Pros and Cons of

Filipino
Identification
System (FilSys)
Presented by:

De Egurolla, Kevin Marc

Roche, Sherre
Ruiz, Lorenzo
Tangpos, Jaime
Ungab, Junimark

Course:

Bachelor of Laws (LLB) – 1

Presented to:

Atty. Janet U. Dacudao

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 October 3, 2017

Table of Contents

I. Research Statement --------------------------------------- 3

II. Introduction --------------------------------------- 3 - 4

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III. Body --------------------------------------- 5 - 17

II.1 Strengths --------------------------------------- 8 - 11

II.2 Opportunities --------------------------------------- 11 - 14
II.3 Weaknesses --------------------------------------- 14
II.4 Threats --------------------------------------- 14 - 17

IV. Conclusion or Recommendation------------------------------- 18 - 20

V. References --------------------------------------- 21

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 I. Research Statement

The purpose of this research is to distinguish the advantages and disadvantages of

having a unified identification system for all the Filipinos, and whether or not violates any
constitutional rights if be implemented.

II. Introduction

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 Our country has been in the midst of terrorist attack in Mindanao for more than a
month. It is also no doubt that our system of law is not that highly competitive as the other
developed countries such as the United States of America and the United Kingdom.
Crimes that have not been given justice due to unidentified criminals are rampant. Hence,
the government designed and developed the Filipino Identification System or FilSys. The
FilSys will provide an extensive and secure structure to enable the storage of personal to
identify information for citizens residing in the Philippines. It will turn out to be the prime
resource for identity assurance and authentication that will result in the improvement of
authority and management of social, economic and security programs.

However, there are arguments and questions regarding the security aspect of the
Filipino Identification System. The creation of which has been an issue and rejected many
times in our country because of fear that it would pose threats to our national security.
They also contend it would infringe the civil liberties since it would necessitate all the
personal information of an individual such as their photograph, name, birth date, gender,
date of issue, and signature.

Nevertheless, in our Congress today, the proposed Bill No. 12 also recognized as the
“Filipino Identification System Act” had been recently approved by the Committee on
Appropriations on May 23, 2017, in the House of Representatives. 1 Thus, if passed into a
law and enacted, would it be advantageous for all of the Filipinos or would it be a threat to
our safety shortly.

Table 1.0

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STRENGTHS WEAKNESSES

● A unified system. ● No vested rights

● Long-term validity ● Enforces no duty
● Quick and easy transactions ● Gives no protection
● Lower costs ● No creation of office4
● Added convenience
● Crime prevention and added
security2

OPPORTUNITIES THREATS

● In cases of accidents or disasters,

medical workers can check medical ● National security attacks
history through their FilSys ID. ● Violation of rights to privacy3

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● The court orders the data be
disclosed
● Prevention of identity theft and fraud
● Financial inclusion for everyone3

III. Body

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 Almost two decades had passed since the government first commenced the
establishment of a Nationwide Identification Scheme. In 1996, Former Philippine leader
Fidel V. Ramos issued A.O. no. 308 implementing a National Computerized Identification
System. However, the Supreme Court declared it unconstitutional on the ground that
legislative approval is needed.

When then President Gloria Macapacal-Arroyo learned from this reversal, she
issued E.O. no. 420. It mandated all government agencies as well as the GOCCs to
synchronize their identification scheme. The program passed muster. The tribunal
sustained its validity because it applies only to the government that issue identification
cards as part of their functions and it is within the power of the president to promulgate.

It gave rise to the Unified Multi-Purpose ID (UMID) card that issued by SSS, GSIS,
PhilHealth, and Pag-ibig to their members.

The “exclusivity” feature left out millions of Filipino; self-employed, unemployed,

minors and Overseas Filipino Workers (OFWs), from the coverage of our government
identification system.5

Recently, our government is bent on issuing a national identification card to all

Filipinos to ensure the effective implementation of tax safety nets for the poorest families
under the tax reform bill.

In a statement stated by Undersecretary of Department of Finance (DOF) Karl

Kendrick Chua held that the proposed national identification system contains biometric
data, along the information to determine if an individual can enjoy subsidies, discounts and

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tax exemptions under the law, as well as the Tax Reform for Acceleration and Inclusion
(TRAIN) Act.

Included are from medicine, medical care, education, transportation, and other
benefits under the law and as specified under the TRAIN Act.

The Department of Finance (DOF) also consider the possibility of adding Europay-
Mastercard-Visa (EMV) chip in the card to load cash subsidies for persons legally entitled
to such benefits, Chua said.

