TOPIC: Philippines should adopt a National ID system now

1) National ID system
By: Artemio V. Panganiban - @inquirerdotnetPhilippine Daily Inquirer / 12:14 AM June 12, 2016

The Foundation for Economic Freedom (FEF), an organization of eminent economists, recently asked for
the institution of a national ID system to promote inclusive growth, and to safeguard peace and order.
Advantages of ID system. The FEF believes that the national ID system will, among others:
1) promote financial inclusion because it will enable many poor and unbanked Filipinos to open bank
accounts, something not possible without a government-issued ID;
2) help the government identify the beneficiaries of welfare services;
3) deter identity fraud online and offline, thereby enhancing e-commerce; and
4) prevent criminals from faking their identities.

This proposal reminds me of Ople vs Torres (July 23, 1998) and KMU vs Neda (April 19, 2006). In the
first case, the President issued on Dec. 12, 1996, Administrative Order 308 (AO 308) establishing a National
Computerized Identification Reference System for the entire country. This ID system was intended to
reduce, if not totally eradicate, fraudulent transactions in government and private transactions.

Despite the good intentions of the President, the Supreme Court voided AO 308 for being unconstitutional,
it being ultra vires or beyond his powers to issue.

In the second case, Executive Order 420 (EO 420) directed all government agencies and government-owned
and -controlled corporations to adopt a common multipurpose ID system to reduce costs, to provide greater
convenience for those transacting business with the government, and to prevent the use of false names and
identities.

Requirements for constitutionality. In contrast with the first case, the Court, in KMU vs Neda, upheld the
validity of EO 420. Why? Let me quote the answer from its decision, ably written by Justice Antonio T.
Carpio:

EO 420 applies only to government entities that already maintain ID systems and issue ID cards pursuant
to their regular functions under existing laws. EO 420 does not grant such government entities any power
that they do not already possess under existing laws. In contrast, the assailed executive issuance in Ople v.
Torres sought to establish a National Computerized Identification Reference System, a national ID system
that did not exist prior to the assailed executive issuance. Obviously, a national ID card system requires
legislation because it creates a new national data collection and card issuance system where none existed
before.

Equally important, EO 420 limited the data to be collected and recorded under the uniform ID system to
only 14 specific items: 1) name; 2) home address; 3) sex; 4) picture; 5) signature; 6) date of birth; 7) place
of birth; 8) marital status; 9) name of parents; 10) height; 11) weight; 12) two index fingers and two
thumbmarks; 13) any prominent distinguishing features like moles; and 14) tax identification number.

As a guide for legislators, the Court further explained: What require legislation are three aspects of a
government-maintained ID card system. First, when the implementation of an ID card system requires a
special appropriation because there is no existing appropriation for such purpose. Second, when the ID card
system is compulsory on all branches of government [and] on all citizens whether they have a use for
the ID card or not. Third, when the ID card system requires the collection and recording of personal data
beyond what is routinely or usually required for such purpose, such that the citizens right to privacy is
infringed.

Read more: http://opinion.inquirer.net/95163/national-id-system-federalism-102#ixzz4h4W7DujV

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2) National ID system

By: Raul J. Palabrica - @inquirerdotnet

Philippine Daily Inquirer / 11:22 PM May 31, 2015

THE HOUSE of Representatives recently approved on third and final reading House Bill No. 5060 (or the
proposed Filipino Identification System Act) which requires all Filipinos, whether residing in the Philippines
or abroad, to apply for registration and issuance of a national identification card.
The ID card shall bear the cardholders photo, name, signature, birth date, gender, date of issue, serial number
and such other data that may be deemed necessary by the Philippine Statistics Authority.

The card, which is required to be made of tamper-proof security material, shall be non-transferable and valid
for life.

It may be replaced only (a) when a child becomes of legal age at 18 years old; (b) there is a change in name
or family name by virtue of a court order or application of law, such as a woman who adopts her husbands
surname; (c) in case of loss or destruction; and (d) for other revisions deemed necessary by the cardholder,
e.g., changes in facial features due to age or medical intervention.
Filipinos living abroad would have to apply for the card at the Philippine Embassy or consular office nearest
to their place of residence.

