Ople v.

Torres

Facts: A.O. No. 308 was issued by President Fidel V. Ramos On December 12, 1996 providing for
a national computerized identification system with the goal of providing convenient way to
transact business with basic service and social security providers and other government
instrumentalities. Petitioner and Senator Blas Ople filed a case seeking to declare the act
unconstitutional, claiming that A.O. No. 308 is not a mere administrative order but a law and
hence, beyond the power of the President to issue.

Issue: Whether the issuance of the President of AO No. 308 is an unconstitutional usurpation of
the legislative powers of the Congress.

Ruling:
Yes. A.O. No. 308 involves a subject that is not appropriate to be covered by an administrative
order. Legislative power is "the authority, under the Constitution, to make laws, and to alter
and repeal them." The Constitution, as the will of the people in their original, sovereign and
unlimited capacity, has vested this power in the Congress of the Philippines. While Congress is
vested with the power to enact laws, the President executes the laws. It establishes for the first
time a National Computerized Identification Reference System. Moreover, even assuming
arguendo that A.O. No. 308 need not be the subject of a law, still it cannot pass constitutional
muster as an administrative legislation because facially, it violates the right to privacy. The act
of promulgating AO no. 308 is an act of legislation rather than enforcement of a law, thus,
should be struck down as unconstitutional exercise of legislative power.