Once the Congress enacts a law establishing a national identification system, the
issuance of the IDs will be in batches, with senior citizens and persons with disabilities
being the first to receive theirs, he added.

The members of the 5.2 million poorest household in the country will follow. These
are the members who are not yet covered by the conditional cash transfer project of
Department of Social Welfare and Development (DSWD). Chua said that their target is to
provide 105 million Filipinos with the ID within two years of the enactment of the law
mandating the realization of the national identification scheme. 6

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 “The Philippine Statistics Authority (PSA) will issue the ID cards, with the National
Economic and Development Authority (NEDA) providing oversight functions. The DSWD,
meanwhile, will coordinate the various social benefit programs that will put in place under
TRAIN,” Chua said.

He also verbalized that the said ID will replace all other identification cards as
issued by the government, except for passports and driver’s licenses.

The proposed bill will turn out to be the authorized identification instrument by the
citizens of the Philippines that will “consolidate all existing government-initiated
identification systems into one integrated and efficient identification system.” 7

The bill entails all Filipinos living anywhere in the world to record their individual
information into the central scheme to be managed by the Philippine Statistics Authority
(PSA).

Filipinos residing or working overseas are to register for their IDs in the nearest
Philippine consulate in the state where they are staying.

The national identification card would be privileged in any dealings concerning a

person's identity, marital status, birth date, and other personal information.

Thus, the National Identification System can be both advantageous to the Philippine
Government for it will improve the national security of the country and disadvantageous to
Filipino citizens for it will compromise the private life of the individual.

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 In Table 1.0, categorizes the advantages and disadvantages of the proposed system
to its strengths, weaknesses, opportunities, and threats.

The following are the said benefits and non-beneficial effects of the proposed
Identification System to the Filipinos.7

III.1 STRENGTHS

1. An integrated system.

Identification cards provided by the administration shall turn out to be more

dependable as an effect as soon as the identification scheme is rationalized
accordingly. The integrated system will embrace all necessary information
concerning certain individuals so the department won’t have to see further when
acquiring citizen’s information about the social safety numbers as well as other
information such as licensure for driving, permanent address and other details.
Every detail of information needed will be integrated into a single card
respectively.

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 All the necessary details about the resident are related to the national
identification number. From the basic private information such as birth date, as
well as the address and the phone number, the criminal records, and loans, the
identification scheme will give admission to these details to relevant offices and
departments endorsed by the individual.

2. Long-term validity.

In accordance to sec. 4 of this House Bill No. 12 which states that:

“The Filpino Identification (ID) card – Every Filipino, whether residing
ijn the Philippines or Abroad, is mandated to register personal information
required by the ID system, and upon application shall be issued a non-
transferrable Filipino ID card with an ID number that shall be valid for life,
subject to replacement.”8

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 Thus, the holder of the identification card would have a privilege of the said card for
a lifetime.

3. Quick and easy transactions.

Presently, there are already separate IDs from different agencies such as SSS,
PhilHealth, Pag-ibig, and also for other government transactions like the voter
and tax registration. Though it makes logic to have a different identification card
for each different instrumentalities and offices of the government, it would be
realistic, beneficial and well-organized if all are connecting to a valid
identification card.

If the identification scheme is implemented, government agencies and

classified offices will no longer need several identification cards to authenticate
an individual’s identity. Authentication can be done efficiently through the said
system which enclosed with the execution of the National Filipino ID System.

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 From international or domestic airports to national and private financial
institutions, there is no need for the individual to hassle about carrying
numerous of valid identification cards.3

It would be an official document recognized in transactions with national

public agencies and offices, in local government offices, GOCCs, and other
financial institutions such as Landbank, DBP and the like.

The national ID card may also be used to identify voters, schools, and
employees, as well as to avail of senior citizens' benefits. It may also be used for
court, prosecutor, and police clearances, and in banking and financial
institutions.2
Thus, there will be quick and easy transactions within and out of the
government offices.

4. Lower expenditures.

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 Using a single card will reduce the financial weight on the public and the
government. People will only bring one ID and will only have to pay for the
processing only once. Different offices in the government will no longer need to
have several cards made and printed. Hence, the budget intended for the
printing of the said IDs is allocated for other appropriate public projects.

5. Convenience.

The single card will enclose all the information, Filipinos will no longer stress
in carrying several cards when they transact with different Offices and Agencies.
Also, there will be faster identification verification. Hence, the FilSys will
assure a highly secured and strict process of identification. It will be achievable
with the administration’s proposal to install biometric equipment in all of its
appropriate offices. The journey to government offices will be lessening the
burden once the national identification system is in place.