The card shall be required for all government transactions, such as, application for drivers license and
passport; availment of benefits from the Social Security System (SSS), Government Service Insurance System
(GSIS), Philippine Health Insurance Corp. (Philhealth), Home Development Mutual Fund (Pag-ibig), and
clearance application with the National Bureau of Investigation, Philippine National Police and the courts.

Legislation

Its been almost two decades since the government first initiated the establishment of a national ID system.

In 1996, then President Fidel Ramos issued Administrative Order No. 308 adopting a National Computerized
Identification System.

Unfortunately, the order was declared unconstitutional by the Supreme Court on the ground that legislative
approval is required for the scheme.

Learning from this reversal, then President Gloria Macapagal-Arroyo issued Executive Order No. 420
requiring all government agencies and government-owned and -controlled corporations to harmonize their ID
systems.

This time, the program passed muster. The tribunal upheld its validity because it applies only to government
agencies that issue ID cards as part of their functions and its issuance is within the power of the president to
promulgate.

The order gave rise to the Unified Multi-Purpose ID Card (UMID) that is issued to the members of SSS, GSIS,
Philhealth and Pag-ibig.

This exclusivity feature has left out millions of Filipinos, i.e., the self-employed, the unemployed, minors
and those working abroad, from the coverage of the government ID system.

Identification

The opposition to the proposed national ID revolves principally on the perceived threat to security and
violation of privacy by the governments collection of personal information.
The bill addresses these issues by imposing penal sanctions on the unlawful disclosure of information and
records obtained in relation to the application for the ID card.

Admittedly, the proposed ID card is susceptible to abuse or misuse by corrupt government officials or the
cardholder himself. And so are many other government licenses, permits or similar documentary issuances.

Even developed countries suffer from the same problem. The only difference is they are able to catch the
guilty parties faster and make them pay for their crimes.

There will always be an evil genius who can come up with ways and means to game a government program
for selfish purposes. But this fact of life should not paralyze the government to inaction.

To address this issue, the bill provides for sanctions for the misuse or abuse of the ID card system.

Although the security and privacy concerns are valid, we should not lose sight, however, of the benefits or
advantages of having a uniform computerized system of identification of Filipino citizens wherever they may
be.

Facilitation

At present, the rule of the thumb on identification in public and commercial transactions is the presentation
of at least two government-issued ID cards that bear the photo of the cardholder.

Until the UMID card came about, a persons government-issued ID cards (depending on his livelihood,
profession or age) would be any or all of the following: SSS, GSIS, Philhealth, drivers license, voters ID,
senior citizen, and Professional Regulation Commission.

For Filipinos who are not qualified to carry any of the ID cards mentioned, the government-issued ID card
available to them is the postal ID issued by the Philippine Postal Corp., the former Bureau of Posts, which
costs at least P400.

Too bad if the person transacting business can present only one government-issued ID card. He would have
to scrounge for another document, for example, a Meralco or PLDT statement of account, to further prove his
identity.
The proposed national ID card is aimed at consolidating all government-issued IDs into an integrated and
credible identification system. Properly used and bearing the security features to make it tamper proof, this
ID card will go a long way in facilitating commercial and government transactions in our country.

With the Lower Houses approval of the bill, the ball is now in the court of the Senate. It can come up with
its own version or adopt the bill in all respects to expedite its enactment into law.

Hopefully, the senators will not sit on it and consign it to the legislative dustbin.

For comments, please send your email to rpalabrica@inquirer.com.ph.

Read more: http://business.inquirer.net/192804/national-id-system#ixzz4h4X6FU8H

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3) Senate Bill No. 1163 - National I.D System

http://www.nenepimentel.org/index.php?do=view&page=bills&id=124
An Act Establishing the Philippine National Identification System
14th Congress of the Philippines)
of the Philippines )
Third Regular Session )
SENATE
S. B. No. 1163
Introduced by Senator Aquilino Q. Pimentel Jr.

