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

Introduction

In the Philippines, losing a Subscriber Identity Module (SIM) card can disrupt communication, access to mobile services, and even linked financial or government accounts. To replace a lost SIM card while retaining the original mobile number, telecommunication companies (telcos) such as Globe Telecom, Smart Communications, PLDT, DITO Telecommunity, and others typically require an Affidavit of Loss. This document serves as a sworn statement under oath, attesting to the circumstances of the loss and absolving the telco from liability for any misuse of the lost SIM.

The Affidavit of Loss is a legal instrument governed by Philippine laws, including the Notarial Law (as amended by Republic Act No. 9645) and the Rules of Court. It must be executed properly to be valid and enforceable. Failure to provide one may result in denial of SIM replacement, potential delays, or exposure to fraud risks. This article covers the requirements, step-by-step process, notary costs, and additional considerations in the Philippine context, drawing from standard legal practices and telco policies.

Legal Basis and Purpose

Under Philippine law, an affidavit is a written declaration made under oath before a notary public or other authorized officer. For SIM cards, the affidavit fulfills several purposes:

Proof of Loss: It declares the SIM as irretrievably lost, preventing unauthorized use.
Indemnification: It protects the telco from claims arising from the lost SIM, such as unauthorized calls, texts, or data usage.
Compliance with Regulations: The National Telecommunications Commission (NTC) and Republic Act No. 11202 (Mobile Number Portability Act) emphasize secure SIM handling, making affidavits essential for replacements.
Anti-Fraud Measure: With rising SIM-based fraud (e.g., identity theft via one-time passwords), telcos use affidavits to verify ownership.

Note that affidavits are not required for all SIM issues (e.g., damaged SIMs may need only proof of ownership), but loss scenarios mandate them.

Requirements for Preparing an Affidavit of Loss for SIM Card

To draft and execute an Affidavit of Loss, you need specific information and documents. Requirements may vary slightly by telco, but the core elements are consistent.

Essential Information to Include in the Affidavit

The affidavit must be detailed to avoid rejection. Key elements include:

Affiant's Personal Details: Full name, age, civil status, occupation, address, and contact information.
SIM Card Details: Mobile number, telco provider (e.g., Globe, Smart), type (prepaid or postpaid), and any associated account number or PUK (Personal Unlocking Key) if known.
Circumstances of Loss: A factual narrative describing how, when, and where the SIM was lost (e.g., "On [date], while commuting in [location], my wallet containing the SIM card was stolen"). Include efforts to recover it, such as police reports if applicable.
Declaration of Ownership: Affirm that you are the rightful owner or authorized user of the SIM.
Indemnity Clause: A statement holding the telco harmless from any liabilities due to the loss.
Oath: A jurat (notarial certification) confirming the affidavit was sworn before a notary.

Supporting Documents

Valid Government-Issued ID: At least one (e.g., Passport, Driver's License, Voter's ID, SSS/GSIS ID, PhilHealth ID, or Postal ID). For notarization, the notary may require two IDs.
Proof of Ownership: Billing statements (for postpaid), purchase receipts, or recent transaction history for the SIM.
Police Report (Blotter): Optional but recommended for theft cases, obtained from the nearest police station. This strengthens the affidavit and may be required by some telcos.
Authorization Letter: If executed on behalf of someone else (e.g., a minor or elderly relative), include a Special Power of Attorney (SPA).
Template or Form: Many telcos provide downloadable affidavit templates on their websites (e.g., Globe's "Affidavit of Loss and Indemnity"). Use these to ensure compliance.

For foreigners or OFWs, additional proofs like Alien Certificate of Registration (ACR) or Overseas Employment Certificate (OEC) may be needed.

Step-by-Step Process to Obtain and Use an Affidavit of Loss

The process involves drafting, notarization, and submission. It typically takes 1-2 days, depending on availability.

Step 1: Draft the Affidavit

Use a standard template or create one using word processing software.
Ensure the language is formal, clear, and truthful. Avoid vague statements to prevent perjury charges under Article 183 of the Revised Penal Code.
Sample Structure:
- Heading: "Republic of the Philippines" followed by the city/municipality.
- Body: Personal details, loss narrative, declarations.
- Closing: Signature line and jurat.

