I. Overview

A “replacement SIM with the same number” refers to the process by which a Smart subscriber (prepaid or postpaid) obtains a new physical SIM (or re-provisioned eSIM) that retains the existing mobile number, typically after the original SIM is lost, stolen, damaged, defective, or deactivated due to security controls. In the Philippines, this process is not merely a commercial service—it is strongly shaped by identity verification, data privacy duties, and the SIM registration regime.

Replacement is conceptually distinct from:

New subscription (new number, new SIM);
Mobile number portability (MNP) (keeping the number while changing telco);
Change of ownership (transfer of subscriber account/rights to another person); and
Device replacement (phone swap without SIM replacement).

II. Legal and regulatory anchors (Philippine context)

A. SIM Registration Law (Republic Act No. 11934)

The SIM Registration Act requires registration of SIMs and enables telcos to implement controls to prevent fraud, scams, and identity misuse. While replacement SIM policies are set by the telco, the law’s framework influences:

verification requirements before issuing a replacement;
obligations to prevent unauthorized issuance (SIM swap fraud);
proper handling of subscriber identity and registration data; and
deactivation rules for unregistered or suspicious SIMs.

Key implication: A replacement SIM is usually treated as a continuation of the same registered subscription, not a fresh registration—but the telco may require re-verification to confirm the request is legitimate.

B. National Telecommunications Commission (NTC) rules and telco compliance

The NTC regulates telecommunications services and consumer protection. While telcos have latitude in operational procedures, they must maintain:

fair and reasonable consumer processes;
service continuity standards (especially for postpaid);
complaint handling and dispute resolution mechanisms.

C. Data Privacy Act of 2012 (Republic Act No. 10173)

Replacement SIM issuance requires processing personal data (identity documents, selfies, signatures, account details). Under the Data Privacy Act and its implementing rules, Smart (as personal information controller) must:

collect only what is necessary (data minimization);
ensure lawful processing and transparency;
implement safeguards against unauthorized access (especially for SIM swap cases);
respond to requests involving personal data in accordance with privacy rights.

Key implication: Smart may lawfully demand proof of identity to protect the subscriber, and it must protect the submitted documents from misuse.

D. Cybercrime and fraud considerations

Unauthorized SIM replacement (“SIM swap”) is commonly associated with:

account takeover,
OTP interception,
bank/e-wallet theft.

Criminal laws potentially implicated by SIM swap events can include cybercrime-related offenses, identity-related fraud, and illegal access/attempts depending on the act. These risks justify strict verification measures that are legally defensible as security controls.

III. Subscriber rights and telco duties: the legal relationship

A Smart subscriber relationship is a contract for service (postpaid plan contract or prepaid service terms). As a matter of consumer fairness and regulatory expectations, a replacement SIM process should be:

available when the subscriber can establish identity/ownership;
reasonably prompt (with delays justified by verification needs, stock constraints, or fraud flags);
secure to prevent unauthorized issuance; and
supported by an effective complaints and escalation pathway.

However, the subscriber’s right to keep the same number is not absolute in all scenarios; it depends on:

whether the number is still recoverable (not permanently disconnected and re-assigned),
compliance with registration policies,
account status (e.g., unpaid postpaid, fraudulent activity flags, court/law enforcement holds, or system constraints).

IV. Replacement SIM vs. number recovery: key distinctions

A. Replacement SIM (same number; SIM is replaced)

The number remains active or is reactivated upon verification.
Typically used for lost, stolen, damaged SIM, or SIM malfunction.
Requires proof that the requestor is the rightful subscriber.

B. Number recovery after deactivation/expiration (prepaid)

Prepaid numbers can become inactive or permanently disconnected if:

the SIM is deactivated under policies,
the SIM was unregistered (under the SIM Registration regime),
validity periods lapse (commercial policy),
the number is reclaimed and potentially re-issued.

Legal implication: Once a number is permanently disconnected and recycled, the telco may not be able—or may not be allowed—to restore it to the previous user because it can affect third-party rights and system allocation integrity.

V. Smart subscriber types: prepaid and postpaid differences

A. Postpaid

Usually tied to an account with billing records and subscriber profile.
Replacement may be easier if account identity is well-established.
Unpaid balances may lead to holds or restrictions, but identity verification remains central.

B. Prepaid

Historically less documented, but the SIM Registration regime makes identity linkage more structured.
Replacement depends heavily on successful identity matching against registered data.
If the SIM was never properly registered or registration data does not match, replacement can be denied for security and compliance reasons.

VI. Ownership and authority: who may request a replacement

A. The registered subscriber

The primary rule is that the person whose identity is on record as the registered SIM user (or the postpaid account holder) is the proper requestor.

B. Authorized representative

Smart may allow a representative if the subscriber cannot appear, but this typically requires:

authorization letter / special power of attorney,
IDs of both parties,
strict matching rules,
additional verification steps.

Because SIM replacement is high-risk for fraud, telcos often narrow representative requests, especially for prepaid.

C. Deceased subscriber (succession issues)

If the registered subscriber is deceased, replacement “with the same number” becomes legally complicated. The number is not property in the ordinary sense; it is a service identifier under a contract. Telcos may:

terminate the subscription,
require estate/next-of-kin documentation,
refuse replacement to protect privacy and prevent misuse.

Postpaid lines may be handled through account termination or transfer policies; prepaid recovery may be highly restricted.

