MOBILE NUMBER RETENTION RIGHT AFTER DEACTIVATION
Philippine Legal & Regulatory Perspective
1. Background
Mobile numbers in the Philippines are a finite public resource assigned to public telecommunications entities (PTEs), not owned by subscribers but enjoyed under a “right of use” so long as regulatory conditions and a subscriber agreement are met. Historically, when an account lapsed—whether prepaid (for non-use) or post-paid (for non-payment)—the number returned to the operator’s “quarantine” pool and could eventually be reassigned. Consumers had no practical way to keep a beloved number once it disappeared.
Three main policy moves reshaped that reality:
| Timeline | Key Instrument | Core Impact on Retention |
|---|---|---|
| 2007–2013 | NTC Memorandum Circulars on Pre-paid Load Expiry (e.g., MC 03-07-2007, 05-02-2007) | Standardised minimum activity/expiry periods and forced operators to notify users before disconnection. |
| March 8 2019 | Republic Act No. 11202 – Mobile Number Portability Act (MNPA) | Guaranteed the right to keep one’s number for life, even when switching providers or service types, and created the framework for post-deactivation reclamation. |
| 2021–2023 | Implementing Rules & Joint Administrative Orders (NTC MC 01-06-2021; JAO 01-2022) + RA 11934 (SIM Registration Act) | Operationalised “number portability after reactivation,” aligned it with SIM re-registration duties, imposed strict timelines for both PTEs and the central clearing house. |
2. Legal Sources & Their Key Provisions
| Instrument | Section(s) | What it says about a Deactivated Number |
|---|---|---|
| RA 11202 | §§ 4–6 & 9 | “Mobile subscribers shall have the right to retain their mobile number at no cost upon expiration or termination of a service contract…” → Retention right survives deactivation provided the user applies for reactivation or porting within the regulatory window. |
| IRR of RA 11202 (NTC MC 01-06-2021) | Rule 5.2 & 7.1 | • 60-day grace period from date of automatic deactivation (pre-paid) or final bill date (post-paid) to file a port-back or reconnect request. • Operator must retain the number in a “quarantine” status and block reassignment while the grace period runs. |
| NTC Memorandum Circular 03-06-2005 (Numbering Plan) | ¶ 7 | Requires PTEs to observe a 90-day quarantine (extendable) after any disconnection before re-issuing the number, regardless of a portability claim. |
| NTC MC 05-02-2007 & 02-10-2009 (Load Expiry) | §§ 3–4 | Defines “inactive” vs. “expired,” obliges 1-week and 2-day SMS reminders, and bars disconnection earlier than the mandated 1-year-from-last-use window for higher-denomination loads. |
| RA 11934 (SIM Registration Act 2022) | § 5(b) & 8 | Makes valid SIM registration a prerequisite for any reactivation; lapsed SIMs unregistered after the deadline cannot be re-connected or ported unless re-registered under the identity rules. |
| Data Privacy Act (2012) | § 18 & IRR Rule VI | Telcos must keep deactivated numbers’ subscriber data only for the minimum period necessary to comply with MC 03-06-2005 quarantine and national security obligations, then securely dispose of or anonymise it. |
| Consumer Act & E-Commerce Act | various | Recognise subscribers’ right to clear disclosure and no hidden charges for portability or reactivation. |
3. Practical Retention Windows
| Scenario | “Dead-Air” Limit Before Loss | What the Subscriber Must Do |
|---|---|---|
| Pre-paid SIM deactivated for non-use | 60 days (RA 11202 window) but operator may extend up to 120 days per T&C | Visit telco store or app; present valid ID + SIM serial; request reactivation or temporary retention; re-register under RA 11934. |
| Post-paid contract terminated (full payment settled) | 60 days from “final bill” issuance | Same, plus settle any exit fee if contract term not yet met. |
| Request for PORTING to another network after deactivation | Apply within the same 60-day window; donor network must release number within 24 h of eligibility confirmation; recipient must activate within 1 h after receiving number. | |
| Failure to act within 60 days | Number enters “recycling pool.” Telco must keep it unused (quarantine) for another 30 days (total ~90 days) before recycling. After that, portability is lost. |
4. Operator Obligations upon Deactivation
- Advance Notice (SMS/Email/Push) At least 2 reminders—one 7 days and one 2 days prior—to warn of impending disconnection.
- Cost-Free Reactivation & Porting • No reconnection fee within the 60-day period. • No port-out fee, per § 5 RA 11202.
- Downtime SLA • Reactivation must complete within 2 h of validated request. • Port-back within 24 h (donor) + 1 h (recipient).
- Blocking of Reassignment • Number flagged “NRP Hold” in the local numbering database and central Mobile Number Portability Service Provider (MNPSP) registry.
- Data Retention & Privacy • Subscriber’s personal data retained only while necessary for compliance, security or valid law-enforcement requests.