EXPLANATORY NOTE
This bill proposes The national identification card which will serve as the official identification of
a Filipino citizen or alien permanent resident dealing with department, bureau, agency, or office of the
government or any government-owned or controlled corporation, firm or establishment, including, but not
limited to government financial institutions.

The national identification card will do away with the need to present other documents required for
identification purposes. It intends to facilitate, for instance, the issuance of passports and other official
documents required by our citizens from the Government. It will make the payment of fees and the
collection of taxes much easier and efficient. Election fraud, which is national scourge, can be eliminated
with the use of a national identification card.

The urgency of the passage of this bill cannot be gainsaid.

AQUILINO Q. PIMENTEL JR.

AN ACT ESTABLISHING THE PHILIPPINE NATIONAL IDENTIFICATION SYSTEM

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. This Act shall known as the National Identification system Act of 2004.

SECTION 2. Duty of the National Statistics Office. Within six (6) months from the approval of
this Act, the National Statistics Office (NSO) shall administer the national identification system specified
in this Act.

SECTION 3. Registration. All citizens and aliens of legal age permanently residing in the
Philippines shall, within one (1) year from the adoption of a national identification system, apply for a
national identification card at the Office of the Local Civil registrar of the city, municipality or province
where they reside.
The parent or legal guardian of a minor or an incompetent person shall file on behalf of the minor
or incompetent person an application with the Office of the Local Civil Registrar of the city, municipality
or province where the minor or incompetent person resides within the same period. Every child born after
the adoption of a national identification registration system by the NSO shall be registered by the parent or
legal guardian of such child within (30) days after the date of his or her birth being born.
No accredited official of a foreign government recognized by the Republic or a member of his
official staff and family unless they are citizens of the Republic shall be required to have a national
identification card.

SECTION 4. Purpose of Identification Card. The national identification card shall serve as the
official identification of a Filipino citizen or alien permanent resident when dealing with any department,
bureau, agency, or office of the Government or any government-owned or controlled corporation, firm or
establishment, including but not limited to government financial institutions. No other official document
shall be required by a government agency of a national identification card holder dealing with it or for the
authentication of any official document that requires the services of notaries public.
 SECTION 5. Form and Content. The national identification card shall contain the following data:
the name, age, date and place of birth, citizenship, name of spouse, residence (both permanent and
temporary), occupation or profession, place of work or office address, thumbprint, signature and the
photograph of its holder. It shall also have a permanent serial number for every national identity card holder.
The information given by every applicant for a national identity card shall be under oath. Anyone
who provides false and misleading information in securing a national identification card shall be liable for
prosecution under the provisions of the Revised Penal Code.

SECTION 6. Change of Personal Status and Residence. Any change in the citizenship, status or
residence of a national identification card holder shall be reported by the card holder to the proper Local
Civil Registrar within sixty (60) days after the change occurs.

SECTION 7. Penal Provisions. Any person who fails to comply with the requirements of this Act
shall be punished with a fine not exceeding ten thousand pesos (P 10,000.00) or imprisonment of not more
than six (6) months, or both, at the discretion of the court.

SECTION 8. Implementing Rules and Regulations. - The NSO shall promulgate such rules and
regulations as are necessary to implement the provisions of this Act.

SECTION 9. Appropriations. The amount of five hundred million pesos (P500,000,000.00) is

hereby authorized to be appropriated out of the funds of the National Treasury not otherwise appropriated
as operating funds of the NSO for this purpose. Thereafter, funds sufficient to carry out the objectives of
the Act shall be appropriated every fiscal year in the General Appropriations Act.

SECTION 10. Repealing Clause. Any provision of law, decrees, orders, rules and regulations
contrary hereto is hereby repealed or modified accordingly.

SECTION 11. Effectivity. This Act shall take effect fifteen (15) days after its complete publication
in the Official Gazette or in at least two newspapers of general circulation, whichever comes earlier.

