SC may review national ID law

MANILA, Philippines — The Supreme Court (SC) may review the new law establishing a single national identification system in the country.

“Yes, a petition may be filed before the court (against the national ID law), but it depends on who has legal standing and on constitutional issues to be raised,” an SC insider told The STAR yesterday.

Militant lawmakers led by Bayan Muna Rep. Carlos Zarate has vehemently opposed the Philippine Identification System Act signed by President Duterte last week and vowed to question the law through a petition before the high court.

The source, who requested anonymity for lack of authority to speak for the Court, said a judicial review on the national ID system may be proper especially since the SC had ruled on the issue in 1998.

“The decision then raised a lot of privacy concerns arising from biometrics,” the insider recalled.

The source, however, pointed out that the July 1998 ruling applied specifically to the specific measure at the time – which was an executive order and not a law passed by Congress like the new Republic Act No. 11055.

The SC ruling, penned by now retired chief justice Reynato Puno, struck down Administrative Order No. 308 issued in December 1996 by then president Fidel Ramos, which mandated the creation of a computerized national ID system. 

The AO, which intended to ease basic services, social security and other government provisions to the public and reduce the number of fraudulent transactions by people abusing government services, was questioned in a petition filed by then senator Blas Ople, who argued that it violated the right to privacy enshrined in the 1987 Constitution and that the creation of a national ID system required a legislative act.

The high court then ruled that the assailed AO violated the separation of powers of co-equal branches since legislation was needed for such measure. It explained that while provisions of AO 308 fell within the purview of executive powers, the government failed to establish compelling state interest for the order and that its implementation was narrowly defined in addressing the interest. 

The SC ruling also held that such AO violated privacy rights protected by the Constitution and its Bill of Rights.

The court insider said the first ground may easily be addressed as RA 11055 is a law passed by Congress, unlike A0 308.

“The challenge now will most likely be on the second ground or the issue on privacy rights. The government will have to establish that the issues in the 1998 case have been addressed by the new law,” the source suggested.

President Duterte addressed concerns on possible violations of privacy and security, saying there is no basis for apprehension over the new ID system as the Philippine Statistics Authority will work closely with the Department of Information and Communications Technology and other concerned agencies.

He explained said that a single and streamlined national identification system is necessary to reduce corruption, avoid fraudulent transactions and enhance governance.

The national ID law aims to integrate the different government IDs so that cardholders will just present one card for all transactions.

Proponents of the bill said the law would cut red tape and provide the public additional protection against terrorism and other security threats.

The card will contain the bearer’s identification system number, full name, sex, blood type, date of birth, place of birth, marital status, address and photo.