Process for Permanent SIM Card Deactivation
Under Republic Act No. 11934 (SIM Registration Act) and Its Implementing Rules (Philippine Context)
This article is for general information only and is not a substitute for personalized legal advice.
1. Legal Foundations
| Instrument | Key Provisions on Deactivation |
|---|---|
| Republic Act No. 11934 (2022) | §4 (k) defines “deactivation”; §6 & §10 impose mandatory deactivation for unregistered or fraud‑linked SIMs; §§14‑15 penalize non‑compliance. |
| IRR (Joint DICT‑NTC‑DILG JMC 01‑01‑2023) | Art. III, §§9‑12 spell out notice, grace period, black‑listing, record‑retention. |
| NTC Memorandum Orders (MO 001‑03‑2023, MO 002‑09‑2023) | Technical parameters for PTEs: real‑time suspension, HLR/HSS updates, 60‑day number quarantine, and audit reporting. |
| Data Privacy Act of 2012 & NPC Advisory 2023‑01 | Requires proportionality in data retention after deactivation and secure destruction after five years. |
2. What “Permanent Deactivation” Means
- Permanent, not temporary. All outgoing/incoming traffic is barred, the IMSI is removed from the Home Location Register (HLR)/Home Subscriber Server (HSS), and the MSISDN (mobile number) is quarantined for at least 60 days before possible recycling.
- Irreversible after the statutory window. Once the grace period lapses (five days for missed registration; 30 days for verified fraudulent use), the SIM cannot be reactivated; the subscriber must obtain a new SIM and start a fresh registration.
- Triggers entry in the national‐level “SIM Blacklist Database”. The serial/ICC ID is logged to bar re‑registration under another identity.
3. Statutory & Regulatory Triggers
| Triggering Event | Grace Period | Notes |
|---|---|---|
| Failure to register an existing SIM by the government‑set cut‑off (26 July 2023) | 5 calendar days | System auto‑suspends at 00:01 a.m. of Day 1; auto‑reactivation allowed only within the window via completion of registration. |
| New SIM not registered within 24 hours of first activation | None (instant) | Retailer must withhold outgoing service until registration; if still unregistered after 24 h, system deactivates permanently. |
| Subscriber’s written request (loss, theft, or security concerns) | Immediate | PTE may allow a 5‑day cooling‑off period on request; otherwise proceeds at once. |
| Submission of false documents or identity fraud detected by PTE or law enforcement | ≤30 days investigative suspension, then permanent deactivation | Subscriber is notified and may contest; PTE must preserve evidence for criminal case. |
| Court order, NTC order, or lawful request from law‑enforcement agency | As directed | No notice to subscriber when a secrecy order is attached (e.g., anti‑terror operations). |
| Death or permanent incapacity of the registrant | 15 days after submission of death certificate or medical proof | Heirs may request number retention by filing transfer within the 15‑day window. |
4. Step‑by‑Step Procedure for Public Telecommunications Entities (PTEs)
Trigger & Verification
- Internal flag (system timer, fraud analytics) or external request (NTC, LEA).
- Check registration database; log a Case ID in the Audit Trail.
Pre‑Notice / Suspension
- Existing customer: outgoing services suspended; SMS notice sent at least 24 hours before cut‑off (unless secrecy order).
- No response/registration within grace period → proceed.
Technical Deactivation
- Delete IMSI record from HLR/HSS & VLR, set MSISDN “dormant”.
- Push FOTA command to disable SIM Toolkit menu (prevents future OTA updates).
- Add ICC ID to National SIM Blacklist (NTC‑managed via API within 24 h).
Post‑Deactivation Actions
- Billing: forfeit prepaid balance; generate final post‑paid bill; waive lock‑in early termination fee in fraud/theft cases.
- Number quarantine: keep MSISDN in quarantine pool 60 days, extendable to 90 days during investigations.
- Data retention: keep all KYC data, call‑detail records, and deactivation logs 5 years; purge or anonymize thereafter.
Regulator Reporting
- Monthly deactivation report to NTC (template MO 002‑09‑2023).
