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ISSUES: Whether or not A.O. No. 308 encroaches on the law-making power of the legislative department; whether or not A.O. No. 308 infringes the peoples right of privacy. HELD:A.O. No. 308 involves a subject that is not appropriate to be covered by an administrative order. An administrative order is an ordinance issued by the President which relates to specific aspects in the administrative operation of government, It must be in harmony with the law and should be for the sole purpose of implementing the law and carrying out the legislative policy. It cannot be simplistically argued that A.O. No. 308 merely implements the Administrative Code of 1987 for the former establishes for the first time a National Computerized Identification Reference System. Nor is it correct to argue that A.O. 308 is not a law for it confers no right, imposes no.duty, affords no protection, and creates no office. Under the assailed administrative order, a citizen cannot transact business with government agencies delivering basic services to the people
without the contemplated identification card. Thus, without the ID, a citizen will have difficulty exercising his rights and enjoying his privileges. Given this reality, the contention that A.O. No. 308 gives no right and imposes no duty cannot stand. Regarding the right of privacy, it is a right recognized and enshrined in the several provisions of our Constitution, and in our laws. Hence, it is the burden of government to show, that A.O. No. 308 is justified by some compelling state interest and that it is narrowly drawn. To note, what is not arguable is the broadness, the vagueness, the overbreadth of A.O. No 308 which if implemented will put our peoples right to privacy in clear and present danger. It is noteworthy that A.O. No. 308 does riot state what specific biological characteristics and what particular biometrics technology shall be used to identify people who will seek its coverage; it does not state whether encoding of data is limited to biological information alone for identification purposes; and it does not state in clear and categorical terms how theses information gathered shall be handled. The A. 0. speaks of computer linkage which will give other governmental agencies access to the information. Yet, there are no controls to guard against leakage of information. The possibilities of abuse and misuse of the PRN, biometric and computer technology cannot be downplayed.