Affidavit of Loss for SIM Card (Philippines)
A practical, doctrine‑based guide for consumers, telco personnel, and legal practitioners
1. What an “Affidavit of Loss” Is
An affidavit of loss is a written, sworn statement executed before a notary public attesting that the declarant (the affiant) has lost a particular property and no longer has it in his or her possession. In the Philippines it is governed by:
- Rule 132, §34, Rules of Court – affidavits are admissible as “documentary evidence” but affiants must be available for cross‑examination if the affidavit is contested.
- 2004 Rules on Notarial Practice – sets the formalities (personal appearance, competent evidence of identity, jurat/acknowledgment, notarial register).
- Revised Penal Code, Art. 183 – false statements in a sworn writing constitute perjury (up to 6 years + fine).
When the specific object lost is a subscriber identity module (SIM) card, telcos require the affidavit as part of their SIM replacement and de‑linking procedures.
2. Why a Lost‑SIM Affidavit Matters
| Purpose | How the affidavit is used | Primary Authority |
|---|---|---|
| SIM replacement (pre‑paid or post‑paid) | Allows the carrier to deactivate the old ICCID, issue a new SIM bearing the same MSISDN, and update the SIM Registration database | Contract of carriage + Telco’s Standard Terms filed with the NTC |
| Number de‑linking | If the customer does not want a replacement, the affidavit lets the carrier retire the number to prevent fraudulent usage (e‑wallets, OTPs, etc.) | RA 11934 (SIM Registration Act) & IRR, §6(g) |
| Account recovery | Banks, e‑wallets (GCash, Maya), gov’t portals (GSIS, PhilHealth) accept it as ancillary proof that the owner no longer controls the registered SIM | BSP Mem. No. M‑2023‑004 (for e‑money), institutional policies |
| Police or barangay blotter substitute | If the SIM was merely lost (not stolen), police often refuse a blotter; the affidavit becomes the primary loss narrative | Local police SOP |
3. Minimum Content Checklist
- Heading & Title — “REPUBLIC OF THE PHILIPPINES” / “AFFIDAVIT OF LOSS (SIM Card)”.
- Personal details of affiant — full name, civil status, citizenship, residence, and (optionally) TIN.
- Description of the SIM
- Mobile number (MSISDN)
- Telco (Globe, Smart, DITO, etc.)
- SIM serial or ICCID (if known)
- Account type (pre‑paid, post‑paid, corporate)
- Circumstances of loss — date, place, and manner (e.g., “dropped while commuting,” “phone stolen,” “bag snatched,” etc.).
- Efforts to locate — e.g., attempted calls, visited lost‑and‑found, reported to police (if any).
- Declaration of no liens & no bad faith — affiant has neither pledged nor sold the SIM and undertakes to indemnify parties for any future claims.
- Request clause — authorizing the carrier and/or service provider to deactivate or replace the SIM.
- Signature and jurat — signed in the presence of a notary with proper ID reference numbers (two government‑issued IDs or one ID plus credible witness).
Best practice: add a Data Privacy consent paragraph so the telco can lawfully handle the personal data while processing the request (Data Privacy Act, RA 10173).
4. Draft Template (for guidance only)
REPUBLIC OF THE PHILIPPINES )
CITY/MUNICIPALITY OF ___________ ) S.S.
AFFIDAVIT OF LOSS
(SIM CARD / MOBILE NUMBER)
I, _______________________, Filipino, of legal age, (single/married),
and residing at ____________________________________, after having been
duly sworn, hereby depose and state:
1. That I am the registered owner/subscriber of mobile number
+63 ___ ___ ____ issued by (Globe/Smart/DITO/___) with SIM
Serial/ICCID No. __________________, hereinafter the “Subject SIM”;
2. That on or about ______ (date) at ________ (place), I
(lost/my cellphone containing) the Subject SIM when
________________________________________________;
3. That despite diligent efforts to locate the same, including
_____________ (describe actions), the Subject SIM remains lost
and beyond my control;
4. That this Affidavit is executed to attest to the foregoing facts,
to request the deactivation and/or replacement of the Subject SIM,
and for whatever legal purpose it may serve;
5. That I undertake to indemnify and hold the carrier and any third
party free and harmless from suit arising out of the misuse of the
lost SIM after the date hereof.
IN WITNESS WHEREOF, I hereunto set my hand this ___ day of ______ 20__
at ____________, Philippines.
________________________
Affiant
Govt.‑Issued ID: ______
ID No.: _____________
Date/Place Issued: ____
SUBSCRIBED AND SWORN to before me this ___ day of ______ 20__, affiant
exhibited to me the above‑stated competent evidence of identity.
