM is registered under the owner's verified identity, avoiding penalties for unregistered SIM use (fines up to PHP 500,000 or imprisonment under RA 11934).

Failure to file an Affidavit of Loss promptly (ideally within 24-48 hours of discovery) can result in liability for any fraudulent activities conducted via the lost SIM.

Requirements for Executing an Affidavit of Loss

Preparing and executing the Affidavit of Loss involves gathering specific documents and details to ensure its validity. The requirements are straightforward but must be met meticulously to avoid delays in SIM replacement.

Essential Components of the Affidavit

The affidavit itself is a sworn statement drafted in Filipino, English, or both, containing:

Personal Details: Full name, address, contact information, and civil status of the affiant (the person losing the SIM).
SIM Details: Telecom provider (e.g., Globe, Smart, DITO, TNT), SIM type (prepaid or postpaid), mobile number, date of activation/purchase, and registration details (e.g., linked ID number).
Circumstances of Loss: A clear narrative of how, when, and where the SIM was lost (e.g., "misplaced during travel on [date] at [location]" or "stolen from wallet on [date]"). If stolen, include any police report reference.
Sworn Declaration: Affirmation that the loss is true, no duplicate SIM exists, and a request for deactivation and replacement.
Date and Signature: Executed before a notary public.

A template can often be obtained from the telecom provider's website, branch, or a lawyer, but it must be customized.

Supporting Documents

To execute and submit the affidavit, the following are typically required:

Valid Government-Issued ID: Original and photocopy of at least one ID, such as Philippine Passport, Driver's License, SSS ID, PhilHealth ID, UMID, or Voter's ID. For SIM registration compliance, the ID used for original registration is preferred.
Proof of Ownership/Registration:
- For prepaid SIMs: Receipt of purchase or confirmation SMS/email from initial registration.
- For postpaid SIMs: Latest billing statement or account verification from the provider.
Police Report (Optional but Recommended): If the SIM was stolen or lost under suspicious circumstances, a police blotter or report from the nearest Philippine National Police (PNP) station. This is not always mandatory for replacement but strengthens the affidavit and may be required for high-value accounts (e.g., linked to banking apps).
One (1) Witness: For notarization, a disinterested witness (not a relative) may be needed to subscribe the affidavit, though this varies by notary.
Additional for Corporate or Shared SIMs: If the SIM is under a business account, a company ID, authorization letter from the owner, and board resolution may be required.

For foreign nationals or overseas Filipino workers (OFWs), a passport and proof of Philippine residency (e.g., ACR I-Card) suffice, but execution may need to be done at a Philippine embassy/consulate abroad via consular notarization.

Special considerations:

Minors: If the SIM is registered under a minor's name, a parent or guardian must execute the affidavit on their behalf, with additional parental consent documents.
Deceased Owner: Heirs must provide a death certificate and extra-judicial settlement or court order for transfer.

Step-by-Step Procedure

Draft the Affidavit: Prepare the document using a standard template. Include all pertinent details to avoid amendments, which could incur extra fees.
Gather Supporting Documents: Compile IDs, receipts, and any police report.
Notarization: Visit a notary public (e.g., a lawyer's office, city hall, or integrated bar-approved location) to swear and sign the affidavit. This step authenticates the document under oath.
Submit to Telecom Provider: Present the notarized affidavit and documents at the provider's service center, authorized dealer, or via online submission (if available, e.g., Globe's app or Smart's portal). Request deactivation of the old SIM immediately.
SIM Replacement: Upon verification (usually 1-3 business days), receive a new SIM. Activate it by following the provider's instructions, including re-registration if needed.
Follow-Up: Monitor for confirmation of deactivation via SMS or email. Retain copies of all documents for records.

The entire process typically takes 1-7 days, depending on the provider and location.

Fees Involved

The Affidavit of Loss process incurs minimal costs, primarily for notarization and replacement. There are no government filing fees, as this is not a court proceeding.

