SIM Card Replacement — Same Number in the Philippines A comprehensive legal and practical guide (updated to June 24 2025)
1. Overview
When a Filipino mobile subscriber asks a network to issue a fresh SIM while retaining exactly the same phone number, the act is legally known as SIM card replacement (sometimes SIM swap). It is governed by a web of statutes, regulations, and contractual duties designed to balance three policy goals:
- Continuity of service – the right to keep one’s number (a modern-day “identity”).
- Protection against fraud – stopping criminals from hijacking numbers to access one-time passwords (OTPs), mobile banking, and e-wallets.
- Privacy and cybersecurity – ensuring personal data collected during the process is lawfully handled.
This article unpacks every relevant rule, right, risk, and remedy applicable in the Philippines as of mid-2025.
2. Core Statutes and Regulations
| Instrument | Key sections touching SIM replacement | Salient points |
|---|---|---|
| Republic Act (RA) 11202 — Mobile Number Portability Act (2019) | §§4–6, 8 | Turns the mobile number into an inalienable subscriber right. Forces telcos to execute all number-keeping requests (within or across networks) “without unjust delay and without cost to the subscriber.” |
| RA 11934 — SIM Registration Act (2022, IRR 2023) | §6 (SIM Activation & Deactivation), §9 (Updating of Information) | Loss, theft, or any change requiring a new SIM obliges the subscriber to “immediately” report and update the centralized SIM Register. Telcos must verify identity again before re-activating the old number on the new card/eSIM. |
| National Telecommunications Commission (NTC) Memorandum Circulars | MC 03-06-2005 (Lost/Stolen SIM Protocol); MC 01-03-2023 (SIM Registration IRR) | Lay down operational timelines ≤ 24 hours for issuance, set ID requirements, and mandate system logs accessible to law-enforcement with proper authority. |
| RA 10173 — Data Privacy Act | §§11–21 | Governs personal-data collection during replacement: “lawful purpose, proportionality, transparency.” NPC Advisory 2023-01 gives model consent forms. |
| RA 8484 — Access Devices Regulation Act & RA 8792 — E-Commerce Act | Various | Criminalizes SIM-swap fraud, phishing, and OTP theft; penalties to 20 years’ imprisonment if banking loss > ₱1 million. |
| Consumer Act (RA 7394) & NTC’s Consumer Code | Protects against unreasonable fees or failure to deliver within promised service levels (SLA). |
3. What Counts as “Same-Number” Replacement?
| Scenario | Governing rule | Usual documents needed |
|---|---|---|
| Lost/Stolen SIM | RA 11934 §9; NTC MC 03-06-2005 | Government-issued photo ID, duly notarized Affidavit of Loss (some telcos now allow a self-declaration under oath via video). |
| Defective/Damaged SIM | Ditto | Government ID, the defective SIM (if recoverable), filled-out request form. |
| Migration to eSIM or 5G-ready SIM | RA 11202 §6 (port within network); Telco service contracts | Government ID, device’s eSIM QR code or serial, sometimes proof of purchase of device. |
| Post-Paid to Pre-Paid (or vice-versa) keeping number | RA 11202 + SIM Registration Act | Government ID, latest billing statement (for post-paid), signed change-of-plan form. |
4. Mandatory Verification Steps
- Identity proofing – at least one primary ID (passport, PhilSys, driver’s license) or two secondary IDs.
- Liveness or selfie check – built into most telco apps since 2024.
- One-time PIN to a different recovery channel (e-mail or alternate number on file) to counter SIM-swap fraud.
- Cross-check against the SIM Register – automated API call mandated by RA 11934; any mismatch stalls the request.
- Notarized Affidavit if the SIM was reported lost or stolen.
Failure to comply lets the telco refuse the replacement (NTC MC 01-03-2023, §7). Telcos must keep logs for 10 years.
5. Timelines & Fees
Processing time
- Metro Manila & key cities: maximum 4 business hours (NTC target, 2024 update).
- Provincial or non-fiber branches: 24 hours.
Cost (regulated ceilings)
- First replacement in any rolling 12-month period: free (RA 11202 §8).
- Succeeding replacements: up to ₱100 for physical SIM, ₱150 for eSIM activation (NPC Opinion 2024-02 deemed these “reasonable”).
No expedite or VIP line surcharge is allowed. Violations are an unfair trade practice under the Consumer Act.