Approved,

4) The national ID system

A LAW EACH DAY (KEEPS TROUBLE AWAY) By A LAW EACH DAY (KEEPS TROUBLE AWAY)
by Jose C. Sison | Updated October 21, 2002 - 12:00am
The proposed national identification system as a security measure or a "tool" to combat criminality and
terrorism is not a bad idea at all especially at this day and age.To be sure, the plan may also be useful in
facilitating delivery of basic services. In 1996, a similar plan was also adopted.It was denominated as a
"national computerized identification reference system" ostensibly for a purpose that has nothing to do at
all with the problems of national security and criminality confronting the present government although they
were already existing then. But such plan was shot down before taking off the ground. It encountered a lot
of objections because in reality it was likewise designed and adopted as a security measure that gives the
government the "power to compile devastating dossier against unsuspecting citizens."

But this time and at this stage, any objection to the present proposal is premature.It is still on the drawing
boards. The objections raised in the 1996 ID system, that led to its being declared null and void by the
Supreme Court, are either non existent or can still be avoided.

The 1996 "National Computerized Identification Reference System" was invalidated by the Supreme Court
on two main grounds: "one, it is a usurpation of the power of Congress to legislate, and two,it impermissibly
intrudes on our citizenry’s protected zone of privacy."(Ople vs. Torres G.R.127685 July 23,1998)

The Supreme Court(SC) declared the said 1996 ID system as a usurpation of legislative power because it
was adopted only by means of an Administrative Order issued by the President( A.O. 308).According to
the SC,the President can issue administrative orders, rules and regulations only in the exercise of
administrative power.And administrative power is only concerned with the work of applying policies and
enforcing orders as determined by proper governmental organs to enable the President to fix a uniform
standard of administrative efficiency and check the official conduct of its agents.An administrative order is
an ordinance which relates to specific aspects in the administrative operation of the government.The
national ID system established byA.O.308 redefines the parameters of some basic rights of the citizenry
vis-a-vis the State; it imposes a duty on a citizen to get an ID before he can be given the right to deal with
government agencies delivering basic services. So it deals with a subject of general concern or common
interest that should be covered by law enacted by Congress.It can not be covered by a mere administrative
order.

With respect to the present national ID system being proposed, the President has already announced in no
uncertain terms that its adoption needs the act of Congress, not a mere administrative order.So it will not
certainly go the way of the 1996 ID system because the first constitutional objection has been properly
addressed and eliminated.Its adoption will no longer be a usurpation of the Congressional power to legislate.

The second and more important constitutional objection is the violation of the right to privacy. This is the
main concern of Congress as it proceeds in the enactment of the law. According to the SC in the same case
of Ople vs. Torres supra, although a law may have been impelled by a worthy purpose, it must "satisfactorily
show the presence of compelling state interest and it must be narrowly drawn to preclude abuses".
The compelling state interest in the proposed ID system has been openly disclosed.The government has
been honest enough to say that it is designed in the interest of national security, or to put it more bluntly, as
a tool to "crackdown" on crime and terrorism.The government did not conceal its intention despite being
aware that the proposal may encounter objections precisely because of the dangerous tendency to
indiscriminately invoke "national security" to justify abuses.Such openness is therefore a clear sign of its
sincere desire to preclude any abuse; or at least its assurance that the danger of abuse will be properly
addressed and minimized.

In the defunct 1996 ID system, the goal was sugarcoated apparently to forestall possible objections. A.O.
308 was promulgated purportedly (1) to provide our citizens and foreigners with the facility to conveniently
transact business with basic service and social security providers and other government instrumentalities
and (2) to reduce, if not totally eradicate fraudulent transactions and misrepresentations by persons seeking
basic services. Whether these interests are compelling enough is still open to question, according to the SC.
But what is not doubtful is the " broadness,the vagueness, the overbreath of A.O. 308 which if implemented
will put our people’s right to privacy in clear and present danger".

The proposed bill for the planned national ID system must therefore carefully steer clear of the objectionable
features of the previous administrative order on the same subject that was invalidated by the Supreme Court.
And more importantly, it must not breach the inviolable boundaries around the zones of privacy accessible
to every citizen. (To be continued)

5) https://www.pinoy-ofw.com/news/25826-filipino-national-id.html
6)