Dear eFOI user,
Mabuhay!
Thank you for your request dated yesterday, made under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.
In view of your request, we quote the response of the Director of Legal Branch from a previous eFOI request. Please be informed that Section 10 of Republic Act No. 11934, the Subscriber Identity Module (SIM) Registration Act, and Section 2 of NTC Memorandum Circular No. 001-12-2022, the Implementing Rules and Regulations (IRR) of the SIM Registration Act, both state:
Disclosure of Information: Notwithstanding the provisions on confidentiality, the PTEs shall be required to provide information obtained in the registration process only upon the issuance of a subpoena by a competent authority pursuant to an investigation based on a sworn written complaint that a specific mobile number was or is being used in the commission of a crime, or that it was utilized as means to commit a malicious, fraudulent, or unlawful act, and that the complainant is unable to ascertain the identity of the perpetrator.
"Competent Authority" under Section 3(e) of the said Rules refers to "such law enforcement agencies, cybercrime prevention bodies, or prosecutorial offices, with subpoena powers, as established or created by laws, and relevant orders, rules, circulars, and regulations."
Therefore, a subpoena issued by the Philippine National Police or any other competent authority is necessary before a public telecommunications entity (PTE) may be required to disclose the requested information in your request.
While our primary objective is to provide information whenever possible, we regret to inform you that National Telecommunications Commission (NTC) is not the repository of all registered SIM Card numbers and we do not have any access to it. However, we recommend that you visit the concerned TELCO nearest you and seek for further assistance regarding that matter.
Please note that GCash is not regulated by NTC. It is, instead, a mobile money service regulated by the Bangko Sentral ng Pilipinas (BSP), allowing users to buy load, purchase items, send and receive money, pay bills, and more using Globe, TM, or other networks. For faster assistance, you may contact GCash Customer Care directly by emailing [email protected], calling their 24/7 hotline at 2882 from a Globe or TM mobile phone, or (02)7213-9999 from a landline. We also recommend visiting a GCash center in person or visiting their help portal at help.gcash.com.
Your right to request a review:
If you are dissatisfied with our response to your FOI request, you have the option to request an internal review. To initiate this process, kindly submit your written appeal for review addressed to:
THE HONORABLE COMMISSIONER
National Telecommunications Commission
Senator Miriam P. Defensor-Santiago Ave., East Triangle, Diliman, Quezon City
Please provide a detailed explanation of your dissatisfaction with our response within fifteen (15) calendar days from the date of receiving this response. We will conduct the review and communicate the result within thirty (30) calendar days from the receipt of your review request.
If you remain unsatisfied with the review, you have the right to appeal to the Office of the President under the Administrative Order No. 22, s. 2011.
To help us improve our services, we would also encourage you to copy the link below and open it to your URL or address locator for you to access and answer the Feedback Survey, for us to know how we assisted/served you.
https://forms.gle/X94UR3zqsJjMQvTPA
Thank you.
Respectfully,
DIVINA N. DAQUIOAG
FOI Receiving Officer
National Telecommunications Commission
