SIM Card Replacement — Keeping the Same Mobile Number in the Philippines A Comprehensive Legal & Practical Guide (2025)
1 Overview
Replacing a lost, damaged, or stolen SIM while retaining the same mobile number is firmly established in Philippine law and regulation. The rules balance three public-interest goals:
- Continuity of service (so users don’t lose contacts or two-factor log-ins),
- Consumer protection & cybersecurity (preventing SIM-swap fraud), and
- Law-enforcement traceability under the SIM Registration Act of 2022.
2 Governing Laws & Issuances
| Instrument | Key Points for Same-Number Replacement |
|---|---|
| Republic Act (RA) 7925 – Public Telecommunications Policy Act (1995) | Declares a right to “quality, affordable, and readily available telecommunication services,” forming the basis for continuity-of-service claims. |
| RA 7394 – Consumer Act (1992) | Telcos must render services “fit for their purpose”; defective SIMs = remedy of repair or replacement. |
| RA 10173 – Data Privacy Act (2012)** | Proof-of-identity requirements for replacement must comply with data-privacy safeguards. |
| RA 11202 – Mobile Number Portability Act (2019)** | Lets users move their number between networks; distinguishes “porting” from in-network SIM replacement, which is faster and cheaper. |
| RA 11934 – SIM Registration Act (2022)** | §9(c) requires telcos verify identity before any SIM re-issuance; §11 penalizes false information (₱100 k–₱300 k fine + up to 2 yrs jail). |
| NTC Memorandum Circulars (e.g., MC No. 03-07-2014, MC No. 001-03-2023) | Set service-quality metrics: replacement must be processed within 24 hours of complete submission and may only incur “reasonable cost” (now typically waived). |
| BSP Circular 1140 (2022) on account takeover | Requires banks to treat SIM-swap incidents as cybersecurity events and coordinate with telcos. |
3 When You Can Request Same-Number Replacement
| Scenario | Is Replacement Allowed? | Typical Fee (2025) |
|---|---|---|
| Lost or stolen SIM | Yes (affidavit of loss usually required) | ₱0–₱50 (often waived) |
| Defective / cannot read network | Yes (if not due to user negligence) | Free if within 1-yr “SIM warranty” |
| Switch from physical SIM to eSIM | Yes (Globe, Smart, DITO all support) | Free first conversion; ₱99 re-issue |
| SIM size change (mini → nano) | Yes | Free |
| “SIM-swap” fraud victim | Yes, expedited with police blotter | Free & priority handling |
4 Step-by-Step Process (All Networks)
Prepare proofs
- One (1) valid government-issued ID (same name as on SIM Registration).
- The registered mobile number & any available SIM serial/ICC ID.
- Affidavit of loss or barangay/police blotter if stolen.
File the request
- In-store (Service Center/Globe Store/Smart Store) – fastest; biometric capture.
- Online/app chat – identity is verified via selfie-liveness and OTP to an alternate number or e-mail.
Death or incapacity of owner
- Present owner’s death certificate + SPA or court appointment.
Verification under RA 11934
- Telco cross-checks ID, selfie, stored SIM-registration data, and proof-of-ownership (recent load receipt, last three dialed numbers, etc.).
Issuance of the new SIM/eSIM QR
- Must activate within 24 hours; old SIM is permanently deactivated.
Update of databases
- Telco must send confirmation SMS + e-mail.
Tip: Always bring the original ID; photocopies alone are insufficient under the Anti-Fake ID rules in NTC MC 01-02-2023.
