Online Notarization in the Philippines: Affidavit of Loss for SIM Cards (2025 Guide)

Introduction

In an increasingly digital world, the loss of a SIM card can disrupt communication, access to mobile banking, and essential services. In the Philippines, replacing a lost SIM card typically requires an Affidavit of Loss, a sworn legal document attesting to the circumstances of the loss. Traditionally, this affidavit must be notarized in person by a licensed notary public. However, with advancements in technology and legal reforms, online notarization has become a viable, convenient alternative.

This 2025 guide provides a comprehensive overview of online notarization for Affidavits of Loss specifically related to SIM cards in the Philippine context. It covers the legal framework, requirements, procedures, costs, validity, potential challenges, and best practices. As digital processes evolve, online notarization streamlines what was once a time-consuming task, especially for Filipinos abroad (Overseas Filipino Workers or OFWs) or those in remote areas. Note that while this guide is based on established Philippine laws and practices as of 2025, always consult a licensed notary or legal professional for personalized advice, as rules may be updated by the Supreme Court or relevant agencies.

What is an Affidavit of Loss for SIM Cards?

An Affidavit of Loss is a formal, sworn statement under oath declaring that a specific item—in this case, a SIM card—has been lost, misplaced, or stolen. It serves as a legal safeguard to prevent fraudulent use of the lost SIM and is a prerequisite for obtaining a replacement from telecommunication companies (telcos) like Globe Telecom, Smart Communications (PLDT), or DITO Telecommunity.

Key Purposes in the Philippine Context:

Replacement Process: Telcos require this document to issue a new SIM with the same number, ensuring the old one is deactivated.
Liability Protection: It absolves the owner from responsibility for any unauthorized transactions or calls made after the loss.
Compliance with Regulations: Under Republic Act No. 11202 (Mobile Number Portability Act) and guidelines from the National Telecommunications Commission (NTC), telcos must verify identity and loss claims to combat fraud.
Common Scenarios: Loss due to theft, accidental damage, or natural disasters (e.g., typhoons common in the Philippines).

The affidavit typically includes:

Personal details of the affiant (e.g., name, address, contact info).
Description of the SIM card (e.g., mobile number, provider, date of purchase/activation).
Circumstances of the loss (date, time, location, how it occurred).
Declaration of no fraudulent intent.
Oath or affirmation clause.

Without notarization, the affidavit lacks legal weight and may be rejected by telcos or courts if disputes arise.

Legal Basis for Online Notarization in the Philippines

Online notarization, also known as electronic or remote notarization, is governed by Philippine laws emphasizing digital transformation under Republic Act No. 11032 (Ease of Doing Business Act) and Republic Act No. 8792 (Electronic Commerce Act of 2000). For notarial acts specifically:

Key Laws and Rules:

2004 Rules on Notarial Practice (A.M. No. 02-8-13-SC): The foundational framework for notarization, requiring personal appearance, competent evidence of identity, and jurat/acknowledgment.
2020 Interim Rules on Remote Notarization of Paper Documents: Issued by the Supreme Court during the COVID-19 pandemic to allow video conferencing for notarial acts, addressing mobility restrictions.
Rules on Electronic Notarization (A.M. No. 22-09-02-SC, effective 2023): This permanent rule set formalizes fully electronic notarization, including digital signatures, electronic documents, and remote online notarization (RON). It integrates with the Philippine Identification System (PhilSys) under Republic Act No. 11055 for identity verification.
NTC and DICT Guidelines: The Department of Information and Communications Technology (DICT) and NTC support digital processes for telecom-related documents, ensuring online-notarized affidavits are acceptable for SIM replacements.
International Alignment: Draws from global standards like the U.S. Model Notary Act but adapted to Philippine civil law traditions.

Under these rules, online notarization is valid nationwide, including for affidavits used in administrative processes like SIM replacement. Notaries must be commissioned by the Executive Judge of the Regional Trial Court and registered with the Supreme Court's Office of the Court Administrator (OCA) for electronic notarization.

Validity Requirements:

The notary must use a secure platform with end-to-end encryption (e.g., approved video tools like Zoom with security features or dedicated platforms like NotarizePH).
Electronic signatures must comply with the Electronic Commerce Act, using qualified electronic signatures (QES) certified by accredited providers like the Philippine National Public Key Infrastructure (PNPKI).
Documents must be in electronic form (e.g., PDF) unless hybrid (paper-electronic) is specified.

For SIM card affidavits, online notarization is particularly useful as it's a simple jurat (sworn statement), not requiring complex acknowledgments.

