How to Make an Affidavit of Loss for a SIM Card in the Philippines

Introduction

In the Philippines, losing a SIM card can be a significant inconvenience, especially if it contains important contacts, messages, or is linked to financial services, government IDs, or online accounts. To replace a lost SIM card while retaining the same mobile number, telecommunication companies (telcos) such as Globe Telecom, Smart Communications, and DITO Telecommunity typically require an Affidavit of Loss. This document serves as a formal sworn statement attesting to the circumstances of the loss, helping prevent fraud and unauthorized use.

An Affidavit of Loss is a legal instrument under Philippine law, rooted in the principles of notary public practices and civil law. It is not unique to SIM cards but is commonly used for lost items like IDs, documents, or valuables. In the context of SIM cards, it aligns with regulations from the National Telecommunications Commission (NTC) and telco policies aimed at protecting consumer data and complying with Republic Act No. 10173 (Data Privacy Act of 2012) and Republic Act No. 11202 (Mobile Number Portability Act).

This article provides a comprehensive guide on creating an Affidavit of Loss for a SIM card, including its purpose, legal requirements, step-by-step process, sample template, potential costs, and best practices. While this is based on standard Philippine legal procedures, always verify with your specific telco or a legal professional for any updates or variations.

What is an Affidavit of Loss?

An Affidavit of Loss is a written declaration made under oath, stating that a particular item—in this case, a SIM card—has been lost, misplaced, or stolen, and that the affiant (the person making the statement) has no knowledge of its whereabouts despite diligent efforts to locate it. It includes:

Personal identification: Details of the affiant to establish credibility.
Factual narration: A clear account of how, when, and where the loss occurred.
Declaration of good faith: Assurance that the statement is true and that the affiant assumes responsibility for any misrepresentation.
Purpose clause: Indicating the affidavit's use, e.g., for SIM replacement.

Under Philippine law, affidavits are governed by the 2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC), which requires them to be subscribed and sworn to before a notary public. False statements in an affidavit can lead to perjury charges under Article 183 of the Revised Penal Code, punishable by arresto mayor (imprisonment from one month to six months) or fines.

For SIM cards, the affidavit mitigates risks like identity theft or unauthorized porting, especially post the SIM Card Registration Act (Republic Act No. 11934), which mandates registration of all SIMs to curb scams.

Why is an Affidavit of Loss Required for a SIM Card?

Telcos require this document for several reasons:

Fraud Prevention: To ensure the requestor is the legitimate owner and not someone attempting to hijack the number for malicious purposes, such as accessing bank OTPs or social media accounts.
Compliance with Regulations: The NTC mandates telcos to verify ownership before issuing replacements, aligning with consumer protection laws.
Liability Waiver: It protects the telco from claims if the lost SIM is later misused.
Data Security: Under the Data Privacy Act, telcos must safeguard personal information; the affidavit helps document the chain of custody for the number.

Without it, telcos may deny replacement, forcing you to get a new number, which could disrupt services like GCash, PayMaya, or government portals (e.g., PhilSys ID verification).

Requirements for Preparing an Affidavit of Loss

Before drafting, gather these essentials:

Valid Government-Issued ID: Such as a passport, driver's license, UMID, PhilHealth ID, or voter's ID. The ID must match the name on the SIM registration (if applicable post-RA 11934).
SIM Details: The lost SIM's mobile number, PUK code (if known), and any associated account information.
Proof of Ownership: If the SIM is registered, provide registration details; for corporate or postpaid lines, include authorization letters.
Notary Public: Access to a licensed notary (lawyers, notarial offices, or some government offices like city halls).
Paper and Printing: The affidavit should be printed on legal-sized paper (8.5 x 13 inches) or A4, in clear font (e.g., Arial 12).

No specific form is mandated by law, but telcos may provide templates on their websites or service centers.