Notarization Fee: PHP 100 to PHP 300 per document, as regulated by the Supreme Court under A.M. No. 02-8-13-SC. Rates vary by location (lower in rural areas, higher in urban centers like Metro Manila) and notary. Additional PHP 50-100 for witness subscription or multiple pages.
SIM Replacement Fee:
- Prepaid SIMs: PHP 30-100 (e.g., Globe: PHP 50; Smart/TNT: PHP 40; DITO: PHP 50).
- Postpaid SIMs: Often waived or PHP 200-500, depending on plan tier and if linked to a device contract.
Police Report Fee: Minimal or free at PNP stations (PHP 0-50 for blotter entry).
Photocopying and Transportation: Incidental costs (PHP 5-20 per page; varies by travel).
Online Submission: Free for digital notarization via platforms like DocuSign (if accepted by the telco), but e-notarization fees may apply (PHP 200+).

Telecom promotions occasionally waive replacement fees during specified periods. For postpaid users with outstanding balances, settlement may be required before processing.

Where to File the Affidavit

The Affidavit of Loss is not "filed" with a government agency like a court; instead, it is executed and submitted directly to the telecom provider. Key locations include:

Notarization Venues:
- Notary Public Offices: Licensed attorneys or notaries in law firms, barangay halls, or city/municipal halls. Search via the Integrated Bar of the Philippines directory or local government units (LGUs).
- Consular Offices: For Filipinos abroad, at Philippine embassies or consulates (e.g., in the US, Middle East).
- Digital Notarization: Emerging options via e-notary services approved by the Supreme Court, though full adoption for SIM affidavits is limited as of 2025.
Submission to Telecom Providers:
- Globe Telecom: Any Globe store, prepaid load retailer, or via the GlobeOne app/website. Nationwide branches (over 1,000) or hotline (02) 7730-1000.
- Smart Communications (PLDT Inc.): Smart Shops, authorized dealers, or Smart App. Contact (02) 8888-1111.
- DITO Telecommunity: DITO stores or partners. Hotline (02) 8538-0000.
- Other Providers (e.g., Talk 'N Text, Sun Cellular): Similar branch networks; Sun is now under PLDT.
- Online Portals: Many providers allow uploading scanned documents via customer portals, with verification via video call or OTP.
Police Stations (for Reports): Nearest PNP station or online blotter via PNP's e-Blotter system for non-emergencies.

In remote areas, mobile notarization services or telco agents may visit, subject to fees. For bulk corporate losses, providers offer dedicated accounts.

Additional Considerations and Best Practices

Prepaid vs. Postpaid Differences: Prepaid SIMs are easier to replace but may lose the number permanently unless ported (via Mobile Number Portability under NTC rules). Postpaid requires account verification to avoid service suspension.
If SIM is Linked to Services: Notify banks, e-wallets, or apps (e.g., update two-factor authentication) immediately. For international roaming SIMs, contact the provider's global support.
Theft or Fraud Cases: If the SIM is used maliciously post-loss, the affidavit serves as evidence in filing complaints with the NTC or Department of Justice under RA 10175 (Cybercrime Prevention Act).
Environmental and Ethical Notes: Recycle old SIMs responsibly. Avoid buying unregistered or second-hand SIMs to comply with RA 11934.
Common Pitfalls: Incomplete details lead to rejection; always include exact loss date. Delays beyond 30 days may complicate re-registration.
Updates and Reforms: As of 2025, the NTC is pushing for fully digital SIM management, potentially reducing affidavit needs through app-based declarations. Monitor NTC advisories.

Conclusion

The Affidavit of Loss for a SIM card is a simple yet vital tool for safeguarding your digital identity in the Philippines. By promptly executing it with the required documents, paying nominal fees, and submitting to your telecom provider, you can swiftly resume services while minimizing risks. This process underscores the balance between convenience and security in a regulated telecom landscape. For personalized guidance, reach out to your provider or a legal professional to ensure compliance with the latest protocols. Staying proactive in such matters not only protects you but also contributes to a safer national communication ecosystem.