5 Special Cases & Emerging Issues
| Topic | Legal / Regulatory Snapshot |
|---|---|
| eSIM re-provisioning | Still counts as “SIM replacement.” RA 11934 applies; NTC requires QR to be single-use, expiring after 6 h to reduce interception risk. |
| Corporate or IoT bulk SIMs | Replacement requests must be signed by the company’s Authorized Representative listed in the SIM Registration portal. |
| Mobile money & banking | Under BSP AML rules, banks may freeze linked e-wallets for 24 h after a SIM-swap to re-verify the customer. |
| Cross-border roaming | Philippine operators may courier the new SIM overseas, but must capture ID via video-call; fees may be higher (₱300–₱500). |
| Disaster relief replacement | When NDRRMC declares a calamity, telcos often waive affidavits and fees (per NTC “Service Continuity in Disasters” Circular 2024-01). |
6 Security & Fraud Prevention
SIM-swap fraud (criminal impersonation) is now prosecuted under:
- RA 10175 (Cybercrime Prevention – computer-related identity theft).
- Revised Penal Code (estafa) when used to empty e-wallets.
Telco obligations
- Real-time API alerts to banks upon SIM replacement.
- Mandatory 1-hour outgoing-transaction cooling-off after activation.
User precautions
- Enrol biometric MFA with banks; watch for sudden “No service” on SIM.
- Report suspicious replacement SMS short codes to NTC via 0920-NTC-STOP.
7 Consumer Rights & Remedies
| Issue | Remedy |
|---|---|
| Telco refuses replacement without valid reason | File complaint with NTC Consumer Welfare & Protection Division (CWPD); telco may be fined ₱5 k per day of delay. |
| Excessive fees (>₱100) | Cite “reasonable cost” ceiling in NTC MC 03-07-2014. |
| Data-privacy mishandling | File complaint with National Privacy Commission under NPC Circular 16-01. |
| Fraudulent SIM-swap losses | Simultaneous complaint: (a) PNP-ACG for criminal case; (b) BSP Financial Consumer Protection Department for bank liability. |
8 Penalties for Non-Compliance
| Violation | Penalty |
|---|---|
| Telco issues replacement without verifying ID | Fine: ₱100 k–₱300 k per SIM (RA 11934 §11) |
| Subscriber gives false documents | Same fine + up to 2 years imprisonment |
| Telco fails to keep replacement log for 5 years | Revocation of CPC (Certificate of Public Convenience) after due process |
| Unauthorized sale of “pre-activated replacement SIMs” | Confiscation + ₱50 k fine per unit (NTC MC 04-08-2022) |
9 Comparative Note: Replacement vs. Number Porting
| Feature | In-Network Replacement | Mobile Number Portability |
|---|---|---|
| Keeps same carrier? | Yes | No (you switch networks) |
| Processing time | ≤ 24 h | 48 h (regulator’s SLA) |
| Cost to subscriber | Usually free | Free (by law) |
| SIM change? | Yes (new SIM/eSIM) | Yes (new SIM from new carrier) |
| Governing law | RA 11934 + NTC MCs | RA 11202 + DICT/NTC IRR |
10 Frequently Asked Questions
Can I do replacement entirely online? Yes. Globe’s “SIM Change” portal, Smart’s “SIM Upgrade,” and DITO’s app all support remote e-SIM issuance, subject to video KYC.
Will my load and promos carry over? Yes. Balance and active promos migrate automatically; expired promos do not revive.
What if I registered my SIM under my maiden name but my ID is now married name? Update your registration first (telcos have an online amendment form) before requesting replacement.
How many times can I replace in a year? No statutory cap, but telcos flag >3 replacements in 365 days for manual fraud review.
11 Best-Practice Checklist for Consumers
- Photograph your SIM tray & serial right after purchase.
- Keep last three reload receipts (SMS or email).
- Enable biometric or hardware-token MFA on banking / e-wallet apps.
- Act within 48 hours of a lost SIM to beat fraudsters’ replacement attempts.
- Use eSIM if your device supports it—reduces physical theft risk and speeds future re-issuance.
12 Conclusion
The Philippine framework for same-number SIM replacement is mature: statutes grant the right, NTC rules operationalize it, and consumer-protection agencies police abuse. By understanding the legal requirements and following the documented procedure, subscribers can regain service quickly while minimizing exposure to SIM-swap fraud.
Disclaimer: This guide is for general information only and is not legal advice. For specific cases, consult a Philippine lawyer or the appropriate regulatory body.