Here’s a comprehensive Philippine-context legal article on How to Make an Affidavit of Loss for a SIM Card, covering everything you need to know.
How to Make an Affidavit of Loss for a SIM Card in the Philippines
Losing your SIM card in the Philippines is not just inconvenient—it can also expose you to potential fraud, especially if your mobile number is linked to banking, e-wallets, or other accounts. Telecom providers often require an Affidavit of Loss before issuing a replacement SIM. This article explains the legal basis, purpose, format, procedure, and practical tips for preparing an affidavit of loss in the Philippine context.
1. Legal Basis
An affidavit of loss is a sworn statement made under oath before a notary public, as required under the Rules on Notarial Practice (A.M. No. 02-8-13-SC). While there is no specific statute that exclusively governs SIM card loss affidavits, telecom companies often require it as part of their internal policies for identity verification and fraud prevention.
Because the affidavit is a legal document, executing a false statement can subject the affiant to perjury under Article 183 of the Revised Penal Code.
2. Purpose of the Affidavit
For SIM card replacement, the affidavit of loss serves to:
- Officially declare that you have lost possession of your SIM card.
- State the circumstances surrounding the loss.
- Assure the telecom provider that you are the rightful owner of the number.
- Prevent unauthorized persons from claiming the SIM.
3. When Telecom Providers Require It
An affidavit of loss may be required when:
- You lost your SIM card and need a replacement.
- Your SIM card was stolen along with your phone.
- Your SIM was accidentally destroyed but cannot be surrendered.
- You are requesting a new SIM for the same number.
Note: Under the SIM Registration Act (Republic Act No. 11934), SIM cards must be registered under the subscriber’s name, so proof of identity and ownership (plus the affidavit) is mandatory for replacement.
4. Essential Contents of the Affidavit
A valid affidavit of loss for a SIM card in the Philippines should contain:
Title: “Affidavit of Loss”
Introduction of the Affiant
- Full name, age, civil status, nationality, and address.
Statement of Ownership
- The number and mobile network (e.g., Globe, Smart, DITO)
- Proof that the number is registered in your name.
Details of Loss
- Date, time, and place of loss.
- Circumstances (e.g., misplaced, stolen, damaged).
Declaration of Effort to Recover
- State any steps taken to find or recover the SIM.
Statement of Purpose
- To request the telecom provider to issue a replacement SIM.
Affiant’s Undertaking
- Assurance that the statement is true and correct.
Oath Clause
- Sworn before a notary public with date and place of notarization.
5. Sample Format of an Affidavit of Loss for SIM Card
Republic of the Philippines [City/Municipality] AFFIDAVIT OF LOSS
I, [Full Name], of legal age, [civil status], Filipino, and a resident of [address], after being duly sworn to in accordance with law, depose and state that:
- I am the owner of mobile number [SIM number], which is under the [Globe/Smart/DITO] network and duly registered under my name pursuant to R.A. No. 11934 (SIM Registration Act).
- On or about [date of loss], while at [place], I [state how you lost it—e.g., misplaced my phone containing the SIM, or it was stolen].
- Despite diligent efforts to locate the said SIM card, I was unable to find it and have concluded that it is permanently lost.
- I am executing this affidavit to attest to the truth of the foregoing facts and to request the [network provider] to issue me a replacement SIM for my personal use.
IN WITNESS WHEREOF, I have hereunto set my hand this [day] of [month, year] in [city/municipality], Philippines.
[Signature over printed name] Affiant
SUBSCRIBED AND SWORN to before me this [day] of [month, year] at [place], affiant exhibiting to me his/her competent evidence of identity, to wit: [ID type and number].
[Notary Public’s signature and seal]
6. Steps to Prepare and Process the Affidavit
Draft the Affidavit
- Use the format above or one provided by your telecom provider.
Bring Valid ID
- Government-issued ID (PhilID, passport, driver’s license, UMID, etc.).
Visit a Notary Public
- Pay the notarial fee (usually ₱100–₱300 depending on location).
Submit to Telecom Provider
- Along with valid ID and other requirements (account details, proof of purchase if available).
Replacement SIM Issuance
- Telecom may charge a minimal replacement fee (₱40–₱100).
7. Practical Tips
- Keep a copy of the affidavit for your personal records.
- If your SIM is linked to bank accounts or e-wallets, immediately secure those accounts before requesting replacement.
- Prepare two or more copies—one for the telecom company, one for yourself, and one for any other institution that might require proof of loss.
- If your SIM was stolen, consider filing a police blotter in addition to the affidavit, especially if linked to sensitive accounts.
8. Possible Legal Implications
- False Affidavits: Submitting false information may lead to criminal liability under perjury laws.
- Data Privacy Risks: Lost SIMs can be used for identity theft; immediate replacement and account security measures are essential.
- Compliance with SIM Registration Act: Since SIMs must be registered, failure to provide truthful information in the affidavit can also result in administrative sanctions.
Conclusion
In the Philippines, making an affidavit of loss for a SIM card is a straightforward process but carries legal weight. It is both a requirement by telecom companies and a safeguard against fraud. Knowing the proper format, process, and implications ensures a smooth and lawful SIM replacement.
If you want, I can also prepare a ready-to-fill affidavit of loss template in Word format that you can directly use. Would you like me to create that?