The enactment of Republic Act No. 11934, otherwise known as the SIM Registration Act, has fundamentally changed the legal landscape for mobile subscribers in the Philippines. While the law primarily focuses on the mandatory registration of SIM cards to curb electronic communication-aided crimes, it also establishes strict protocols for the recovery and replacement of lost or stolen SIM cards.
Under this legal framework, a SIM card is no longer a mere disposable commodity but a legally registered identity linked to a specific individual. Consequently, the process for replacement is governed by specific security requirements and timelines.
1. The Immediate Duty to Report
Pursuant to the Implementing Rules and Regulations (IRR) of R.A. 11934, the subscriber has a positive legal obligation to report the loss or theft of a SIM card.
- Timeline: The loss must be reported to the Public Telecommunications Entity (PTE)—such as Globe, Smart, or DITO—within twenty-four (24) hours from the discovery of the loss.
- Purpose: Immediate reporting is crucial to "freeze" the account, preventing unauthorized use. Under the law, the registered subscriber may be held dynamic or civilly liable for crimes committed using their SIM card if they fail to report the loss.
2. Essential Documentary Requirements
To recover a mobile number and obtain a replacement SIM, the PTEs require specific documentation to verify the identity of the claimant and the validity of the loss.
Affidavit of Loss: A notarized document stating the circumstances of the loss. This serves as the primary legal evidence that the subscriber is no longer in possession of the SIM.
Valid Government-Issued ID: The subscriber must present at least one (1) valid photo ID. Ideally, this should be the same ID used during the initial SIM registration. Accepted IDs include:
Passport
Philippine Identification (PhilID)
Driver’s License
UMID / SSS / GSIS ID
Voter’s ID
SIM Bed or PUK Code (Optional but Recommended): While not always mandatory if the ID matches the database, providing the original SIM bed or the PUK (Personal Unlocking Key) code can expedite the verification process.
3. Verification Process by the PTE
Under the Act, the PTE is mandated to verify the identity of the person requesting the replacement against their existing SIM Registration Database.
- Data Matching: The PTE will compare the information in the Affidavit of Loss and the presented ID with the data submitted during the initial registration (Name, Birthday, Address, etc.).
- Biometric Verification: In some instances, PTEs may require a "liveness check" or a new photo to ensure the person requesting the replacement is the same individual in the registry.
4. Issuance of the Replacement SIM
Once the PTE has verified the identity of the subscriber and the loss of the SIM:
- The PTE is required to deactivate the lost SIM permanently.
- The PTE shall issue a new SIM card with the same mobile number to the subscriber.
- The subscriber must ensure the new SIM is activated under the existing registration details.
5. Legal Consequences of Negligence
Subscribers should be aware of the following legal implications under R.A. 11934:
- Liability for Misuse: If a lost SIM is used in a scam or a fraudulent activity and the subscriber failed to report the loss within the 24-hour window, the subscriber may face investigation as the presumed user of the SIM.
- False Reporting: Filing a fraudulent Affidavit of Loss to "hijack" someone else's SIM number is a criminal offense, punishable by imprisonment and/or significant fines under the Revised Penal Code (Perjury) and the SIM Registration Act’s provisions on fraudulent registration.
Summary Table: Step-by-Step Recovery
| Step | Action | Responsibility |
|---|---|---|
| 1 | Call the PTE Hotline immediately to block the SIM. | Subscriber |
| 2 | Execute a notarized Affidavit of Loss. | Subscriber / Notary Public |
| 3 | Visit the nearest PTE Business Center with a Valid ID. | Subscriber |
| 4 | Verification of identity against the SIM Registry. | PTE (Service Provider) |
| 5 | Issuance of replacement SIM with the same number. | PTE (Service Provider) |