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The Supreme Court ruled that Administrative Order 308, which established a national computerized identification reference system, was unconstitutional as it resembled a law but was issued by the President instead of Congress and violated privacy rights. While the goal of facilitating transactions was valid, the order was overly broad in scope and lacked sufficient privacy protections, therefore requiring legislative authorization rather than executive action alone. Various justices dissented on grounds that the issue was premature or that privacy concerns could be addressed later during implementation.
The Supreme Court ruled that Administrative Order 308, which established a national computerized identification reference system, was unconstitutional as it resembled a law but was issued by the President instead of Congress and violated privacy rights. While the goal of facilitating transactions was valid, the order was overly broad in scope and lacked sufficient privacy protections, therefore requiring legislative authorization rather than executive action alone. Various justices dissented on grounds that the issue was premature or that privacy concerns could be addressed later during implementation.
The Supreme Court ruled that Administrative Order 308, which established a national computerized identification reference system, was unconstitutional as it resembled a law but was issued by the President instead of Congress and violated privacy rights. While the goal of facilitating transactions was valid, the order was overly broad in scope and lacked sufficient privacy protections, therefore requiring legislative authorization rather than executive action alone. Various justices dissented on grounds that the issue was premature or that privacy concerns could be addressed later during implementation.
Torres ● Infringed on Congress’ right to (2) Eradicate fraud by avoiding
G.R. No. 127685 | July 23, 1998 appropriate funds duplication of services Supreme Court (3) AO 308 will violate the bill of rights (3) Generate population data for dev’t planning PETITIONER: Blas Ople Respondents counter-argue: The ff. Cases are not on point with the RESPONDENTS: Ruben D. Torres, Alex (1) instant petition is not a justiciable case case at bar Habito, Robert Barbers, Carmencita (2) AO 308 was issued within exec. And ● Anti Graft and Corrupt Practices Reodica, Cesar Sarino Renato Valencia, administrative powers of the president (Act RA3019) → but court said Tomas Africa, Head of the Natl Computer w/o encroaching on the leg. Powers of this is different because the law Center and Chairman of the Commision on Congress was enacted for morality in public Audit (3) funds for the implementation of the administration reference system may be sourced from → RA 3019 is clearly stated and is statute concerned agencies’ budget NOT an admin order (4) AO 308 protects an individual’s interest ● Controlled Substances Act 1972 in privacy Record of the names of persons who FACTS obtained certain drugs with possibility of ● Sen. Blas Ople filed a PETITION Court said: abuse → statute did not pose a grievous to the SC to review a decision of Petitioner Ople has standing as a Senator threat to establish a consti violation the Exec. Sec. & Members of the can question issuance of the AO → orderly and rational legislative decision: Inter-agency coordinating As taxpayer and member of GSIS, he can Specified who can access data committee question the legality of the use of public Procedure and reqs for retrieval of ● A TRO was issued to enjoin the funds information was clear in the provisions implementation of AO No. 308 Action not premature because the → as compared to A.O. 308 these were committee has begun the AO’s not laid out implementation already without waiting for Petitioner’s Arguments: the rules (1) Establishment of Nat’l Computerized SSS already issued a notice to bid for the ISSUE Identification Ref. System requires a National ID card ● W/N the A.O. 308 is not a mere legislative act administrative order but a law. ● Unconstitutional since president SolGen argues that the Court should Did the president exercise a legislative was the one who issued this validate the A.O. because of the rational power belonging to the Congress? (2) Appropriation of public funds by the relationship test on the ff. Grounds ● W/N A.O. 308 establishes a president (1) Streamline and speed up the system of identification that is all- ● unconstitutitonal implementation of basic gov’t encompassing in scope and will services violate the citizen’s right to privacy. The court does not discredit the value of > Primer given by SSS mentions that the JUDGMENT technology, however, the A.O. should be ID is voluntary, will just standardize ID ● Yes. A.O. 308 resembles a law backed with proper safeguards and well- cards for SSS and GSIS because it establishes a Nat’l defined standards to prevent mishaps and > quasi-legislative power of President Computerized ID Reference abuse of privacy. comes in System for the first time; as such, > issue is still unripe, Inter-Agency will require a delicate adjustment DICTA Coordinating Committee is not yet fully of various contending state established policies. (primacy of national SEPARATE OPINION > essential guidelines not yet laid out, no security, extent of privacy interest) Romero (concur) need to fear advanced Biometrics ● Yes. A.O. 308 violates the No to “Big Brother” / authoritarian rule technology because it will be used only for constitutional right to privacy. (cites > however, the word privacy is not in the basic services and to reduce fraudulent penumbra of the bill of rights from lexicon of Filipinos transactions Griswold v. Connecticut) > cites that SolGen says that the SSS and GSIS are already self-sustaining; expenses-wise Vitug: > President has administrative powers to Administrative Orders: > cannot give the discretion to enforcers if make sure laws are enforced > acts of the president which relate to the provisions are unclear particular aspects of gov’t operation On the issue of illegal transfer of > should be in harmony with the law Panganiban: appropriations: > Concur with AO 308 going beyond exec. Member agencies are the ones Legislative power is the authority under the Powers implementing this Constitution to make laws, and to alter > dissent with the issue of privacy: > supplies and materials system for the and repeal them. Topic is still unripe / speculative because it improved ID card is until after the Congress passes it into a President has the power to execute the law when they can scrutinize the provisions Mendoza: laws. through a proper petition > A.O. involves the all-important Duty to supervise enforcement of laws freedom of thought DISSENTING OPINION > redefines parameters of basic rights HOLDING (RATIO) of our citizenry ● Petition granted. Kapunan: ● A.O. 308 declared null and void > ID will aid in facilitation of public for being unconstitutional transactions; speed up > A.O. 308 is not law because it confers no right, imposes no duty, affords no protection and creates no office
Majority argues that → a citizen cannot
transact business with gov’t without the ID card > citizen will have difficulty exercising rights and enjoying his privileges