VII. Identity verification: what is “legally justified” to require

Because SIM replacement can enable financial theft, telcos are expected to use strong verification. Legally and practically, Smart can require:

Government-issued ID (to match registration/account data)
Biometric/selfie verification (where used by the telco as a security measure)
Account credentials (postpaid account details, recent load/top-up history for prepaid)
SIM bed / SIM packaging (if available) or proof of purchase (not always required, but helpful)
Affidavit of Loss (commonly requested for lost/stolen cases, especially when fraud risk is elevated)

Affidavit of Loss: legal role

An affidavit of loss is a sworn statement describing:

what was lost (SIM),
circumstances of loss,
the number/identity details,
and a commitment that the request is bona fide.

It is not conclusive proof of ownership but provides a formal basis and deterrent against false claims.

VIII. SIM swap fraud: the legal risk Smart must manage

Unauthorized replacements can expose Smart to:

consumer complaints,
regulatory scrutiny,
civil liability arguments (negligence in security),
reputational harm.

For the subscriber, SIM swap fraud can cause:

unauthorized e-wallet/bank access,
loss of accounts tied to OTP,
identity theft.

Regulatory and privacy implications: Smart must implement reasonable organizational, physical, and technical security measures. If a SIM swap occurs due to weak controls, affected subscribers may invoke privacy rights and consumer protection pathways.

IX. Data privacy considerations during replacement

When submitting IDs, selfies, signatures, or personal details:

A. Lawful processing and transparency

Smart should provide notice explaining:

what data it collects,
why it is needed (verification/security),
how long it will retain it,
who it may share it with (if any),
and how the subscriber can exercise rights.

B. Data minimization

Only data necessary for verification should be collected. Over-collection (e.g., requiring unrelated documents) can be questioned.

C. Security safeguards

Smart must protect submitted identity documents from breaches and unauthorized employee access.

D. Subscriber rights

Subscribers generally have rights to be informed, to access and correct personal data, and to complain to the National Privacy Commission if privacy obligations are violated.

X. eSIM considerations (if applicable to the subscriber)

If the subscriber uses eSIM-capable service:

“Replacement” may involve re-issuing an eSIM QR code/profile.
Identity verification may be even stricter due to remote provisioning risks.
Device change and profile re-download controls may apply.

Legally, the same principles apply: verification, fraud prevention, and privacy compliance.

XI. Number continuity and service interruption

A. Temporary deactivation and reactivation

Upon loss/theft report, Smart may:

suspend the SIM to prevent misuse,
then reactivate the number on the replacement SIM after verification.

This is aligned with a duty to protect the subscriber from fraud.

B. Time sensitivity and “recoverability”

Prepaid numbers may be lost if:

too much time passes and the number is disconnected and recycled,
the subscriber cannot satisfy identity verification,
the SIM was not properly registered or records mismatch.

XII. Common dispute scenarios and their legal framing

Scenario 1: Smart denies replacement due to failed identity match

Issue: Subscriber cannot meet verification or data mismatch exists. Legal framing: Security and SIM registration compliance may justify denial. Practical remedy: Correct registration data where allowed; present stronger identity linkage evidence; pursue escalation through formal complaint channels if denial appears arbitrary.

Scenario 2: Replacement issued to an impostor (SIM swap)

Issue: Subscriber loses access; fraud occurs. Legal framing: Potential negligence in verification, privacy/security obligations, and consumer protection concerns. Immediate steps: Request line suspension, document timeline, secure financial accounts, preserve messages/emails, and file relevant reports. Liability will depend on facts and whether Smart followed reasonable controls.

Scenario 3: Number already reassigned

Issue: Subscriber seeks same number after long inactivity; number is now with someone else. Legal framing: Telco has allocation discretion; third-party reliance and number management systems make recovery unlikely. Outcome: Same-number replacement usually not feasible.

Scenario 4: Subscriber is abroad

Issue: Remote replacement requests increase fraud risk. Legal framing: Telco may impose stricter requirements or require in-person processing or embassy-consular documentation due to risk. This is generally defensible.

XIII. Consumer protection and complaint escalation (Philippine pathways)

When a subscriber believes Smart’s handling is unreasonable:

Document everything: date/time, reference numbers, store/agent, emails, SMS.
Use formal support channels to create a trackable case.
Escalate to supervisory/manager review if front-line denial persists.
Regulatory complaint may be pursued where appropriate, especially for:
- failure to restore service after proper verification,
- mishandling of personal data,
- security failures enabling SIM swap.

The strongest complaints are evidence-driven: clear proof of identity, consistent records, and a timeline showing compliance with requirements.

XIV. Best practices for subscribers (legal-risk aware)

Keep SIM registration details accurate
- Ensure the name and birthday match your government ID.
Retain proof of number linkage
- Keep a record of your number, account details, and screenshots of settings showing the number.
Harden accounts tied to OTP
- Use app-based authenticators where possible; set SIM PIN; strengthen email recovery.
Act fast upon loss/theft
- Immediate suspension reduces fraudulent use and strengthens your claim that you acted diligently.
Maintain consistency across records
- If your telco name differs from your ID due to typographical errors, correct it proactively.

XV. Key takeaways

A same-number replacement SIM in the Philippines is a security-sensitive process governed by the SIM Registration regime, consumer fairness expectations, and data privacy duties.
Smart is legally justified in requiring robust identity verification, and subscribers should expect stricter checks than before.
The main legal friction points are ownership verification, privacy/security safeguards, and recoverability of the number (especially for prepaid).
Disputes are resolved by evidence: the more your identity and ownership trail matches Smart’s records, the smoother the replacement process becomes.