Ople v.

Torres
July 23, 1998 | Puno, J.
Requisites of Judicial Review  Proper Party: Legislative Standing

Doctrine: For legislators to possess the standing to sue, there must be a claim that the
act being questioned/challenged infringes on their rights and/or powers as legislators.

Case Summary: On December 12, 1996, President Fidel V. Ramos issued

Administrative Order No. 308 (Adoption of a National Computerized Identification
Reference System) which aims to establish a computerized system to properly identify
citizens seeking basic government services and social security in order to prevent
fraudulent transactions and misrepresentations. Petitioner Blas F. Ople, a senator, filed
a petition to challenge the constitutionality of the A.O., arguing that (1) it is a usurpation
of the Congress’ legislative powers and (2) it is a violation of the right to privacy.

Facts:
 January 22-23, 1997 – A.O. 308 was published in newspapers of general circulation
 January 24, 1997 – Senator Blas F. Ople filed a petition for the issuance of a TRO
on the implementation of A.O. 308.
 The respondents: Executive Secretary Ruben Torres, along with the heads of
government agencies who are also members of the Inter-Agency Coordinating
Committee (list of members listed in Sec. 2, A.O. 308)
 Petitioner Ople:
1) The issuance of the A.O. by the President is unconstitutional because the
implementation of a national identification system requires a legislative act
which is a power conferred upon the Congress (Sec. 1, Art. VI, Constitution)
 A.O. 308 is a law; not a mere administrative order.
2) The appropriation of public funds by the President for implementing the
A.O. is unconstitutional because the appropriation of those funds is an
exclusive right of the House of Representatives (Sec. 24, Art. VI,
Constitution)
3) The implementation of the A.O. lays the groundwork for a system violates
the Bill of Rights.
 Respondents:
1) Petitioner has no legal interest to uphold. The petition is not a justiciable
case that warrants a judicial review.
2) The A.O. was issued within the executive and administrative powers of the
President.
3) Funds for implementation of the A.O. may be sourced from the budget of
agencies involved therein.
4) The A.O. protects an individual’s interest in privacy.
Issues:
1. *Whether or not petitioner Ople has legislative standing to sue (as a senator, as a
taxpayer and as a member of GSIS) – YES.
2. Whether or not the issuance of A.O. 308 by the President is a usurpation of the
legislative power of the Congress. – YES.

Ruling:
 *Petitioner has legislative standing to bring suit.
o As a distinguished member of the Senate, Ople possesses the requisite to
sue on the ground that the President’s issuance of A.O. 308 is a usurpation
of legislative power, which is constitutionally conferred upon the Congress.
o As a taxpayer and member of the GSIS, he can also challenge the legality
of the appropriation of funds and misuse of GSIS funds to implement the
A.O.

 A.O. 308 deals with a subject that should be covered by law, not an administrative
order.
o An A.O. is an ordinance issued by the President relating to specific aspects
in the admin. operations of government (Sec. 3, Ch. 2, Book III, Admin.
Code of 1987)
o The A.O. establishes for the first time a national computerized identification
system which requires adjustment of state policies & redefines the
parameters of some basic rights of our citizenry.
 Under A.O. 308, citizens will be unable to refuse to get the
contemplated identification card because without one, they cannot
transact business with gov’t agencies.
o Regulations are not substitute for the general policy-making that Congress
enacts in the form of a public law.
o The authority to prescribe rules and regulations is not an independent source
of power to make laws.

 The issuance of A.O. 308 is a violation of the right to privacy (Sec. 3, Art. III,
Constitution) as it pressures the people to surrender their privacy by giving
information about themselves on the pretext that it will facilitate delivery of basic
services. It gives the government the power to compile info archive against
unsuspecting citizens.

Disposition: Petition is granted. A.O. 308 is declared null and void for being
unconstitutional.

(A/N: The ratio part on the issue of legislative standing is really short. :( The core
discussion of the case is really on the right to privacy.)
Notes:

Separate Opinion, Vitug, J. – voted for the nullification of the A.O. for being an undue
and impermissible exercise of legislative power by the Executive.

The subject covered by A.O. 308 can have consequences on individuals’ liberty and
privacy. This makes it appropriate to have the matter addressed by the Congress as the
policy-making body of the gov’t, to which the task should initially belong and to which the
authority to formulate and promulgate that policy is constitutionally lodged.

