Four legislators led by Leyte 1st District Rep. Martin G. Romualdez have filed a bill requiring the registration of all postpaid and prepaid mobile phone subscriber identity module (SIM) cards.
At present, only SIM cards for postpaid mobile or cellular phone subscriptions are required to be registered.
Romualdez’s co-authors of the proposed SIM Card Registration Act are Reps. Ferdinand Alexander Marcos of Ilocos Norte, and Yedda Marie K. Romualdez and Jude Acidre, both of party-list group Tingog.
“This bill seeks to require ownership registration of SIM cards to eradicate mobile phone-aided criminal activities,” according to the explanatory note of House Bill (HB) 14.
The note stated that the affordability and accessibility of SIM cards “have resulted in the democratization of mobile communications, possibly contributing to a more leveled playing field in terms of employment, education, and access to public information.”
It said a mobile phone card could be bought for as low as P30 in a sari-sari or convenience store.
It cited a 2020 World Bank report showing that there were 137 cellular phone subscriptions per 100 Filipinos, indicating many Filipinos had more than one subscription or mobile phone.
“On the other hand, having an unregulated SIM card market has also given way to several mobile phone scams. The cases range from simple text messages asking users to send cellular loads, to more sophisticated voice phishing methods and marketing spams that are used to gain unauthorized access to sensitive personal information of unsuspecting mobile phone users,” the explanatory note said.
It noted that cellular phone service providers have blocked millions of text messages and SIM cards due to complaints from subscribers.
But while these companies are able render such numbers unusable, scammers could easily replace them because of the availability of prepaid mobile phone subscriptions, it said.
“Furthermore, due to the lack of SIM card registration, it becomes nearly impossible to trace the persons behind the text scams and hold them accountable for fraud, breach of data privacy or other punishable offenses that they committed using an unknown mobile number,” it added.
It stressed that the time “has come to regulate the sale and distribution of SIM cards in order to promote end-user accountability, prevent the proliferation of mobile phone scams and data breaches, and to assist law enforcement agencies in resolving crimes involving the use of mobile phone units.”
Under HB 14, every public telecommunications entity (PTE) or authorized seller shall require an end-user to accomplish and sign in triplicate a numbered registration form issued by the PTE.
The form shall include an attestation that the person appearing before the seller is the same person who accomplished the document and that he presented valid identification cards.
The PTE or its authorized seller shall not sell a SIM card if the end-user refuses to comply with the registration requirement, which will also apply to foreigners.
The form shall indicate the subscriber’s name, date of birth, gender, his address as appearing in a valid ID with photo, and the assigned mobile number and serial number.
Any information in the registration document shall be treated as absolutely confidential unless access to it is granted by the subscriber in writing.
However, such information shall be disclosed upon order by a court or written request by a law enforcement agency in relation to an investigation of an unlawful act involving the use of a mobile number.
SIM cards sold or issued before the effectivity of the proposed SIM Card Registration Act will also be required to be registered.
PTEs shall maintain a registry of all subscribers and their assigned SIM cards.
They shall submit to the National Telecommunications Commission (NTC) a list of their authorized sellers/agents. HB 14 imposes penalties.
If the offense is committed by a PTE, the president and other responsible officers shall be held liable and fined up to P300,000 for the first offense, up to P500,000 for the second offense and up to P1 million for the third and any succeeding violation.
If the violator is an authorized seller, his operation shall be suspended and a fine of P5,000 to P50,000 shall be imposed.
If the offender is an officer or employee of an implementing agency, he shall be dismissed from the service and fined, without prejudiced to the filing of appropriate criminal, civil and administrative charges.