5. Subscriber Remedies
| Circumstance | Administrative | Civil | Criminal |
|---|---|---|---|
| Telco reassigned your number inside the 60-day window or charged fees for reactivation. | Complaint before NTC (Regulation Branch) → ₱200k/day fine; possible suspension of assignment certificate. | Claim damages in trial court for breached service contract / quasi-delict. | RA 7394 (Consumer Act) deceptive practice → up to ₱300k fine and/or 1-year imprisonment of responsible officers. |
| Telco refuses porting after eligibility confirmed. | NTC may direct immediate port, impose fine, or revoke porting clearance. | Same civil remedies. | Under RA 11202 § 10, officers may face up to ₱1 million fine and/or 2-year imprisonment. |
| Personal data misuse during or after deactivation. | File with NPC; telco liable for up to ₱5 million fine per act. | Independent civil action under Data Privacy Act. | Criminal penalties for processing without lawful basis. |
6. Interplay with SIM Registration Act (2022-present)
- Dead SIMs: Any SIM—pre-paid or post-paid—not registered by the nationwide deadline (April 26 2023, extended to July 25 2023) was auto-deactivated.
- Re-registration: RA 11934 § 15 allowed a 5-day window for subscribers who missed the deadline to plead for reactivation of the same number, provided a complete registration is filed.
- Retention vs. Registration: Portability or retention cannot proceed unless the SIM is (re-)registered; otherwise, the number stays unusable and lapses into operator reclamation.
7. Corporate Number Blocks
Enterprises that own corporate post-paid pools enjoy a 6-month retention privilege after termination of a mobile fleet agreement (NTC MC 02-08-2010). The company may transfer individual numbers to employees or to another telco within that half-year without losing them.
8. Case Law & NTC Adjudications
| Decision | Gist |
|---|---|
| Globe Telecom v. NTC (NTC Case 2009-231, Oct 2010) | NTC sustained a ₱200k fine where Globe reassigned numbers to new users only 45 days after prepaid expiry, breaching the 90-day quarantine. |
| Smart Communications, Inc. v. Castillo (CA-G.R. SP 130999, 2015) | Court of Appeals held that failure to give double notice before SIM deactivation violated both telco’s service contract and the Consumer Act; moral damages awarded. |
| DITO Telecommunity Show-Cause (NTC SC 2022-004) | NTC admonished DITO for imposing a ₱150 reactivation fee on lapsed SIMs; fee ordered refunded, confirming the “no-charge” rule. |
9. Comparative Regional View
While Singapore and Malaysia cap quarantine at 45 days and Thailand at 90 days, the Philippines’ two-tier 60-day grace + 30-day quarantine is comparatively generous, reflecting the legislature’s pro-consumer stance.
10. Compliance Checklist for Consumers
- Keep proof of ownership (SIM packet, account number, valid ID).
- Track activity dates—send at least one SMS or load top-up every 180 days for prepaid.
- Set calendar alerts: 50th and 55th days post-deactivation to act before the 60-day window lapses.
- Register or update SIM data immediately if any personal details change.
- Document telco interactions (screenshot reactivation/porting reference numbers).
11. Telco Best-Practice Summary
| Stage | Required System Flag | Max Processing Time | Fee Permitted? |
|---|---|---|---|
| Deactivation triggered | “Inactive – Grace” | Immediate | None |
| Validation of reactivation request | “NRP Hold” in local & MNPSP DB | 2 hours | None |
| Port-out authorisation | “Pending PORT” | 24 hours (donor) / 1 hour (recipient) | None |
| Post-window recycling | “Quarantine” | 30 days | N/A |
12. Future-Proofing & Emerging Issues
- eSIMs & IoT Lines: The NTC’s draft 2024 eSIM Circular proposes a 30-day post-deactivation grace period for embedded SIM profiles, shorter than physical SIMs due to “no physical card” logistics.
- Number Exhaustion: With 09xx and 08xx blocks nearing saturation, the 3-year recycling limit in RA 7925 is under review; proposals extend to 5 years to protect consumer retention rights.
- Cross-border Roaming MNP: ASEAN working group exploring whether a Filipino deactivated number could be “parked” abroad then reclaimed locally; no binding rule yet.
CONCLUSION
Under today’s rules, a Philippine mobile number can be yours for life—but only if you exercise your statutory rights within 60 days of deactivation (or 5 days if you missed SIM registration). The combined effect of RA 11202, its Implementing Rules, old NTC quarantine rules, and the SIM Registration Act secures a consumer-friendly pathway: free reactivation, free porting, robust notice, and stiff penalties for errant operators. Those who fail to act within the window, however, surrender the number to the recycling pool, after which no legal remedy exists to claw it back once reassigned. Vigilance, timely action, and awareness of the timelines remain the subscriber’s best safeguards.