SIM Card Loss Affidavit in the Philippines A Comprehensive Legal & Practical Guide
1. Why an Affidavit of Loss Is Needed
Losing the physical SIM linked to your mobile number is more than an inconvenience:
| Risk | Consequence |
|---|---|
| Identity fraud | One-time passwords (OTPs) for banking/e-wallets can be intercepted. |
| Violation of the SIM Registration Act | Republic Act No. 11934 (2022) requires owners to immediately report loss so the telco can deactivate the SIM. |
| Contractual liability | Post-paid subscribers remain liable for usage until loss is reported. |
Telcos, banks, and government agencies therefore insist on a notarised Affidavit of Loss (SIM Card) before they block the old SIM and issue a replacement or allow you to update records.
2. Legal Foundations
| Law / Rule | Relevance |
|---|---|
| RA 11934 – SIM Registration Act (2022) | Sec. 6(b) requires the subscriber to file a sworn declaration of loss; Sec. 8 mandates immediate deactivation and free re-issuance of the same number upon verification. |
| Data Privacy Act (RA 10173) | Personal data in the affidavit must be processed with your consent and stored securely by the telco or any third party that receives it. |
| 2004 Rules on Notarial Practice | Governs form, personal appearance, ID requirements, and maximum fees (≤ ₱100 per jurat outside Metro Manila; ≤ ₱200 inside). |
| Revised Penal Code arts. 171–172 & art. 183 (amended by RA 11594) | Knowingly executing a false affidavit is falsification or perjury (up to 6 years’ imprisonment). |
| Civil Code art. 1170 | Negligence resulting in damage can create civil liability if you delay reporting the loss. |
| A.M. No. 22-03-05-SC (2023) Interim Rules on Remote Notarization | Allows electronic affidavits if personally appearing by videoconference before an e-Notary. |
| Mobile Number Portability Act (RA 11202) | Guarantees retention of the same number even if you switch networks after re-issuance. |
3. Core Elements of a Valid Affidavit
- Title – “Affidavit of Loss (SIM Card)”
- Affiant’s identity – full name, nationality, civil status, address, and two government-issued IDs.
- SIM details – mobile number, network (Globe, Smart, DITO, etc.), and—if known—the 15- to 20-digit SIM serial.
- Circumstances of loss – when, where, and how the SIM went missing (e.g., pick-pocketing, phone theft, accidental disposal).
- Immediate actions taken – attempts to locate, report to police/telco, remote wipe of handset, etc.
- Statement of ownership – declaring you are the registered subscriber and no transfer or sale occurred.
- Undertaking & indemnity – promising to hold the telco harmless if the SIM resurfaces and is used fraudulently.
- Relief sought – request to deactivate the lost SIM and replace it (or port the number) at no cost.
- Signature & jurat – signed before a notary public who completes the jurat and affixes notarial seal, book & page numbers.
4. Supporting Documents Commonly Required
| Scenario | Typical Additional Proof |
|---|---|
| Pre-paid | Screenshot/print-out of your SIM registration confirmation & a copy of the registered ID. |
| Post-paid | Latest billing statement; service agreement. |
| Corporate-owned SIM | Secretary’s Certificate or Board Resolution naming the authorized signatory. |
| Phone theft | Police Blotter or barangay incident report (often speeds up blocking of handset IMEI). |
| Overseas Filipino Worker (OFW) | Affidavit executed at the Philippine Embassy/Consulate and authenticated. |
5. Step-by-Step Process
Draft the affidavit (use the template in § 8).
Print two copies on 8½″ × 13″ or A4.
Appear before any Philippine notary (or e-Notary) with valid IDs.
Pay the notarial fee and obtain the notarised originals.
Submit to your telco:
- Pre-paid: visit a service center or use its loss-report portal.
- Post-paid: call the hotline first, then e-mail the scanned affidavit to the account officer and bring the original upon SIM pick-up.
Wait for replacement (usually within 24 hours nationally; 3–5 days for provincial branches).
Activate the new SIM and confirm OTPs for your e-wallets, banking apps, and government portals.
Keep one notarised copy for at least five (5) years for audit/compliance purposes.
Important: Under RA 11934, reporting later than 24 hours after discovery of loss may expose the owner to liability if the SIM is used for criminal activity.
6. Fees & Timelines (Typical, 2025)
| Item | Globe | Smart | DITO |
|---|---|---|---|
| Replacement SIM | Free (if affidavit shows loss) | Free | Free |
| Activation time | ≤ 2 hrs (Metro Manila) | ≤ 24 hrs | ≤ 24 hrs |
| Courier option | ₱150 – ₱200 | Not offered | ₱120 |
| Blocking old SIM | Immediate upon receipt | Immediate | Immediate |
7. Frequently Asked Questions
| Q | A |
|---|---|
| Do I need a police report? | Only if your phone/SIM was stolen; telcos still accept the affidavit alone for accidental loss. |
| Can I execute the affidavit abroad? | Yes—before a Philippine consular officer or an apostille-competent notary in the host country, then apostille the document. |
| What if the SIM turns up later? | Surrender it to the telco; re-activation is prohibited once a replacement has been issued. |
| Is an e-signature valid? | Yes under the eCommerce Act, if the affidavit was notarised via the Supreme Court’s remote notarization rules. |
| Penalties for false loss? | Up to ₱200,000 fine and/or imprisonment for perjury/falsification, plus telco’s civil claim for damages. |
8. Sample Template (Condensed)
REPUBLIC OF THE PHILIPPINES ) CITY/MUNICIPALITY OF _______ ) S.S.
AFFIDAVIT OF LOSS (SIM CARD)
I, Juan Dela Cruz, Filipino, single, of legal age, and residing at ______, after having been duly sworn, depose and state THAT:
- I am the registered owner of Globe mobile number 09XX-XXX-XXXX, SIM serial 8999-XX-XXXXXX-X.
- On 15 May 2025 at around 10:30 a.m. in Makati City, my mobile phone containing the said SIM was lost when _________.
- Despite diligent efforts, I have been unable to locate the SIM.
- I executed this affidavit to request Globe Telecom, Inc. to block the lost SIM and issue a replacement keeping the same number.
- I undertake to indemnify and hold Globe free from liability should the SIM later be misused.
IN WITNESS WHEREOF, I hereunto set my hand this ___ day of ____ 2025 in _______.
JUAN DELA CRUZ, Affiant
SUBSCRIBED AND SWORN to before me … Doc. No. ___; Page No. ___; Book No. ___; Series of 2025.
(Margin notes: add photocopies of IDs, SIM registration proof, police blotter if applicable.)
9. Practical Tips & Best Practices
- Enable remote-wipe features (Find My iPhone / Android Device Manager) the moment you realise the loss.
- Save a digital copy of your notarised affidavit—telcos now accept e-mailed scans to speed up processing.
- Ask for a SIM Loss Reference Number from the hotline; this freezes billable usage while your affidavit is in transit.
- Update two-factor authentication on all accounts once the replacement SIM is live.
- Store your SIM registration QR code (issued during RA 11934 compliance) in the cloud—telcos accept it as proof of ownership.
10. Disclaimer
This article is for general information only and is not a substitute for specific legal advice. Laws and telco policies may change; always confirm current requirements with your service provider or consult a Philippine lawyer for tailored guidance.