6. Data Privacy Compliance Checklist for Telcos
| DPA principle | Operational requirement during replacement |
|---|---|
| Transparency | Clear notice that data will sync to the central SIM Register and be retained for ten years. |
| Legitimate purpose & proportionality | Collect only what is needed: ID data, facial image, contact details. No collection of income data or unrelated biometrics. |
| Data subject rights | Subscriber may request: • copy of data stored • deletion of selfie once verification is complete • log of any law-enforcement access. |
| Security | NPC Circular 2023-02 requires storage encryption + role-based access controls; breach must be reported within 72 hours. |
7. Fraud & Liability: The SIM-Swap Menace
| Modus | Typical legal violations | Liability chain |
|---|---|---|
| Identity-theft SIM swap (fraudster fakes ID, convinces telco agent) | RA 8484, RA 10175 (Cybercrime Prevention), Estafa (Revised Penal Code) | ° Fraudster – criminal and civil damages. ° Telco – administrative fines up to ₱1 million/instance if “gross negligence” (NTC MC 2024-01). |
| Insider collusion (rogue employee issues SIM) | Same + Qualified Theft | ° Employee – criminal. ° Telco – vicarious liability; NPC can impose up to 3% of annual gross revenue for DPA breach. |
| Social-engineering OTA SIM swap (victim clicks malicious link; no store visit) | RA 8792, Access-Device fraud | ° Fraudster & platform used; telco liability lower if KYC logs are intact. |
Civil recourse – Victims may sue in RTC for actual damages (e.g., lost e-wallet funds), moral damages, and exemplary damages if bad faith is shown. Supreme Court jurisprudence recognizes telcos as “common carriers,” so the burden of proving extraordinary diligence lies with them.
8. Administrative & Judicial Forums
| Forum | When to file | Reliefs available |
|---|---|---|
| Telco internal grievance desks | First resort; 7-day decision period by SLA | Restoration, fee reversal, written apology. |
| NTC Consumer Welfare & Protection Division | If unresolved in 7 working days or urgent | Show-cause orders, fines, or suspension of shop’s license. |
| National Privacy Commission | Any breach of personal data | Compliance orders, cease-and-desist, fines up to ₱5 million or 3 % of gross annual income. |
| Courts (civil or criminal) | Fraud, estafa, damages > ₱2 million | Garnishment, imprisonment, injunction vs. telco or fraudster. |
9. Interplay with Mobile Number Portability (MNP)
SIM replacement within the same network is simpler than porting to another network.
However, RA 11202 guarantees the same right to your number whether you:
- Change networks (port), or
- Stay put but need a new SIM (replacement).
Telcos must not require settlement of non-related debts (e.g., an old broadband account) before releasing the number. Only unpaid post-paid charges linked to that mobile account can be set as a precondition.
10. Emerging Issues (2025-Onward)
Universal eSIM roll-out
- By Q1 2025 all three major networks (Smart, Globe, DITO) issue digital vouchers via app; no more plastic in urban centers.
- NTC is drafting a circular on remote KYC standards (beta in March 2025).
Cross-border scam rings
- DICT-Interpol task force reports Philippines-Malaysia rings doing high-volume SIM swaps; expect stricter ID vetting of foreign passport holders.
“Number as legal identity” proposals
- House Bill 9801 seeks to embed mobile numbers in PhilSys; would tie SIM replacement logs directly to the national ID ledger, easing fraud traceability.
11. Checklist for Consumers
- Secure your telco app with strong password + biometrics.
- Activate account-level PINs or “SIM Lock” offered by Smart (SafeLock) and Globe (SIM Shield).
- Keep at least one alternate verification channel (secondary number or email) current in the telco’s records.
- Report loss/theft immediately via hotline or the telco portal; the 24-hour verification clock starts only after formal report.
- Demand written acknowledgment (ticket number or email) — required before you can escalate to NTC.
12. Conclusion
SIM replacement while keeping your number is no longer a mere customer-service courtesy; it is a statutory right under RA 11202, overlaid by strict verification rules under the SIM Registration Act. For lawful subscribers, the process should be free, fast, and privacy-respectful. For bad actors, the legal arsenal now spans administrative fines to multi-year imprisonment. Staying informed and vigilant remains the best defense — for consumers and telcos alike.