Step 2: Notarize the Affidavit

Visit a licensed notary public (e.g., at law offices, courts, or malls with notarial services).
Present your ID and the drafted affidavit.
Sign the document in the notary's presence; they will administer the oath and affix their seal.
Pay the notary fee (detailed below).

Step 3: Submit to the Telco

Go to a telco service center or branch (e.g., Globe Store, Smart Center).
Present the notarized affidavit, supporting documents, and pay any replacement fees (typically PHP 40-100 for the new SIM).
For postpaid accounts, additional verification like credit checks may apply.
Processing time: Same-day for prepaid; 1-3 days for postpaid.
Online Options: Some telcos allow digital submission via apps (e.g., GlobeOne or MySmart), but notarization is still required.

Step 4: Activate the New SIM

Insert the replacement SIM and follow activation instructions (e.g., text "SIM REG" for compliance with RA 11934, the SIM Card Registration Act).
Update linked services (e.g., GCash, bank apps) to the new SIM.

If the loss involves theft or fraud, report to the NTC or Cybercrime Investigation and Coordinating Center (CICC) for further action.

Notary Costs and Related Fees

Notarization fees in the Philippines are regulated by the Supreme Court and vary by location and notary. For a simple Affidavit of Loss:

Standard Fee: PHP 100 to PHP 300 per document. This includes the notarial act and seal.
Factors Influencing Cost:
- Location: Higher in urban areas like Metro Manila (PHP 200-300) vs. provinces (PHP 100-200).
- Complexity: If the affidavit is lengthy or requires additional clauses, fees may increase.
- Urgency: Rush services or home visits can add PHP 500+.
- Government Notaries: Free or minimal (PHP 50) at public attorneys' offices (PAO) for indigent affiant under RA 9406.
Other Costs:
- Drafting Assistance: PHP 100-500 if the notary or lawyer drafts it.
- Photocopies and Printing: PHP 10-50.
- Telco Replacement Fee: PHP 40 (prepaid) to PHP 150 (postpaid with features).
Tax Implications: Notarial fees include a Documentary Stamp Tax (DST) of PHP 15-30 under the Tax Code.

Always request a receipt, as notaries must issue Official Receipts (OR) per Bureau of Internal Revenue (BIR) rules.

Additional Considerations and Tips

Common Mistakes to Avoid

Incomplete Details: Omitting the loss narrative or SIM number can lead to rejection.
False Statements: Perjury is punishable by imprisonment (2-6 years) and fines.
Expired IDs: Ensure IDs are valid; notaries won't proceed otherwise.
Telco-Specific Rules: Check provider websites—e.g., DITO may require online pre-registration.

Special Cases

Minors: A parent or guardian must execute the affidavit with proof of relationship.
Corporate SIMs: Require board resolutions or company authorization.
Lost Abroad: Execute at a Philippine Consulate (fees: USD 25 equivalent) under the Vienna Convention.
Bulk Losses: For multiple SIMs (e.g., business), a single affidavit may suffice if detailed.

Legal Implications

Validity Period: Affidavits have no expiration but should be used promptly.
Liability: If the lost SIM is misused, the affidavit shifts responsibility but doesn't absolve negligence.
Data Privacy: Under RA 10173 (Data Privacy Act), telcos handle affidavits confidentially.
Updates: With evolving laws like SIM registration, requirements may change; consult telco support.

Prevention and Alternatives

To avoid future losses:

Use eSIMs (digital SIMs) where available.
Enable SIM locks or remote wipe features.
Register SIMs promptly to aid recovery.

If the SIM is found after replacement, inform the telco to deactivate the old one.

In summary, obtaining an Affidavit of Loss for a SIM card is a straightforward legal process that ensures secure replacement. By following these steps and requirements, Filipinos can minimize disruptions while complying with regulations. For personalized advice, consult a lawyer or telco representative.

Disclaimer: Grok is not a lawyer; please consult one. Don't share information that can identify you.