SECTORAL representatives have filed a petition before the Supreme Court challenging the legality of the SIM Registration Law, claming they will “stand to lose fundamental rights with the legislation’s full implementation.”

As temporary relief, the groups asked the tribunal to issue a temporary restraining order pending decision on their petition.

The petitioners include the National Union of Journalists of the Philippines, journalist Ronalyn V. Olea, Lumad leader and former Bayan Muna Partylist representative Eufemia C. Cullamat, BAYAN Secretary-General Renato Reyes Jr., mother of two tokhang victims Llorre Benidicto Pasco, transgender man Dean Matthias Razi Timtiman Alea,

Information technology professional Maded Batara III of Junk SIM Registration Network, fisherfolk leader Alberto Roldan of PAMALAKAYA, peasant leader Danilo Hernandez Ramos of Kilusang Magbubukid ng Pilipinas, and lawyer Michael Christopher de Castro.

In the 59-page petition for certiorari and prohibition, the petitioners argue that the mandatory SIM registration restricts the constitutionally-guaranteed freedom of speech and violates the right against unreasonable searches and seizures and the right to substantive due process.

“We assert the unconstitutionality of the SIM Registration Law which stands to disenfranchise at least 100 million as-yet-unregistered Filipinos,” said Maded Batara III, petitioner and spokesperson of the Junk SIM Registration Network.

“At present, access to communication is directly tied to the freedom of speech, especially as more and more of our lives are migrating to digital space. Requiring registration will heavily restrict this fundamental freedom for many Filipinos who are unable to register due to logistical or privacy concerns.”

The petitioners argued that the SIM Registration Law “conditions the exercise of speech through the use of SIM cards” by imposing a system of prior restraint through mandatory registration. Non-disclosure of the required information results in enforced silence, effectively “turning every citizen into a suspected criminal.”

“The SIM Registration Act is itself a scam because it tricks Filipinos into giving up their rights to speak freely and to remain private,” said Atty. Michael de Castro, one of the lead lawyers and petitioners of the case. “I have no special reason for filing this petition, I am just doing my duty as a citizen and as an officer of the court.”

A group of information technology and computer professionals backed the petition, saying that SIM registration is a huge threat to the data privacy of the common Filipino.

“We support this legal action against the SIM Registration Law on the grounds that it is a blatant intrusion into the sanctity of cellphone users’ homes in the digital space,” said JM Sarmiento, Secretary-General of the Computer Professionals’ Union.

According to the petition, the SIM Registration Law violates the right against searches and seizures by 1) intruding into the reasonable expectation of privacy of Filipinos over their SIM cards; and 2) the law’s compelled disclosure of information which circumvents the requirement of a search warrant.

The petition is the first case seeking legal action against the SIM Registration Law. Registration is set to end next week, on April 26, 2023, unless an extension is approved.

As of April 13, less than 41% of SIM cards have been registered.