SIM Card “Same-Number Replacement” in the Philippines A Comprehensive Legal-Practical Guide (2025 edition)
This article synthesises existing Philippine statutes, regulations, and industry practice as of 26 June 2025. It is written for general information only and should not be taken as legal advice.
1 | Concept and Scope
“Same-number replacement” (SNR) is the process by which a mobile subscriber obtains a new physical SIM or eSIM without changing the MSISDN—typically after loss, theft, damage, upgrade to an eSIM-capable handset, or transition between SIM form-factors (mini, micro, nano). SNR is distinct from:
| Related concept | Key difference |
|---|---|
| Mobile Number Portability (MNP) under R.A. 11202 (2019) | lets a subscriber shift between networks while keeping the number; SNR occurs within the same network. |
| Replacement with a new number | MSISDN changes; SNR retains it. |
| SIM re-registration under R.A. 11934 (2022) | refers to identity verification; SNR may trigger re-registration but is a separate transaction. |
2 | Primary Legal Sources
| Instrument | Salient provisions affecting SNR |
|---|---|
| R.A. 11934 – SIM Registration Act (SRA) & 2023 Implementing Rules and Regulations (IRR) | §4(a)(3) treats replacement SIMs as “new SIMs” ⇒ they must be registered before activation. IRR Rule 4 sets ID validation standards. |
| R.A. 7925 (1995) – Public Telecommunications Policy Act | Delegates to the NTC the power to issue service-quality and consumer-protection rules, incl. SIM replacement procedures. |
| NTC Memorandum Circular (MC) 01-07-2023 (“Guidelines on SIM Change & Swap”) | Codifies carrier obligations: identity verification, record-keeping for 5 years, mandatory real-time de-activation of the old SIM. |
| R.A. 10173 – Data Privacy Act (DPA) & NPC Circular 16-01 | Establish lawful processing of personal data collected during SNR. |
| R.A. 8792 – E-Commerce Act & BSP Circular 944 s2017 | Enable electronic affidavits/OTP-based consent forms for remote (online) SNR. |
| R.A. 7394 – Consumer Act & R.A. 11032 – Ease of Doing Business & Anti-Red Tape Act | Require clear service standards, posting of fees, and completion of SNR within prescribed business hours. |
| R.A. 11448 – Transnational & Domestic Telecom Fraud Prevention Act (2020) | Imposes enhanced KYC for SIM swap to combat account-takeover scams. |
| R.A. 8484 – Access Devices Regulation Act (ADRA) | Criminalises fraudulent SIM swap when used to access financial accounts. |
Note: NTC MC numbers change over time; check the latest circulars for exact numbering.
3 | When SNR Is Allowed or Required
| Scenario | Legal condition |
|---|---|
| Loss or theft | Subscriber must file Sworn Affidavit of Loss or Incident Report. IRR allows digital affidavits via e-notary. |
| Damaged or defective SIM | Physical surrender of damaged SIM when possible; if unreadable, affidavit of damage suffices. |
| Upgrade to eSIM | Treated as SNR; carriers must support QR-code provisioning linked to the same MSISDN. |
| Transition to different form factor | Requires identity confirmation but no affidavit. |
| Carrier-initiated recall (network migration, SIM lifecycle end) | Carrier shoulders replacement cost; mass SMS + public notice at least 30 days prior (NTC MC 12-12-2022). |
4 | Step-by-Step Compliance Workflow
Subscriber Request – in-store, via official app, hotline, or secured web portal.
Identity Verification (SIM Registration Act, IRR Rule 4):
- present any government-issued photo ID (or electronic PhilSys ID).
- biometric confirmation (fingerprint, facial match) if the request is remote.
Loss/Damage Documentation (if applicable):
- Sworn affidavit OR police blotter.
- Optional: device IMEI for blocking.
Old SIM De-activation – must be immediate and irreversible to prevent simultaneous use.
Issuance of New SIM/eSIM with the same MSISDN.
Re-registration – subscriber data + SIM serial recorded anew.
Activation & OTP Test – carrier sends OTP to ensure the new SIM is functional.
Record Retention – telco must store transaction logs for 5 years (NTC MC 01-07-2023 §7).
Carriers may charge a reasonable fee (commonly ₱50 – ₱100) except when the replacement is carrier-initiated or caused by network issues.
5 | Obligations of Subscribers
- Truthful Declaration – False statements in affidavits constitute perjury (Revised Penal Code Art. 183) and possible ADRA liability if used for fraud.
- Single-SIM Rule – Upon re-activation, the old SIM must not remain connected; possession of both active SIMs is grounds for deactivation and penalty under SRA §10.
- Prompt Reporting – The SRA’s 24-hour loss-report recommendation helps limit liability for fraudulent use.
- Data Privacy Consent – Must consent to the telco’s privacy notice covering collection of biometrics and IDs.