Separate Opinion, Panganiban, J. – An executive issuance is not legally sufficient to

establish an all-encompassing computerized system of identification in the PH. It is beyond
the powers of the President to regulate without a legislative enactment.

Dissenting Opinion, Kapunan, J. – petition should be dismissed.

- A.O. 308 was promulgated by the President pursuant to the quasi-legislative powers
expressly granted to him by law and in accordance with his duty as administrative
head.
- The A.O. does not create any substantial controversy that would warrant judicial
intervention. It merely provides the general framework of the reference system and
standards for its creation.
- Although petitioner Ople assails A.O. 308 on the ground that it violates the right of
privacy, he claims no personal injury suffered as a result of the Order. Instead, he
says he is bringing the action as:
o a senator
 no power of the Congress is alleged to have been impaired by the
Order
 the President did not exercise legislative power because he acted on
the basis of his powers as administrative head of the government (as
distinguished from his capacity as the executive)

o a taxpayer
 but A.O. 308 does not involve the exercise of the taxing/spending
power of the gov’t

o a member of GSIS
 but SSS & GSIS do not receive budgetary support for the gov’t as
they have achieved self-supporting status such that the contributions
of their members are sufficient to finance their expenses
 SSS & GSIS charters authorized them to disburse funds without the
need for a separate appropriation from the Congress (R.A. 1161, as
amended Sec. 25; P.D. 1146, as amended, Sec. 29).
 ADMINISTRATIVE ORDER NO. 308 - ADOPTION OF A NATIONAL
COMPUTERIZED IDENTIFICATION REFERENCE SYSTEM

WHEREAS, there is a need to provide Filipino citizens and foreign residents with the
facility to conveniently transact business with basic services and social security providers
and other government instrumentalities;

WHEREAS, this will require a computerized system to properly and efficiently identify
persons seeking basic services and social security and reduce, if not totally eradicate,
fraudulent transactions and misrepresentations;

WHEREAS, a concerted and collaborative effort among the various basic services and
social security providing agencies and other government instrumentalities is required to
achieve such a system;

NOW, THEREFORE, I, FIDEL V. RAMOS, President of the Republic of the Philippines,

by virtue of the powers vested in me by law, do hereby direct the following:

Section 1. Establishment of a National Computerized Identification Reference System. —

A decentralized Identification Reference System among the key basic services and social
security providers is hereby established.

Sec. 2. Inter-Agency Coordinating Committee. — An Inter-Agency Coordinating

Committee (IACC) to draw-up the implementing guidelines and oversee the
implementation of the System is hereby created, chaired by the Executive Secretary, with
the following as members:
Head, Presidential Management Staff
Secretary, National Economic Development Authority
Secretary, Department of the Interior and Local Government
Secretary, Department of Health
Administrator, Government Service Insurance System
Administrator, Social Security System
Administrator, National Statistics Office
Managing Director, National Computer Center

Sec. 3. Secretariat. — The National Computer Center (NCC) is hereby designated as

secretariat to the IACC and as such shall provide administrative and technical support to
the IACC.

Sec. 4. Linkage Among Agencies. — The Population Reference Number (PRN) generated
by the NSO shall serve the common reference number to establish a linkage among
concerned agencies. The IACC Secretariat shall coordinate with the different Social
Security and Services Agencies to establish the standards in the use of Biometrics
Technology and in computer application designs of their respective systems.
Sec. 5. Conduct of Information Dissemination Campaign. — The Office of the Press
Secretary, in coordination with the National Statistics Office, the GSIS and SSS as lead
agencies and other concerned agencies shall undertake a massive tri-media information
dissemination campaign to educate and raise public awareness on the importance and use
of the PRN and the Social Security Identification Reference.

Sec. 6. Funding. — The funds necessary for the implementation of the system shall be
sourced from the respective budgets of the concerned agencies.

Sec. 7. Submission of Regular Reports. — The NSO, GSIS and SSS shall submit regular
reports to the Office of the President, through the IACC, on the status of implementation
of this undertaking.

Sec. 8. Effectivity. — This Administrative Order shall take effect immediately.

DONE in the City of Manila, this 12th day of December in the year of Our Lord, Nineteen
Hundred and Ninety-Six.