National Telecommunications Commission

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Phone Unlocking Request Denied

Requested from NTC by Albert Cong at 11:51 AM on Jul 16, 2019.
Purpose: Request for Help in Unlocking Phone
Date of Coverage: 06/19/2019 - 07/16/2019
Tracking no: #NTC-289088447677

Albert 11:51 AM, Jul 16, 2019

On June 19, 2019 I requested my out of line iPhone, which I got from Smart on a postpaid contract, to be unlocked. After after several follow-ups, only today, July 16, 2019, after a follow-up did a get a response from a Kelly Westin, supervisor of Smart's Customer Service Hotline, that my iPhone is not eligible for unlocking because she says NTC, in coordination with Smart, only allowed 2017 purchased  phones and onwards to be eligible for unlocking. My phone was brought by me in November 29, 2016. I asked for a legal basis and she could not provide me. Please provide me legal basis, if any.

Divina 03:00 PM, Jul 16, 2019

July 16, 2019

Dear Albert,

Thank you for your request dated Jul 16, 2019 under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch, for Phone Unlocking Request Denied.

We received your request on Jul 16, 2019 and will respond on or before Aug 06, 2019 11:51:21 AM, in accordance with the Executive Order's implementing rules and regulations.

Should you have any questions regarding your request, kindly contact me using the reply function on the eFOI portal at, for request with ticket number #NTC-289088447677.

Thank you.


Divina Daquioag
FOI Officer

Deputy Commissioner Edgardo 10:30 AM, Jul 31, 2019

July 31, 2019

Dear  Atty. Albert Cong,


Thank you for your request dated Jul 16, 2019, 11:51:21 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch.

Your Request was :

Request for Phone Unlocking was denied.

Response to Request :

Your FOI request was forwarded to the Consumer Welfare and Protection Division (CWPD) of this office for appropriate action. However, it was reviewed and it was advised that the SMART Center representative is now in the process of working out your concern. Likewise, as per the CWPD staff email conversation with the SMART Representative forwarded to us, you are now coordinating with each other. 

For further information and guidance with your concern, we attached a copy of the Memorandum Circular No. 01-09-2019, Subject: Rules and Regulations on Unlocking of Mobile Phones and Devices issued by the National Telecommunications Commission.

Besides, you have the right to request a review of your concern.

If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to:

Commissioner, National Telecommunications Commission
BIR Road, East Triangle, Diliman, Quezon City

Your review request should explain why you are dissatisfied with this response and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request.

If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22
 (s. 2011).

Thank you for filing your concern at NTC FOI Portal!


Deputy Commissioner Edgardo Cabarios
FOI Decision Maker


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