Introduction

In the Philippines, losing a SIM card can disrupt communication and access to essential services, especially given the widespread use of mobile phones for banking, government transactions, and daily interactions. To replace a lost SIM card, telecommunication companies such as Globe Telecom, Smart Communications, or TM (Touch Mobile) typically require an Affidavit of Loss. This document serves as a formal declaration under oath that the SIM card has been lost, misplaced, or stolen, and it helps prevent fraudulent use while facilitating the issuance of a replacement SIM.

An Affidavit of Loss is a legal instrument governed by Philippine laws, particularly under the Rules of Court and the Notarial Law (Republic Act No. 8792, as amended). It is a sworn statement that must be executed before a notary public to attain legal validity. This article provides a comprehensive guide on preparing such an affidavit specifically for a lost SIM card, including its purpose, legal requirements, step-by-step preparation, sample format, and related considerations within the Philippine context.

Purpose and Legal Significance

The primary purpose of an Affidavit of Loss for a SIM card is to notify the service provider of the loss and request a replacement while retaining the same mobile number, if possible. Under Republic Act No. 11202, the Mobile Number Portability Act, Filipinos can retain their numbers even when switching providers, but a lost SIM still necessitates formal documentation to avoid liability for unauthorized usage.

Legally, the affidavit protects the affiant (the person making the statement) from potential misuse of the lost SIM, such as in scams, unauthorized transactions, or criminal activities. It also complies with the Data Privacy Act of 2012 (Republic Act No. 10173), as telecom companies must verify identity to safeguard personal data. Failure to provide this affidavit may result in denial of replacement services, and in cases of theft, it can support police reports under the Revised Penal Code (Act No. 3815) for theft or qualified theft.

In broader legal terms, affidavits are admissible as evidence in court under Rule 132 of the Rules of Court, though for SIM replacement, they are primarily administrative. The document must be truthful, as false statements 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.

Requirements for Validity

For an Affidavit of Loss to be accepted by Philippine telecom providers, it must meet specific criteria:

Sworn Statement: The affidavit must be subscribed and sworn to before a notary public, who will affix their seal and signature.
Personal Appearance: The affiant must personally appear before the notary, presenting valid identification (e.g., Philippine passport, driver's license, SSS ID, or Voter's ID) as required by the 2004 Rules on Notarial Practice.
Content Accuracy: It should include factual details without speculation. Exaggerations or falsehoods can invalidate the document.
Language: Typically written in English or Filipino (Tagalog), but must be understandable to the affiant. If in a regional dialect, a translation may be needed.
Notarization Fee: Notaries charge a fee, usually ranging from PHP 100 to PHP 500, depending on location and complexity.
Additional Documents: Telecom companies may require supporting papers, such as a police report (blotter) if the SIM was stolen, proof of ownership (e.g., original purchase receipt or billing statement), and two valid IDs.

Note that under the Ease of Doing Business Act (Republic Act No. 11032), government agencies and private entities like telecoms must streamline processes, but affidavits remain a standard requirement for accountability.

Step-by-Step Guide to Preparation

Preparing an Affidavit of Loss involves drafting, verification, and submission. Here's a detailed process:

Step 1: Gather Necessary Information

Personal details: Full name, age, civil status, address, and contact information.
SIM details: Mobile number, service provider (e.g., Globe, Smart), date of purchase or activation, and any associated account details.
Circumstances of loss: Date, time, place, and how the loss occurred (e.g., misplaced in a public place, stolen during a commute).
Purpose: State that the affidavit is for SIM replacement.

Step 2: Draft the Affidavit

Use a standard format. The document should be typed or handwritten clearly on legal-sized paper (8.5 x 13 inches) or A4, with 1-inch margins. Include the following sections:

Heading: "Republic of the Philippines" followed by the city/municipality and province.
Title: "Affidavit of Loss".
Body: Narrative in first person, detailing the facts.
Jurat: The notary's certification.

Avoid legal jargon unless necessary; keep it straightforward.

Step 3: Review and Edit

Ensure the draft is error-free. Have a lawyer or trusted advisor review it if possible, though not mandatory for simple affidavits.

Step 4: Notarization

Visit a notary public (found in law offices, courts, or malls).
Sign in their presence after swearing to the truthfulness.
Pay the fee and obtain copies (original for submission, photocopies for records).

Step 5: Submission to Telecom Provider

Go to the nearest service center or branch of your provider.
Present the notarized affidavit along with other requirements.
Pay any replacement fees (e.g., PHP 40-100 for a new SIM).
Wait for activation, which may take 24-48 hours.

If the SIM is postpaid, additional verification like account statements may be needed. For prepaid, the process is simpler but still requires the affidavit.

Sample Affidavit Format

Below is a template based on common Philippine legal practices. Customize it with actual details.

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

AFFIDAVIT OF LOSS

I, [Full Name], of legal age, [civil status], Filipino, 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 [Service Provider, e.g., Globe Telecom, Inc.].
On or about [Date of Loss], at approximately [Time], while I was at [Place of Loss], the said SIM card was [lost/misplaced/stolen] under the following circumstances: [Brief description, e.g., "I accidentally left my phone in a jeepney, and upon realizing, it was gone."].
Despite diligent search and efforts, I have not been able to recover the said SIM card.
I am executing this Affidavit of Loss to attest to the truth of the foregoing facts and for the purpose of applying for a replacement SIM card with the same mobile number from [Service Provider].
I further declare that I shall hold [Service Provider] 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.

[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. XXXXX issued on Date at Place].

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

Common Mistakes and Tips

Incomplete Details: Omitting the circumstances of loss can lead to rejection. Be specific but concise.
Not Notarizing: A non-notarized document is invalid.
False Information: This can result in legal penalties.
Tips: Keep a digital copy; report the loss immediately to the provider via hotline (e.g., Globe: 211, Smart: *888) to suspend the line. If stolen, file a police blotter first.
For Minors: If the affiant is under 18, a parent or guardian must co-sign.
Online Options: Some providers allow digital submissions, but notarization is still required.

Related Legal Considerations

In cases involving data breaches or identity theft post-loss, refer to the Cybercrime Prevention Act (Republic Act No. 10175). For corporate-owned SIMs, additional company authorization may be needed. During disasters (e.g., typhoons), telecoms may waive some requirements under Bayanihan Acts.

This affidavit process aligns with Philippine emphasis on documentation for accountability, ensuring that SIM replacements do not facilitate illegal activities like those under the Anti-Terrorism Act of 2020.

In summary, preparing an Affidavit of Loss for a SIM card is a straightforward yet crucial step in the Philippines, blending legal formality with practical necessity to restore mobile services securely. Always consult a legal professional for complex cases.