Ople v.

Torres
292 SCRA 141. (1998)
TOPIC: Void for Vagueness/Over breadth
FACTS:
Administrative Order No 308, otherwise known as Adoption of a National Computerized Identification
Reference System was issued by President Fidel Ramos on 12 December 1996.
Senator Blas Ople filed a petition to invalidate the said order for violating the right to privacy.
He contends that the order must be invalidated on two constitutional grounds, (1) that it is a usurpation of
the power to legislate; and (2) that it intrudes the citizens right to privacy.

ISSUE: WON AO No. 308 is void on the ground that it infringes on the right to privacy without due process on the
ground that its guidance on allowable actions is vague

HELD:

Administrative Order No 308 was declared null and void for being unconstitutional.
It is noteworthy that A.O. No. 308 does not state what specific biological characteristics and what particular
biometrics technology shall be used to identify people who will seek its coverage.
Considering the banquest of options available to the implementors of A.O. No. 308, the fear that it threatens
the right to privacy of our people is not groundless.
The indefiniteness of A.O. No. 308 can give the government the roving authority to store and retrieve
information for a purpose other than the identification of the individual through his PRN. The potential for
misuse of the data to be gathered under A.O. No. 308 cannot be underplayed as the dissenters do.
The use of biometrics and computer technology in A.O. No. 308 does not assure the individual of a
reasonable expectation of privacy.