Dear PAO,

I complied with the law requiring subscribers to register their SIM cards. Last month, Liza introduced me to her foreign friend who is doing business in the country. This foreigner offered to buy my SIM card for a considerable amount of money. His offer is tempting, especially since I am currently jobless, so I am contemplating selling my SIM card to him. However, I have second thoughts because I heard that selling a pre-registered SIM card is against the law. Please guide me on the matter.

Thomas

Dear Thomas,

All subscriber identity module (SIM) card owners or end users are required to register SIM pursuant to Republic Act (RA) 11934 or the Subscriber Identity Module Registration Act.

SIM has been defined under Section 3 (f) of the said law as referring to “an embedded circuit that securely stores International Mobile Subscriber Identity (IMSI) and related keys or an electronic equivalent thereof, used to identify and authenticate subscribers on mobile devices, such as mobile phones and computers, and other electronic devices. For purposes of this Act, this shall include e-SIMS and other variations thereof.”

The requirement for registration of SIM is provided under Section 6 of the same law, to wit:

“All PTEs shall maintain their own database containing information required under this Act. The database shall strictly serve as a SIM Register to be used by PTEs to process, activate or deactivate a SIM or subscription and shall not be used for any other purpose, unless otherwise provided under this Act. The successful submission and acceptance of the required registration form shall serve as the certification of registration by the end-user.

“The registration required under this Act shall be implemented at no cost to the end-users.

“In the recordkeeping of information, PTEs shall ensure that the end-users’ data are secured and protected at all times. The PTEs shall comply with the minimum information security standards prescribed by the DICT consistent with internationally accepted cybersecurity standards and relevant laws, rules and regulations.

“The DICT shall establish and perform an annual audit on PTEs’ compliance with information security standards.

“In case of any change in the information of the end-user, or the loss of the SIM, death of the end-user, or any request for deactivation, the end-user shall immediately inform the PTE through its facility established for such purpose: Provided, That in the case of death of an end-user, such fact shall be reported to the concerned PTE by the immediate family, relatives, or guardian.

“In case of any change in the information of the end-user, the concerned PTE shall clearly note such change in its database. xxx”

Correlative thereto, Section 7, id., specifically states: “A registered SIM shall not be sold or transferred without complying with the registration requirements under Section 6 of this Act.”

Applying the afore-stated provisions of the law in your situation, the selling of a registered SIM is not prohibited per se. However, the end user needs to comply with the registration requirement under Section 6 of RA 11934. For this purpose, we advise you to contact and communicate with the public telecommunications entity that issued your SIM card to know the details pertaining to the registration requirements and process that you have to undergo if you decide to sell your SIM card.

It is important to emphasize that a penalty of imprisonment ranging from six months to six years, or a fine of P100,000 to P300,000, or both, shall be imposed upon anyone who sells or transfers a registered SIM without complying with the afore-stated registration requirements. [Section 11 (g), RA 11934].

We hope that we were able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated on.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected]