Affidavit of Loss for SIM Card: Requirements and Template (Philippines)
Introduction
In the Philippines, losing a mobile SIM card can be a significant inconvenience, as it disrupts communication and may expose the owner to risks such as unauthorized use or identity theft. To mitigate these issues and obtain a replacement SIM, telecommunication companies (telcos) like Globe Telecom, Smart Communications, PLDT (including TNT and Sun Cellular), and newer providers like DITO Telecommunity typically require an Affidavit of Loss. This document serves as a formal sworn statement attesting to the loss of the SIM card, helping to prevent fraud and facilitating the issuance of a new SIM while retaining the original mobile number.
The Affidavit of Loss is rooted in Philippine legal principles under the Civil Code (Republic Act No. 386) and notarial laws (as governed by the 2004 Rules on Notarial Practice, A.M. No. 02-8-13-SC). It is not a criminal complaint but a civil declaration used for administrative purposes. While the process is standardized across telcos, slight variations may exist based on the provider (prepaid vs. postpaid) and location. This article provides a comprehensive overview, including legal context, requirements, step-by-step procedures, a customizable template, potential challenges, and best practices.
Legal Context and Purpose
Legal Basis
Under Philippine law, an affidavit is a written declaration made under oath before a notary public or authorized officer, affirming the truth of the facts stated. For lost items like SIM cards, it falls under general provisions for affidavits of loss, which are commonly required for replacements of government-issued documents (e.g., IDs, licenses) or private items (e.g., credit cards, gadgets). Specifically for SIM cards:
- Telcos mandate it to comply with the National Telecommunications Commission's (NTC) regulations on subscriber protection and anti-fraud measures.
- It aligns with Republic Act No. 10173 (Data Privacy Act of 2012), as it helps verify the subscriber's identity and prevent data breaches.
- If the loss involves theft, it may support a police report under Republic Act No. 10175 (Cybercrime Prevention Act of 2012) if unauthorized access or SIM swapping is suspected.
Purpose
- Declaration of Loss: Affirms that the SIM was lost, not sold, transferred, or given away, reducing liability for any misuse post-loss.
- Fraud Prevention: Telcos use it to deactivate the lost SIM and issue a new one, preventing SIM cloning or unauthorized porting.
- Number Retention: Allows retention of the mobile number, which is crucial for linked services like banking apps, e-wallets (e.g., GCash, Maya), or government portals (e.g., PhilHealth, SSS).
- Administrative Requirement: It's a prerequisite for SIM replacement, not optional, and must be notarized for validity.
Failure to file one promptly could lead to complications, such as the lost SIM being used for illegal activities (e.g., scam calls), potentially implicating the owner.
Requirements for Obtaining a Replacement SIM
Requirements vary slightly by telco and plan type (prepaid or postpaid), but the core elements are consistent. Always check the specific provider's website or customer service for updates, as policies can evolve.
General Requirements
- Notarized Affidavit of Loss: The primary document, detailing the circumstances of the loss.
- Valid Government-Issued IDs: At least two (2) original IDs with photo and signature. Acceptable IDs include:
- Philippine Passport
- Driver's License (LTO-issued)
- Voter's ID (COMELEC)
- SSS/GSIS ID
- PhilHealth ID
- Postal ID
- Senior Citizen ID
- PRC ID (for professionals)
- For minors (if applicable), birth certificate plus guardian's ID. Photocopies are usually required, but originals must be presented.
- Proof of Ownership (especially for postpaid):
- Latest billing statement (for postpaid subscribers).
- Original purchase receipt or box of the SIM (if available).
- For prepaid, the mobile number and last known usage details suffice.
- Replacement Fee: Typically ranges from PHP 50 to PHP 200, depending on the telco and SIM type (e.g., 5G-enabled). Payment is made at the service center.
- Police Report (Optional but Recommended): If the SIM was stolen (e.g., during a robbery), a blotter report from the Philippine National Police (PNP) strengthens the affidavit and provides additional legal protection.
- Authorization Letter (If Applicable): If someone else is processing on your behalf, include a notarized letter and their IDs.
Telco-Specific Variations
- Globe Telecom: Requires affidavit, two IDs, and proof of billing for postpaid. Prepaid replacements are faster but still need the affidavit. Process at Globe Stores.
- Smart Communications/PLDT (TNT/Sun): Similar to Globe; postpaid may require account verification via email or app. Available at Smart Stores or authorized dealers.
- DITO Telecommunity: As a newer provider, they emphasize digital verification but still require a physical affidavit for loss cases. Check DITO Experience Stores.
- Corporate or Business Lines: Additional requirements like company authorization or SEC documents.
For eSIM replacements (digital SIMs), the process is similar but may involve app-based activation after affidavit submission.