______________________
NOTARY PUBLIC
Doc. No. ___; Page No. ___; Book No. ___; Series of 20__.5. Procedural Flow
| Step | Actor | Notes |
|---|---|---|
| 1. Draft affidavit | Subscriber or counsel | Use the checklist above. |
| 2. Notarize | Any duly commissioned notary public | Bring original + 2 copies + IDs; typical fee: ₱200 – ₱500 outside Metro Manila, or ₱500 – ₱1,000 inside CBDs. |
| 3. Prepare supporting docs | Subscriber | Photocopy of at least one valid ID, proof of SIM ownership (PUK code card, SIM bed, official receipt for post‑paid, bill with name). |
| 4. File request with telco | Subscriber or authorized representative | Personal appearance at a business center is mandatory for Globe and Smart; DITO allows appointment via the app plus courier pickup of documents. |
| 5. Pay replacement fee | Subscriber | Globe: ₱50 (pre‑paid) / free for post‑paid; Smart: ₱40 top‑up credit; DITO: free if within warranty. Fees periodically change. |
| 6. Activation of new SIM | Telco | Usually 15 minutes to 24 hours. SMS confirmation sent once the MSISDN is mapped. |
| 7. Update SIM Registration database | Telco (mandated by RA 11934) | The old ICCID is flagged “lost” with date; new ICCID inherits registration metadata. |
6. Interaction with the SIM Registration Act (RA 11934)
- Mandatory reporting – Under §6(g) IRR, a user must, “within forty‑eight (48) hours from discovery,” report a lost SIM.
- Automatic deactivation – The telco blocks voice/SMS/data to stop spoofing and reselling of verified SIMs.
- Window to reactivate – The act allows five (5) days for the registrant to request reconnection; beyond that, the number may be recycled after 90 days.
- Penalties for false declaration – Up to ₱50,000 fine and/or imprisonment (RA 11934, §14) on top of perjury.
7. Costs and Turn‑Around Time (2025 averages)
| Item | Globe | Smart | DITO |
|---|---|---|---|
| Notarial fee | ₱500 (Metro Manila) | ₱500 | ₱300‑₱500 |
| Replacement SIM | ₱50 load card (credited) | ₱40 load credit | Free |
| Processing time | 30 min – 1 hr in‑store | 30 min – 2 hrs | 24 hrs (incl. courier) |
8. Practical Tips & Common Pitfalls
- Bring originals – Telco clerks need to sight original IDs and the notarized affidavit.
- Corporate or bulk accounts – If the SIM is under a company, a Secretary’s Certificate or SPA plus Articles of Incorporation is required.
- e‑Wallet sync – Update GCash/Maya once the new SIM is live; otherwise OTPs will fail.
- Police report vs. affidavit – If the phone was stolen, telcos will insist on a police blotter in addition to (or in lieu of) the affidavit.
- Dual‑SIM handsets – State explicitly which slot/IMSI is lost to avoid double blocking.
- Foreign nationals – Use passport + Alien Cert. of Registration; some notaries charge higher for non‑Filipinos.
- Electronic notarization – Allowed since the 2020 Interim Rules, but telcos still prefer “wet‑ink” copies; verify acceptance before going e‑notary.
9. Evidentiary Weight and Litigation Scenarios
- In small‑claims or estafa cases involving unauthorized transactions, the affidavit helps shift the burden—showing loss was reported promptly.
- Remember: an affidavit is hearsay unless the affiant testifies. Properly journalizing the date of deactivation and obtaining the carrier’s formal acknowledgement strengthens admissibility.
10. Frequently Asked Questions
| Question | Answer |
|---|---|
| Can I execute the affidavit abroad? | Yes, before a Philippine Consulate or any foreign notary apostilled per the Apostille Convention. |
| What if the SIM was not registered before RA 11934? | The telco will treat the affidavit as part of the late registration package; you’ll need to register the replacement SIM simultaneously. |
| Is a barangay certification enough? | Rarely. A barangay affidavit is not notarized; telcos treat it as supplementary only. |
| How soon must I act? | Within 48 hours to comply with §6(g) IRR. Delay risks liability if the number is used for crimes (Anti‑Cybercrime Act, RA 10175). |
| Will my telco charge me during the downtime? | Post‑paid plans are billed pro‑rata up to the deactivation date; Globe and Smart waive MRF from that point until reactivation. |
Bottom Line
An Affidavit of Loss for a SIM card is a short but legally significant document. Prepare it carefully, swear to its truthfulness, and file it promptly with your carrier. Doing so protects you from fraud, keeps you compliant with the SIM Registration Act, and ensures that you retain—rather than forfeit—ownership of your mobile number.
(This article is for informational purposes only and does not create an attorney‑client relationship. Consult a qualified lawyer for formal legal advice.)