Affidavit of Loss Requirements for a SIM Card in the Philippines (Comprehensive Legal Primer – June 2025)
1. Why a formal Affidavit of Loss is needed
Losing the physical SIM (Subscriber Identity Module) means losing an access device that:
- contains personal data registered under Republic Act (RA) 11934, The SIM Registration Act;
- is linked to e-wallets, OTP-secured bank apps, and other “access devices” governed by RA 8484 (Access Devices Regulation Act); and
- may be used to commit identity theft, estafa or cyber-crimes under RA 10175 (Cybercrime Prevention Act).
Telcos therefore treat a lost SIM almost like a lost ID. To deactivate the number and issue a replacement, they require a sworn Affidavit of Loss (AoL) that squarely places liability on the subscriber if the narrative proves false (Art. 171, Revised Penal Code on falsification).
2. Governing laws and rules
| Law / Regulation | Key Section Relevant to Loss | Practical Effect |
|---|---|---|
| RA 11934 – SIM Registration Act (2022) | §9(b) – loss of SIM must be reported immediately; SIM will be deactivated after proper verification | Telcos cannot re-activate the number without subscriber-submitted proof of loss. |
| IRR of RA 11934 (NTC Memo Circular 001-01-2023) | Rule 11, ¶ (c) – subscriber must submit a notarized affidavit | Establishes uniform affidavit requirement. |
| RA 8484 – Access Devices Regulation Act (1998) | §9 – cardholder liability for fraudulent use if loss not promptly reported | Encourages quick affidavit execution. |
| Rules on Notarial Practice (2004) | Rule II §1 & Rule IV §2 | Dictates form, identification and journal entry for notarized affidavits. |
| Data Privacy Act (RA 10173) | §11(c) – data quality | Affidavit must contain only data strictly necessary. |
3. Who may execute the affidavit
- The registered subscriber – if the SIM was registered individually.
- Authorized representative – for corporate-registered or minor-registered SIMs; must attach a Special Power of Attorney (SPA) or Secretary’s Certificate.
- Guardian/parent – if the subscriber is below 18.
4. Core contents of the affidavit
| Element | Drafting Tips |
|---|---|
| Title | “Affidavit of Loss of SIM Card” |
| Affiant’s personal details | Full name, citizenship, civil status, date of birth, address, government-issued ID details. |
| SIM particulars | Mobile number, telco brand, ICCID (if available), account type (prepaid/post-paid), approximate date of registration. |
| Circumstances of loss | Date, time, place, manner (e.g., theft, misplacement, robbery, fire). Include police blotter reference if applicable. |
| Steps taken to locate/recover | e.g., “Affiant searched premises, called the number, and reported to barangay.” |
| Statement of non-recovery | A clear declaration that the SIM is irretrievably lost and not in the possession of any other person with authority. |
| Undertaking / prayer | Request for permanent deactivation and issuance of a replacement SIM, with acknowledgment of liability for falsehoods. |
| Signature block & jurat | Signed in the presence of the notary public; jurat must indicate competent evidence of identity shown. |
5. Supporting documents
- Valid government-issued ID (original + photocopy).
- SIM registration proof, if available (screenshot of registration confirmation or telco-generated certificate).
- Proof of ownership (recent load card receipt, billing statement, or email confirming post-paid account).
- Incident report / police blotter (required by some telcos if loss is due to robbery or theft).
- SPA or Secretary’s Certificate (for representatives).
6. Notarization specifics
- Appear personally before a Philippine notary public.
- Present one current ID bearing photo and signature (Rule II §1).
- Notarial fee typically ranges from ₱200 – ₱500 in Metro Manila; may be higher for rush or outside-office calls.
- Document must be signed in ink, not electronically, unless the notary is an accredited e-notary under the 2020 Interim Rules on Remote Notarization.
7. Telco replacement procedures (snapshot, 2025)
| Telco | Filing Channel | Extra Forms | Fees | Release Time |
|---|---|---|---|---|
| Globe | Globe Store or GlobeOne app chat → appointment | SIM Replacement Request Form | ₱50 (prepaid); waived for post-paid | 15 mins in-store |
| Smart / TNT | Smart Store or Smart GigaLife hotline | SIM Change Form | ₱40; free if phone was stolen with police report | Same-day |
| DITO | DITO Experience Store only (no online) | Incident Report Form | ₱50 | 24 hrs |
| GOMO | Online form upload; SIM ships via courier | None; affidavit uploaded as PDF | ₱299 incl. courier | 3 - 5 days |
Tip: Bring the handset or at least its IMEI if the telco wants to blacklist the device as well.
8. Timeline & validity
- Execute affidavit within 24 – 48 hours of discovering loss to limit liability under RA 8484.
- Once telco accepts the affidavit, the lost SIM is permanently deactivated; it cannot be re-activated even if later found.
- The affidavit itself has no statutory expiry, but telcos usually require it to be no older than 15 days at the time of filing.
9. Penalties for false affidavits
- Revised Penal Code Art. 171 – Falsification of documents (prision correccional and fine).
- Possible civil liability for fraudulent transactions committed using the SIM if loss was fabricated.
- Telcos may blacklist subscriber accounts and forfeit prepaid balances.
10. Frequently asked practical questions
| Question | Short Answer |
|---|---|
| Do I need a police report? | Only if loss was due to crime (robbery, snatching). Otherwise, affidavit alone suffices. |
| Can I authorize someone to process everything? | Yes, with notarized SPA plus photocopies of both IDs. |
| What if I was abroad when the SIM was lost? | Execute an affidavit before a Philippine consul or apostille the foreign-notarized affidavit. |
| Is e-notarization accepted? | Globe and Smart accept e-notarized AoL as PDF if generated under the Interim e-Notary Rules. |
| Will my load or plan inclusions carry over? | Post-paid: all services continue under new SIM. Prepaid: any unexpired load credits are restored if you present the last reload or balance SMS. |
11. Practical drafting template (simplified)
AFFIDAVIT OF LOSS OF SIM CARD
I, [Name], Filipino, of legal age, single/married, and residing at [address], after having been duly sworn, state:
- I am the registered owner of mobile number +63 9XX XXX XXXX, a [telco] prepaid/post-paid SIM with ICCID No. [if known].
- On [date] at around [time] while at [place], I discovered that said SIM was missing and is presumed lost due to [circumstances].
- Despite diligent search and efforts which included [steps], I have been unable to locate said SIM and believe it to be beyond recovery.
- I am executing this Affidavit to request the permanent deactivation of the lost SIM and issuance of a replacement SIM under the same mobile number, and for whatever legal purpose it may serve.
IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [city], Philippines.
(Signature over printed name) Affiant
(JURAT)
12. Key take-aways
- Act quickly – execute the affidavit within 48 hours to cut off potential fraudulent use.
- Narrate facts clearly and succinctly; omit unnecessary personal data to comply with the Data Privacy Act.
- Bring all IDs and account proofs to the telco to avoid repeat visits.
- Retain copies – one for the notarial register, one for the telco, and one personal copy.
- False statements = criminal exposure; be accurate and truthful.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For specific concerns, consult a Philippine lawyer or your telco’s legal compliance office.