Step-by-Step Procedure
- Report the Loss Immediately: Contact your telco's customer service hotline (e.g., Globe: 211; Smart: *888) to report the loss and request temporary deactivation. This prevents unauthorized use.
- Prepare the Affidavit:
- Draft using the template below.
- Include accurate details: SIM number (if known), mobile number, date and place of loss, circumstances (e.g., "lost in a public market").
- Notarize the Affidavit:
- Visit a notary public (lawyers, notarial offices, or some malls offer this).
- Cost: PHP 100–300, plus PHP 2 per page for documentary stamps.
- Present your ID to the notary.
- Gather Supporting Documents: As listed above.
- Visit a Telco Service Center:
- Locate the nearest branch via the telco's app or website.
- Submit documents; verification takes 15–30 minutes.
- Pay the fee and receive the new SIM (activated within 24 hours, often immediately).
- Activate the New SIM: Insert into your device and follow SMS prompts or app instructions.
- Update Linked Services: Notify banks, e-wallets, and other apps of the new SIM to restore OTP access.
The entire process typically takes 1–2 days, but same-day replacement is possible at major branches.
Template for Affidavit of Loss
Below is a standard, customizable template. Use legal-sized paper (8.5 x 13 inches), Arial or Times New Roman font (size 12), and double-space. Ensure it's signed in the presence of the notary.
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [City/Municipality]) S.S.
AFFIDAVIT OF LOSS
I, [Full Name], of legal age, Filipino, [civil status: single/married/widowed], with residence and postal address at [Complete Address], after having been duly sworn in accordance with law, do hereby depose and state that:
I am the registered subscriber/owner of a SIM card with mobile number [Mobile Number, e.g., 0917-123-4567] issued by [Telco Provider, e.g., Globe Telecom, Inc.];
On or about [Date of Loss, e.g., September 1, 2025], at [Place of Loss, e.g., Quezon City], I lost the aforesaid SIM card under the following circumstances: [Brief Description, e.g., "The SIM card was in my wallet, which was pickpocketed while I was commuting via jeepney. Despite diligent search and inquiry, the same could not be found."];
The said SIM card has not been given, lent, sold, or transferred to any other person, and I have no knowledge of its whereabouts;
I am executing this Affidavit of Loss to attest to the truth of the foregoing facts and for the purpose of requesting the deactivation of the lost SIM card and the issuance of a replacement SIM card with the same mobile number from [Telco Provider];
I further undertake to hold [Telco Provider] free and harmless from any liability arising from the loss and/or any unauthorized use of the said SIM card prior to its deactivation.
IN WITNESS WHEREOF, I have hereunto set my hand this [Day] day of [Month], [Year] at [City/Municipality], Philippines.
[Signature over Printed Name of Affiant]
[Affiant's Name]
SUBSCRIBED AND SWORN to before me this [Day] day of [Month], [Year] at [City/Municipality], Philippines, affiant who exhibited to me his/her [Type of ID, e.g., Passport No. XXXXXX] issued on [Date] at [Place], known to me and to me known to be the same person who executed the foregoing instrument and acknowledged that the same is his/her free and voluntary act and deed.
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of [Year].
[Signature over Printed Name of Notary Public]
Notary Public until [Expiration Date]
PTR No. [Number], [Date], [Place]
IBP No. [Number], [Date], [Chapter]
Roll No. [Number]
[Notarial Address]
Notes on Template:
- Customize brackets with accurate information.
- If the loss was due to theft, add: "A police report has been filed at [PNP Station] on [Date]."
- For postpaid, include account number if known.
- Attach annexes (e.g., police report) if needed.
Potential Challenges and Solutions
- Notarization Delays: Notaries may be unavailable on weekends; plan accordingly.
- ID Verification Issues: If IDs are expired, renew them first.
- Remote Areas: In provinces, telco branches may have limited stock; call ahead.
- Fraud Risks: If SIM swapping is suspected (e.g., unauthorized porting), file an NTC complaint.
- Minors or OFWs: Guardians or proxies can process with proper authorization.
- COVID-19 or Calamity Protocols: Some telcos offer online submission via email/apps, but physical presence is often required for verification.
Best Practices and Tips
- Act quickly to minimize risks—report within 24 hours.
- Keep records: Photograph the affidavit and new SIM.
- Use secure devices for activation to avoid malware.
- Consider SIM registration under Republic Act No. 11934 (SIM Registration Act of 2022), which mandates ID-linked registration, making affidavits even more critical for replacements.
- Prevent future losses: Use SIM locks, eSIMs (if supported), or tracking apps.
- Legal Advice: Consult a lawyer if the loss involves disputes (e.g., shared accounts) or if you suspect foul play.
This process ensures compliance with Philippine laws while restoring your mobile connectivity efficiently. If complications arise, contact the NTC hotline (02-8920-4464) for assistance.