How to Make an Affidavit of Loss for a SIM Card in the Philippines
Introduction
In the Philippines, an Affidavit of Loss is a formal sworn statement used to declare the loss, theft, or destruction of personal property or documents. When it comes to a SIM (Subscriber Identity Module) card, this affidavit serves as a crucial legal document required by telecommunication companies (such as Globe Telecom, Smart Communications, or TM) to process a replacement SIM card while retaining the same mobile number. This process helps prevent unauthorized use of the lost SIM and protects the subscriber from potential liabilities arising from misuse, such as fraudulent calls, texts, or data usage.
The affidavit is governed by Philippine laws on notarial acts, particularly under the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC) and relevant provisions of the Revised Penal Code on perjury (Article 183). It must be executed under oath before a notary public to ensure its validity and enforceability. Filing a false affidavit can result in criminal charges, emphasizing the need for accuracy and honesty.
This article provides a comprehensive guide on preparing, executing, and using an Affidavit of Loss for a SIM card, tailored to the Philippine legal context. It covers the purpose, requirements, step-by-step process, sample format, associated costs, common pitfalls, and legal implications.
Purpose of the Affidavit
The primary purposes of an Affidavit of Loss for a SIM card in the Philippines include:
- Declaration of Loss: It officially notifies the telecom provider of the SIM's loss, prompting them to deactivate the old SIM to prevent identity theft or unauthorized transactions (e.g., mobile banking or OTP verifications).
- Facilitation of Replacement: Telecom companies require this document as proof to issue a new SIM with the same number, ensuring continuity of service.
- Legal Protection: It shields the subscriber from liabilities if the lost SIM is used for illegal activities, such as scams or harassment, by establishing that the loss occurred before such incidents.
- Compliance with Regulations: Under the National Telecommunications Commission (NTC) guidelines and Republic Act No. 11202 (Mobile Number Portability Act), telecom providers must verify subscriber identity and loss claims to maintain network security.
Without this affidavit, replacement requests are typically denied, as providers prioritize fraud prevention.
Requirements for Preparing the Affidavit
To create a valid Affidavit of Loss, you need to gather the following information and documents. These ensure the affidavit is complete and verifiable:
| Requirement | Description |
|---|---|
| Personal Information | Full name, age, civil status, occupation, and complete residential address of the affiant (the person making the statement). |
| SIM Card Details | Mobile number associated with the SIM, the telecom provider (e.g., Globe, Smart), approximate date and time of loss, location where the loss occurred, and circumstances (e.g., stolen during a commute or misplaced at home). |
| Identification | At least one valid government-issued ID (e.g., Philippine Passport, Driver's License, Voter's ID, or SSS/GSIS ID) to present to the notary public for verification. |
| Witnesses (Optional) | While not always required, some notaries may ask for two witnesses to corroborate the statement, especially if the loss involves theft. |
| Notary Public | The affidavit must be subscribed and sworn to before a licensed notary public in the Philippines. |
Note: If the SIM is registered under a company or another person's name (e.g., a family member), additional authorization letters or proofs of relationship may be needed.
Step-by-Step Process to Make the Affidavit
Creating an Affidavit of Loss is straightforward but requires attention to legal formalities. Follow these steps:
Draft the Affidavit: Write or type the statement on a clean sheet of paper or use a word processor. Ensure it is in English or Filipino (Tagalog), as these are the official languages. Include all necessary details without ambiguities. You can use a template (see sample below) or consult a lawyer for customization.
Review for Accuracy: Double-check facts to avoid errors that could invalidate the document or lead to perjury charges. Ensure the language is clear, concise, and truthful.
Visit a Notary Public: Locate a notary public through local bar associations, law offices, or government centers (e.g., city halls or malls with notarial services). Present your draft and valid ID. The notary will verify your identity, administer the oath, and witness your signature.
Sign and Swear: Affix your signature in the presence of the notary. You will verbally affirm the truthfulness of the contents under oath.
Pay Notarial Fees: Settle the fee, which varies but is regulated by the Integrated Bar of the Philippines (IBP). Notarization is complete once the notary affixes their seal, signature, and notarial details (e.g., PTR No., O.R. No., doc no., page no., book no., series).
Obtain Copies: Request multiple originals or certified true copies, as you may need one for the telecom provider and extras for personal records.
Submit to Telecom Provider: Bring the notarized affidavit to a service center of your provider (e.g., Globe Store or Smart Center) along with ID and proof of ownership (e.g., billing statement). They will process the replacement, which may take 24-48 hours.
The entire process can be completed in one day, depending on notary availability.
Sample Format of Affidavit of Loss for SIM Card
Below is a standard template. Customize it with your details and print on legal-sized paper if preferred.
REPUBLIC OF THE PHILIPPINES)
CITY/MUNICIPALITY OF [City/Municipality]) S.S.
AFFIDAVIT OF LOSS
I, [Full Name], of legal age, [Civil Status], [Occupation], 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/subscriber of a SIM card with mobile number [Mobile Number] issued by [Telecom Provider, e.g., Globe Telecom, Inc.].
On or about [Date of Loss], at approximately [Time], while I was at [Location and Brief Circumstances, e.g., commuting in a jeepney in Quezon City, the SIM card was lost/stolen along with my mobile phone].
Despite diligent efforts to locate the said SIM card, the same could not be found and is now considered irretrievably lost.
I am executing this Affidavit to attest to the truth of the foregoing facts and for the purpose of securing a replacement SIM card from [Telecom 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 over Printed Name]
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] with ID No. [ID Number] issued on [Issuance Date] at [Issuance Place].
[Notary Public's Signature]
Notary Public
Doc. No.: _____;
Page No.: _____;
Book No.: _____;
Series of [Year].
This format complies with standard notarial requirements. If the loss involves theft, you may add a police report reference for added credibility.
Associated Costs and Timeframe
- Notarial Fees: Typically range from PHP 100 to PHP 500, depending on location and complexity. In urban areas like Metro Manila, expect higher rates.
- Replacement SIM Fee: Telecom providers charge around PHP 50 to PHP 200 for a new SIM, plus any outstanding balances.
- Timeframe: Drafting takes 15-30 minutes; notarization, 30-60 minutes; replacement processing, 1-2 days.
Common Pitfalls and Tips
- Avoid False Statements: Perjury is punishable by imprisonment (up to 6 years) and fines under the Revised Penal Code.
- Incomplete Details: Omitting SIM specifics can lead to rejection by the provider.
- Notarization Errors: Ensure the notary is active and licensed; check via the Supreme Court website if doubtful.
- Tips:
- File a police blotter if theft is suspected, as it strengthens your claim.
- Keep digital copies of the affidavit for records.
- For prepaid SIMs, replacement is simpler; postpaid may require account verification.
- If you're abroad, execute the affidavit at a Philippine embassy or consulate under consular notarization rules.
Legal Implications and Considerations
Under Philippine law, the affidavit is a public document once notarized, admissible in court as evidence. It aligns with data privacy laws (Republic Act No. 10173) by ensuring secure handling of personal information during replacement. If the lost SIM leads to disputes (e.g., unauthorized charges), the affidavit can be used in small claims court or NTC complaints.
In cases of corporate SIMs or minors, additional legal guardians or board resolutions may be required. Always consult a lawyer for complex scenarios, such as if the loss is tied to a broader incident like robbery.
This covers the essentials of preparing an Affidavit of Loss for a SIM card in the Philippines, ensuring compliance and efficiency. If your situation involves unique circumstances, seeking professional legal advice is recommended.