Step-by-Step Guide to Making an Affidavit of Loss

Follow these steps to create and execute the affidavit:

Draft the Content:
- Use a word processor to write the affidavit in English or Filipino (Tagalog), as both are official languages.
- Structure it formally: Title, personal details, body, jurat (notary section).
- Be truthful and detailed to avoid rejection.
Print and Review:
- Print at least two copies: one for the telco and one for your records.
- Proofread for accuracy; errors can invalidate it.
Go to a Notary Public:
- Visit a notary's office (fees range from PHP 100–300, depending on location).
- Present your ID and swear to the truthfulness of the statement.
- The notary will affix their seal, signature, and notarial details.
Submit to the Telco:
- Bring the notarized affidavit to a telco branch or authorized center.
- Pay replacement fees (e.g., PHP 40–100 for prepaid SIMs).
- Wait for verification; replacement is usually issued on the spot or within 24 hours.
Activate the New SIM:
- Insert the new SIM and follow activation instructions (e.g., text a code to a short number).
- Update linked accounts to the new SIM if needed.

If the loss involves theft, file a police report first, as some telcos require it alongside the affidavit.

Sample Affidavit of Loss Template

Below is a standard template. Customize it with your details.

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

AFFIDAVIT OF LOSS

I, [Your Full Name], of legal age, Filipino, single/married, and a resident of [Your 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 [Lost SIM Number] issued by [Telco Name, e.g., Globe Telecom].
That on or about [Date of Loss], at [Location of Loss, e.g., Quezon City], said SIM card was lost/misplaced/stolen under the following circumstances: [Detailed Narration, e.g., "While commuting via jeepney, my wallet containing the SIM card fell out of my pocket, and despite searching the area and inquiring with nearby establishments, I was unable to recover it."].
That I have exerted diligent efforts to locate the said SIM card, but to no avail.
That 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 Name], and for whatever legal purpose this may serve.
That I hereby hold [Telco Name] free and harmless from any liability arising from the issuance of the replacement SIM card.

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

[Your Signature]
[Your Full Name]
Affiant

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

[Notary's Signature]
[Notary Public's Name]
Notary Public
PTR No. [PTR Number]
Issued on [Date] at [Place]
Doc. No. ___;
Page No. ___;
Book No. ___;
Series of [Year].

Costs Involved

Notarization Fee: PHP 100–300.
SIM Replacement Fee: Varies by telco (e.g., Globe: PHP 40 for prepaid; Smart: PHP 50–100).
Transportation/Printing: Minimal, around PHP 50–100.
No government fees for the affidavit itself, but police reports (if needed) may cost PHP 50–100.

Tips and Best Practices

Act Quickly: Report the loss to your telco immediately via hotline (e.g., Globe: *211; Smart: *888) to suspend the line and prevent misuse.
Keep Copies: Retain photocopies of the affidavit and IDs.
Digital Alternatives: Some telcos allow e-affidavits or online submissions, but notarization is still required.
For Minors or Representatives: If the SIM is under a minor's name, a guardian must sign; for others, a Special Power of Attorney may be needed.
Common Pitfalls: Avoid vague narrations; incomplete details can lead to denial. If the SIM is unregistered, registration may be required during replacement per RA 11934.
Legal Assistance: Consult a lawyer if the loss involves sensitive data or disputes.

Legal Basis and Implications

The affidavit's validity stems from:

Civil Code of the Philippines (RA 386): Articles on obligations and contracts, ensuring truthful declarations.
Notarial Rules: Mandating proper execution to make it admissible in court or administrative proceedings.
NTC Memoranda: Guidelines on SIM replacement, emphasizing verification.
Perjury Laws: Deterrent against false affidavits.

In rare cases, if the lost SIM leads to fraud, the affidavit can serve as evidence in legal actions under cybercrime laws (RA 10175).

Conclusion

Creating an Affidavit of Loss for a SIM card is a straightforward yet crucial process in the Philippines, blending legal formality with practical necessity. By following the steps outlined, you can efficiently replace your SIM and resume normal use. Remember, while this guide is comprehensive, procedures may evolve, so check with your telco for the latest requirements. If complications arise, seek advice from legal aid organizations like the Integrated Bar of the Philippines or Public Attorney's Office.

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