Here’s a complete legal-style article on How to Make an Affidavit of Loss for a SIM Card in the Philippines, covering every relevant detail in the Philippine context.
How to Make an Affidavit of Loss for a SIM Card in the Philippines
I. Introduction
In the Philippines, a SIM card is more than just a device for making calls or sending text messages—it often serves as a personal identifier for banking transactions, government services, and digital accounts. Losing a SIM card can create not only inconvenience but also security risks. One of the primary requirements of telecommunication companies (telcos) for SIM replacement in such cases is an Affidavit of Loss.
This article provides a comprehensive legal guide to preparing, executing, and using an Affidavit of Loss for a SIM card in the Philippines.
II. What Is an Affidavit of Loss?
An Affidavit of Loss is a written, sworn statement made before a person authorized to administer oaths (usually a Notary Public) declaring that a specific item—in this case, a SIM card—has been lost, and explaining the circumstances of such loss. It serves as formal proof of loss and protects both the subscriber and the service provider from fraudulent replacement requests.
III. When Is It Needed?
You will typically need an Affidavit of Loss for a SIM card when:
- You have lost your SIM card and want to request a replacement from your telco.
- Your SIM card was stolen, and you need to deactivate it immediately for security purposes.
- The telco requires a sworn statement before processing the replacement (common for postpaid accounts, corporate accounts, or accounts linked to financial transactions).
IV. Legal Basis in the Philippine Context
While there is no specific statute dedicated solely to SIM card loss affidavits, the requirement is rooted in:
- Rules on Affidavits under the Rules of Court (Rule 132, Sec. 20 – Affidavits as evidence)
- Notarial Practice Rules (2004 Rules on Notarial Practice)
- Telcos’ internal policies for identity verification and fraud prevention
Additionally, under the SIM Registration Act (RA 11934), all SIMs must be registered, making proof of ownership and loss more critical when requesting a replacement.
V. Contents of an Affidavit of Loss for a SIM Card
A well-drafted Affidavit of Loss should contain:
- Title – “Affidavit of Loss”
- Affiant’s Personal Information – Full name, age, civil status, nationality, address
- SIM Card Details – Mobile number, network provider, account type (prepaid/postpaid), any unique SIM serial number (if known)
- Circumstances of the Loss – When, where, and how the SIM was lost (theft, misplacement, damage beyond recovery)
- Declaration of Efforts – Statement that you exerted efforts to locate it but were unsuccessful
- Purpose – Usually “for SIM replacement” or “for record and legal purposes”
- Oath Clause – Statement that the affidavit is executed voluntarily and is true
- Signature of the Affiant
- Notary Public’s Jurat – The notarial section certifying oath-taking
VI. Step-by-Step Process to Make an Affidavit of Loss
1. Gather Personal and SIM Details
Prepare the following:
- Valid government-issued ID
- Mobile number and provider (Globe, Smart, DITO, etc.)
- Account type (postpaid/prepaid)
- Any relevant account information (billing account number for postpaid, registration info for prepaid)
2. Draft the Affidavit
You can prepare it yourself or have it drafted by a lawyer. Many law offices and online legal form providers have templates, but you must customize the details.
Sample Format:
Republic of the Philippines)
City of _____________ ) S.S.
AFFIDAVIT OF LOSS
I, [Full Name], of legal age, [civil status], Filipino, and a resident of [address], after having been duly sworn in accordance with law, depose and state:
1. That I am the registered owner of the SIM card with mobile number [___________] issued by [Network Provider];
2. That on or about [date], I discovered that the said SIM card was lost due to [brief explanation of circumstances];
3. That despite diligent efforts to locate said SIM card, I have been unable to recover it;
4. That I am executing this affidavit to attest to the truth of the foregoing and to request the replacement of the said SIM card.
IN WITNESS WHEREOF, I have hereunto set my hand this [date] at [place], Philippines.
_____________________
[Name & Signature of Affiant]
SUBSCRIBED AND SWORN to before me this [date] at [place], affiant exhibiting to me his/her [ID type & number].
_____________________
Notary Public
3. Have It Notarized
Bring the draft affidavit and your ID to a Notary Public. Notarization fees usually range from ₱150 to ₱500, depending on the complexity and location.
4. Submit to Your Telco
Submit the notarized affidavit along with your valid ID to your telco’s customer service center. Some telcos accept scanned or emailed copies, but most still require original notarized copies.
VII. Important Legal & Practical Tips
- Be truthful – Falsifying an affidavit is punishable under the Revised Penal Code for perjury.
- Secure multiple copies – Keep one for your records and provide one to your telco.
- Act promptly – The longer you delay, the higher the risk of SIM misuse.
- Check telco requirements – Some require an Incident Report from the police if theft is involved.
- For corporate SIMs – The affidavit must be executed by the authorized company representative.
VIII. Common Questions
Q: Do I need a police report? Not always. Only if the SIM was stolen or linked to fraudulent activity.
Q: Can I make the affidavit myself? Yes, but it must still be notarized to have legal effect.
Q: Can I use the affidavit for other IDs or accounts linked to the SIM? Yes, but only if the receiving institution accepts it as valid proof of loss.
IX. Conclusion
An Affidavit of Loss for a SIM card is a straightforward but essential legal document in the Philippines, especially under the SIM Registration Act. By preparing it properly and promptly, you protect your personal information, comply with legal requirements, and speed up your SIM replacement process.
If you want, I can also prepare for you a ready-to-fill-out Philippine-specific Affidavit of Loss for SIM Card template with all the legal boilerplate and formatting so you can just insert your details and print it. That way, it’s ready for notarization without needing a lawyer’s drafting fee.