Affidavit of Loss for SIM Card: Step-by-Step Guide and Sample Format (Philippines)

Introduction

In the Philippines, mobile phones and SIM cards are essential for communication, financial transactions, and access to various services. Losing a SIM card can be inconvenient, potentially leading to unauthorized use, identity theft, or loss of important data such as contacts and mobile wallet balances. To replace a lost SIM card, telecommunication companies (telcos) like Globe Telecom, Smart Communications, and 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 mitigate fraud and ensure the rightful owner can regain control of their mobile number.

Under Philippine law, an affidavit is a written declaration made under oath before a notary public or other authorized officer, as governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and related provisions of the Civil Code. While not a criminal complaint, it carries legal weight and can be used in court if disputes arise. This article provides a comprehensive overview of the Affidavit of Loss for a SIM card, including its purpose, requirements, a step-by-step guide to preparation and submission, a sample format, common pitfalls, and additional considerations in the Philippine context.

Purpose and Importance of an Affidavit of Loss for SIM Card

The primary purpose of an Affidavit of Loss is to declare under oath that the SIM card has been lost, stolen, or damaged beyond recovery, and that the affiant (the person making the statement) is not in possession of it. This protects both the user and the telco by:

Preventing Fraud: It helps block the lost SIM from being used for malicious activities, such as unauthorized calls, texts, or access to linked accounts (e.g., GCash, Maya, or banking apps).
Facilitating Replacement: Telcos require this to issue a new SIM with the same number, ensuring continuity of service.
Legal Compliance: It aligns with regulations from the National Telecommunications Commission (NTC), which oversees mobile services and mandates identity verification to combat SIM-related crimes like text scams or illegal activities under Republic Act No. 10175 (Cybercrime Prevention Act of 2012).
Evidence in Disputes: If the lost SIM is misused, the affidavit can serve as proof that the owner reported the loss promptly, potentially absolving them of liability.

Without this affidavit, telcos may refuse to replace the SIM, leading to prolonged downtime. It's particularly crucial for prepaid and postpaid users, as well as those with SIMs linked to government IDs under the SIM Card Registration Act (Republic Act No. 11934), which requires all SIMs to be registered with valid identification.

Requirements for Preparing an Affidavit of Loss

To create a valid Affidavit of Loss, you'll need:

Personal Information: Full name, age, address, and contact details of the affiant.
SIM Card Details: Mobile number, telco provider, type of SIM (prepaid/postpaid), and any associated account number or PUK code if known.
Circumstances of Loss: A brief, factual description of how and when the SIM was lost (e.g., stolen during a commute or misplaced at home).
Supporting Documents:
- Valid government-issued ID (e.g., Passport, Driver's License, UMID, or Voter's ID) with photo and signature.
- Proof of ownership, such as billing statements for postpaid or registration confirmation for prepaid.
- Notary public's seal and signature.
Notarization Fee: Typically ranges from PHP 100 to PHP 300, depending on the notary and location.
Additional Items for Telco Submission: Some providers may ask for a police report if theft is involved, or a photocopy of the ID.

The affidavit must be written in clear, concise language, preferably in English or Filipino, and signed by the affiant in the presence of the notary.

Step-by-Step Guide to Obtaining and Using an Affidavit of Loss

Step 1: Assess the Situation

Confirm the SIM is indeed lost and not temporarily misplaced. Attempt to locate it or contact the telco to temporarily suspend service if possible.
If theft is suspected, consider filing a police blotter report at the nearest station. While not always mandatory for SIM replacement, it strengthens your case.

Step 2: Draft the Affidavit

Use a template or write it from scratch. Ensure it includes all required elements (see Sample Format below).
Be truthful and detailed but avoid unnecessary information that could complicate matters.
If you're not comfortable drafting it, consult a lawyer, paralegal, or use free templates from legal aid organizations like the Integrated Bar of the Philippines (IBP).

Step 3: Notarize the Affidavit

Visit a notary public (often found in law offices, malls, or government buildings).
Present your valid ID and sign the affidavit in their presence.
The notary will administer the oath, affix their seal, and record it in their notarial register.
Note: Under the Rules on Notarial Practice, the notary must verify your identity and ensure you're signing voluntarily.