6 | Obligations of Public Telecommunication Entities (PTEs)
| Obligation | Statutory / regulatory basis | Practical notes |
|---|---|---|
| Verify true identity of requester | SRA §4; IRR Rule 4 | Cross-check ID against registration DB + watchlist. |
| Replace within 2 hours in-store or 1 day remote | NTC MC 01-07-2023 §6 | Delays expose PTE to administrative fines. |
| Provide clear fee schedule | Consumer Act §6 | Post in store & website. |
| Maintain audit trail (ID image, biometrics, time stamp) | DPA + SRA | Encrypt & segregate under NPC rules. |
| Implement anti-SIM swap fraud controls | R.A. 11448 | Mandatory risk scoring for high-value numbers (e-wallet, banking OTP endpoints). |
| Free replacement in carrier-fault cases | R.A. 11032 (EODB) | E.g., network re-farming, defective batch of SIMs. |
7 | Fraud & Security: SIM-Swap Attacks
SIM-swap occurs when criminals fraudulently trigger SNR to hijack OTPs and gain account access. Countermeasures mandated since 2020:
- Enhanced KYC – biometric match + liveness test for remote swaps.
- “No-service” Cool-off – 30-minute cooling period before the new SIM can receive banking OTPs (BSP-NTC Joint Memorandum 2021-01).
- Subscriber Alerts – SMS & e-mail to original contact channels when a replacement is requested and when it completes.
- Carrier Liability – Strict liability up to ₱10,000 unless subscriber negligence; higher if gross negligence proven.
- Coordination with Banks/E-wallets – API hooks so FIs can lock accounts during replacement window.
8 | Data Privacy & Cross-Border Issues
- Lawful Basis – “Performance of a legal obligation” under DPA §12(c). Consent still required for secondary processing (marketing).
- Retention & Disposal – IDs & biometrics retained 5 years, securely destroyed thereafter.
- Cross-border storage – Allowed if jurisdiction has comparable protection; telco must register data-processing systems with the NPC.
- Data Subject Rights – Access, erasure (once retention period lapses), and indemnification for breaches.
9 | Interface with Mobile Number Portability (MNP)
| Stage | Impact on SNR |
|---|---|
| Before Port-Out | Subscriber must ensure MSISDN is active and registered; pending SNR blocks MNP for 48 hours. |
| After Port-In | Replacement within new network follows ordinary SNR rules; subscriber loses right to revert to old network for 60 days (MNP Rules §9). |
10 | Administrative & Criminal Penalties
| Violation | Penalty |
|---|---|
| Telco fails to register replacement SIM | Up to ₱1 million per violation + revocation of CPCN (SRA §13). |
| Fraudulent SIM swap (identity theft) | Prisión mayor + ₱100,000–₱300,000 (ADRA §9) + civil damages. |
| Processing personal data without lawful basis | 1–3 yrs imprisonment + ₱500,000–₱2 million (DPA §25). |
| Failure to comply with NTC SNR timelines | ₱200,000 per day of delay; repeat offense may trigger show-cause order. |
11 | Practical Tips for Stakeholders
For Subscribers
- Keep your SIM registration details updated.
- Activate carrier app; many allow eSIM download and secure chat-based replacement.
- Enable multi-factor authentication not reliant solely on SMS (e.g., authenticator apps).
- Report suspicious signal loss immediately—sudden “No Service” could indicate SIM swap.
For Enterprises & Banks
- Adopt SIM-swap detection APIs offered by telcos (based on IMEI & SIM change events).
- Lock high-risk transactions for 24 hours after SIM change.
- Educate customers on phishing & SIM-swap red flags.
For Telcos
- Deploy real-time fraud scoring combining device, location, and behavioural analytics.
- Streamline remote SNR via secure digital ID (PhilSys-based).
- Regularly train front-line staff on forensics of forged IDs.
12 | Future Outlook (2025 – 2027)
| Expected development | Status |
|---|---|
| Full eSIM roll-out to prepaid base | Ongoing pilot with QR kiosks; NTC targets 80 % eSIM penetration by 2027. |
| PhilSys-Only SNR (no physical ID) | Draft DICT-NPC-NTC joint circular under consultation (Q3 2025). |
| Blockchain SIM life-cycle registry | Globe & Smart proof-of-concept with foreign vendors expected 2026. |
| Unified SIM-swap blacklist shared with banks | BSP–NTC joint task force formed Jan 2025. |
Conclusion
Same-number SIM replacement sits at the intersection of consumer convenience, public safety, and data privacy. Philippine law—anchored on R.A. 11934 (SIM Registration Act)—now treats every replacement as a legally significant event subject to stringent KYC, prompt processing, and strong anti-fraud controls. Subscribers, carriers, and businesses alike should stay abreast of evolving NTC circulars and NPC guidelines to ensure compliance and to safeguard against surging SIM-swap attacks.