- High‑profile or bulk fraud cases: submit within 24 hours of action.
5. Effects on the Subscriber
| Aspect | Consequence |
|---|---|
| Service access | All voice/SMS/data blocked; SMS to emergency 911 may remain until ICC ID is black‑listed, after which even 911 is blocked. |
| Pre‑paid load & promos | Forfeited and non‑refundable (IRR §10‑E). |
| Mobile banking/OTP | Linked services fail; user must update contact details with banks and apps. |
| MNP (Porting) | Porting request is barred once ICC ID is black‑listed. |
| Reactivation | Only possible within the grace period and only if the cause is cured (e.g., completes registration, proves identity). After that, customer must buy a new SIM. |
6. Remedies & Appeals
Within the grace period
- Complete online/offline registration or file a counter‑affidavit for fraud flag.
- Telco must resolve within 24 hours; if resolved, restore full service.
After permanent deactivation
- File a written protest with the PTE first (NTC MO 001‑03‑2023: 10‑day resolution rule).
- Unresolved? Escalate to NTC Regional Office within 15 days.
- Final administrative appeal lies with the NTC Commission En Banc, then judicial review with the Court of Appeals under Rule 43.
Civil remedies for wrongful deactivation
- Damages under Art. 19‑21 Civil Code or §34 Data Privacy Act (unlawful processing).
7. Special Scenarios
| Scenario | Additional Rule |
|---|---|
| Corporate or IoT SIMs | Company’s authorized officer must certify the deactivation request; bulk deactivation allowed via secure API. |
| Minors’ SIMs | Parent/guardian may request deactivation; PTE must verify relation via PSA‑issued docs. |
| Roaming subscribers | Deactivation timetable is based on Philippine Standard Time (UTC+8) regardless of roaming network time. |
| Emergency‑broadcast SIMs (LGU, NDRRMC) | Exempt from automatic cut‑off; deactivation only on NTC order. |
8. Compliance & Penalties
| Offender | Violation | Administrative Fine (per SIM) | Criminal Liability |
|---|---|---|---|
| Subscriber | False info, using deactivated SIM via cloning | ₱100 k‑300 k | 6 mos‑2 yrs &/or ₱100 k‑₱300 k |
| PTE | Failure to deactivate or report within deadline | ₱1 M‑₱5 M plus revocation for repeated offense | Corporate officers may face up to 6 yrs prison under §14 RA 11934 |
| Selling black‑listed or deactivated SIMs | ₱10 k‑₱100 k | 6 mos‑2 yrs |
9. Data‑Privacy Intersection
- Purpose limitation. Data gathered for registration may still be kept for five years after deactivation solely for fraud‑tracking or lawful order.
- Right to erasure. After the five‑year statutory period, subscribers (or heirs) may demand erasure unless data is evidence in a pending case.
- Breach notification. A breach of the deactivation log triggers the 72‑hour NPC notification rule, even if the SIM is already dead.
10. Looking Ahead
- DICT Draft Guidelines (circulated Feb 2025) propose extending the reactivation window for missed‑registration cases from 5 days to 30 days, but only once per subscriber.
- e‑SIM Support. By Q4 2025, PTEs will apply the same deactivation workflow to e‑SIM profiles, with QR‑Code revocation replacing physical ICC ID black‑listing.
- Cross‑border database linkage (ASEAN‑CMC initiative) may bar a permanently deactivated Philippine SIM from being re‑issued in other ASEAN jurisdictions.
Key Takeaways
- Timely registration and accurate information are non‑negotiable—failing to comply leads to an almost‑instant, irreversible loss of service.
- Permanent deactivation is both a technical and legal act: once the grace window lapses, the SIM and its number are effectively dead.
- Subscribers have limited but real recourse during grace periods and through administrative appeal; afterward, the only path is a fresh SIM.
- PTEs face stiff fines and even criminal liability for lax deactivation or sloppy data handling—robust internal controls are essential.
For individuals and enterprises alike, understanding the deactivation mechanics—and acting quickly when notified—is the best defense against unintended permanent loss of connectivity.