Requirements for Online Notarization of Affidavit of Loss

To proceed with online notarization, the affiant (person making the affidavit) and notary must meet specific criteria:

For the Affiant:

Identity Verification: Present at least two valid government-issued IDs (e.g., PhilID, passport, driver's license). For OFWs, consular IDs or overseas voter IDs suffice. Biometric verification via PhilSys may be required in 2025.
Technical Setup: Stable internet, webcam, microphone, and a device for signing (e.g., tablet for stylus signature or digital certificate).
Document Preparation: Draft the affidavit in advance (templates available from telco websites or legal sites). It must be clear, truthful, and free of alterations.
Age and Capacity: Must be of legal age (18+) and mentally competent.

For the Notary:

Commission and Training: Must hold a valid notarial commission and have completed Supreme Court-mandated training on electronic notarization.
Platform and Tools: Use OCA-approved software for recording sessions, applying electronic seals, and maintaining logs.
Jurisdiction: Notaries can perform acts remotely across provinces, but the affiant's location must be noted.

General Requirements:

Secure Connection: Session must be recorded and stored for at least 10 years (per notarial rules).
No Conflicts: Notary cannot be related to the affiant or have interest in the matter.
Fees: Regulated by the Supreme Court; overcharging is prohibited.

Step-by-Step Guide to Online Notarization for SIM Card Affidavit of Loss

Draft the Affidavit:
- Use a standard template: "I, [Name], of legal age, residing at [Address], do hereby declare under oath that I lost my SIM card with number [Mobile Number] on [Date] at [Location] due to [Circumstances]. I have not authorized any use and request deactivation/replacement."
- Sign it electronically if possible.
Find a Licensed Online Notary:
- Search via the Supreme Court's notary locator or platforms like LegalZoom PH, NotaryCam, or local bar associations.
- Verify the notary's commission status on the OCA website.
Schedule the Session:
- Book an online appointment. Provide the draft affidavit and IDs in advance.
Attend the Video Conference:
- Join via the secure link. The notary verifies identity, reviews the document, and administers the oath verbally.
- Affiant affirms the contents and signs electronically (e.g., via DocuSign integration).
Notarization and Issuance:
- Notary applies electronic seal and signature. The document is timestamped and serialized.
- Receive the e-notarized PDF via email, often with a unique QR code for verification.
Submit to Telco:
- Visit a telco branch or use their online portal (e.g., Globe's MyAccount app) with the e-affidavit, IDs, and proof of ownership (e.g., billing statements).
- Pay replacement fee (typically PHP 50–200).

The entire process can take 30–60 minutes online, versus days for in-person.

Costs Involved

Notarial Fee: PHP 100–500, depending on complexity (Supreme Court caps at PHP 2% of document value, but affidavits are flat-rate).
Platform Fees: PHP 200–1,000 for the online service.
SIM Replacement: Varies by telco (e.g., Smart: PHP 100; Globe: PHP 40–150).
Additional: Internet/data costs; printing if hybrid document needed.

No VAT on notarial fees, but platforms may charge service tax.

Validity and Acceptance by Telcos

Online-notarized affidavits are legally equivalent to traditional ones under Philippine law. Telcos, regulated by NTC, must accept them if properly executed. In practice:

Major providers confirm acceptance via their FAQs.
For disputes, the affidavit can be used in court (e.g., under Rules of Court for evidence).
Electronic copies are admissible per the Electronic Commerce Act.

However, some rural branches may prefer physical copies; always confirm with the telco.

Potential Challenges and Tips

Challenges:

Technical Issues: Poor internet in provinces like Mindanao.
Fraud Risks: Ensure platforms are secure to avoid identity theft.
Regulatory Updates: 2025 may see integrations with Blockchain for tamper-proof documents via DICT initiatives.
OFW-Specific: Time zone differences; use notaries with flexible hours.

Tips:

Back up the e-document and verify the notary's digital certificate.
Report loss to telco immediately via hotline to freeze the SIM.
If stolen, file a police report (Blotter) to strengthen the affidavit.
Use free templates from NTC or telco sites to avoid errors.
For multiple SIMs (e.g., postpaid lines), one affidavit may cover all if specified.

Conclusion

Online notarization revolutionizes access to legal services in the Philippines, making Affidavits of Loss for SIM cards faster and more accessible. By 2025, with full implementation of electronic rules, this process supports the government's digital agenda, benefiting millions reliant on mobile connectivity. Remember, while convenient, accuracy and honesty are paramount—false affidavits can lead to perjury charges under the Revised Penal Code. For the latest, check Supreme Court issuances or consult a lawyer. Stay connected, stay secure.