Step 4: Submit to the Telco Provider

Go to a branch or authorized service center of your telco (e.g., Globe Store, Smart Center).
Present the notarized affidavit, valid ID, and any other required documents.
Pay any replacement fees (typically PHP 40–150 for the new SIM, plus activation if applicable).
The telco will verify details, deactivate the old SIM, and issue a new one. This process usually takes 15–60 minutes, but may require 24–48 hours for full activation.

Step 5: Follow Up

Update linked services (e.g., re-register banking apps or e-wallets).
Monitor for any unauthorized activity and report to the telco or authorities if needed.

The entire process can be completed in a day, but delays may occur in rural areas or during peak times.

Sample Format for Affidavit of Loss for SIM Card

Below is a standard sample format. Customize it with your details. Print it on legal-sized paper if possible.

REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [City/Municipality]) S.S.

AFFIDAVIT OF LOSS

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

I am the registered owner/user of a SIM card with mobile number [Mobile Number] issued by [Telco Provider, e.g., Globe Telecom, Inc.].
On or about [Date of Loss], at [Location, e.g., Quezon City], I lost the said SIM card under the following circumstances: [Brief description, e.g., "My mobile phone containing the SIM card was stolen while I was commuting via jeepney along EDSA."].
Despite diligent efforts, I have been unable to locate or recover the said SIM card.
The said SIM card is not in my possession, 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 securing a replacement SIM card from [Telco Provider], and for whatever legal purpose this may serve.

IN WITNESS WHEREOF, I have hereunto set my hand this [Date] day of [Month], [Year] at [City/Municipality], Philippines.

[Signature of Affiant]
[Full Name of Affiant]

SUBSCRIBED AND SWORN to before me this [Date] day of [Month], [Year] at [City/Municipality], Philippines, affiant exhibiting to me his/her [Type of ID, e.g., Passport No. XXXXXX] issued on [Issuance Date] at [Issuance Place].

[Signature of Notary Public]
[Name of Notary Public]
Notary Public until [Expiration Date]
PTR No. [PTR Number], [Date/Place]
IBP No. [IBP Number], [Date/Place]
Roll No. [Roll Number]
Doc. No. [Document Number];
Page No. [Page Number];
Book No. [Book Number];
Series of [Year].

Common Pitfalls and Tips

Inaccuracies: False statements can lead to perjury charges under Article 183 of the Revised Penal Code. Always be truthful.
Incomplete Details: Omitting key information may result in rejection by the telco.
Notarization Issues: Ensure the notary is commissioned and not expired.
Provider Variations: While the process is similar, check with your specific telco (e.g., Globe may require online forms for postpaid).
Digital Alternatives: Some telcos offer online affidavit templates or e-notarization under the Electronic Commerce Act (Republic Act No. 8792), but physical submission is often still required.
For Minors or Representatives: If the SIM is under a minor's name, a parent/guardian must sign. For corporate accounts, an authorized signatory is needed.
Cost-Saving Tip: Free legal clinics from the Public Attorney's Office (PAO) or IBP can assist with drafting and notarization for indigent individuals.
Prevention: Register your SIM under RA 11934, enable SIM locks, and back up data regularly.

Additional Considerations in the Philippine Context

SIM Registration Law: Since December 2022, all SIMs must be registered, making the affidavit crucial for unregistered or lost registered SIMs to avoid deactivation.
Data Privacy: Under the Data Privacy Act (Republic Act No. 10173), telcos handle your information securely, but disclose only necessary details in the affidavit.
Legal Remedies: If the telco denies replacement unreasonably, you can file a complaint with the NTC or seek assistance from the Department of Trade and Industry (DTI).
Cultural Notes: In rural areas, access to notaries may be limited, so plan accordingly. During emergencies (e.g., typhoons), telcos sometimes waive requirements.

This affidavit is a straightforward yet vital tool for SIM recovery. While this guide covers the essentials, laws and procedures can evolve, so verify with your telco or a legal professional for the latest requirements. Remember, prompt action minimizes risks associated with a lost SIM.