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6. Added security and prevention.

Having an integrated identification scheme with the use of the single card
will also burden on the part of the criminals to circumvent the processing and to
consummate felonies. It is under to its Sec. 10 of this House Bill which states
that:

“Protection Against Unlawful Disclosure Of Information/Records – no person

shall publish, disseminate or give to third parties or entities including
government enforcement agencies any information obtained in connection with
the application for the Filipino ID card, including the use thereof except in the
following cases:

a. When the holder of the Filipino ID card expressly authorizes the

disclosure of such information to a third person, entity or agency;
b. in the event of accident, disaster or fortuities events, when
information on the medical history of the holder such as the blood
type or special medical needs or other relevant information by
medical institutions and health service workers;
c. When the interest of public health or safety so requires; and

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 d. Upon the order of any competent court.” 8

Some details gained as a result of illegal discovery under this Act shall be prohibited
as proof in any criminal procedures against the holder of the identification card. Also,
penalties and sanctions will be imposed on those who use the card fraudulently and
unscrupulously.

III.2 OPPORTUNITIES

The proposed bill emphasizes that the details in the Filipino Identification System
cannot be disclosed to every offices and department the permission of the ID holder.
However, unless it falls under these situations:

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1. During calamities and dangerous events, medical workers can check medical
history through their FilSys ID
2. If the public health or public safety needs the necessary data, it would easily
access the person’s personal information

3. The court orders the data to be disclosed if the interest of State needs it.

4. Prevention of personality burglary and deception

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 It is clear that jointly with the identification scheme, biometric equipment will be
embedded in different governmental offices and agencies. Highly modernized
technology will be used to create assurance that it cannot be duplicated by others.

The chip inserted in the identification card has data linked with an individual
like his biometric facts, facial features, and other distinctive description.

It will prevent personality robbery, particularly in transacting to banks and

other purchasing credit items.

This protection measure may not happen right away, but once the system has
been fully realized and recognized, everyone will surely harvest and appreciate the
safety benefits that come with it.

5. Inclusion of Finances

Accordingly, Rochelle Tomas, the Comprehensive Finance Advocacy Officer

of Bangko Sentral ng Pilipinas (BSP), during convention on Financial Inclusion in the

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 Digital Economy hosted by the ADB stated that, “One of the key barriers to financial
inclusion in the country is the lack of a universal national ID, and private industry
has also identified it as one of the major costs in getting people involved the
financial system”

Presently, BSP has a firm rule when it comes to opening a financial credit
respectively in the state. It needs at least one picture as well as with other pertinent
data of identification. Accordingly, with the national identification system coming to
its execution, it will be convenient for the Filipinos who are jobless to start banking. 3

As Philippine’s identification scheme heads a simplified and computerized method,

people will be benefited from it in many conducts. It will cut the bureaucratic procedure in
government offices as well as it will give several services from the private sector more
inclusions to the Filipinos. Thus, the said system would make daily transactions of Filipinos
less burden.

However, despite the positive purpose of the FilIDS and its good interest to the
Filipinos, there are still Civil Rights Organizations who opposed in passing the bill into law.
One of which is the Gabriela Party-List. They contend that the said system will be sold to
corporations. Also, they argued that it could leak and could be used for militarization
because most of the bureaucracies are now from the armed forces.

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 Meanwhile, the women’s advocacy party-list stated that even though the intent to
make more efficient public services in the Philippines, the system would not “cure the
problems of social service delivery in the country.”

In Southeast Asia, some neighboring countries have been creating their

identification scheme. In Malaysia and Singapore, their citizens and other stable residents
are given with National Registration Identity Card. Likewise; the country of Thailand made
its nationwide ID system where they called it the Population Identification Code, which has
been functioning since 1976. On the other hand, Vietnamese citizens are mandated to have
their form of countrywide identification card called the CMND from Vietnam’s provincial
police department. Moreover, Indonesians have their version of the said system which
embedded RFID chips containing their citizen’s information. 7

III.3 WEAKNESSES

• No vested right
• Enforces no duty
• Gives no protection
• No creation of office

III.4 THREATS

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1. National security attacks

The proposed system is a computerized system that can access all the
information of not only of an individual’s profile and financial statements, but as
well as the State’s overall internal government system. It may likewise include
the incorporated agencies that handle financial matters such as PAG-IBIG, SSS,
Bangko Sentral ng Pilipinas, DBP, and the like. Because of this electronic device
system, this may invade by certain hackers or computer savvy.

The best example of which is the 2016 Bangladesh Bank issue wherein the
bank of Bangladesh was hacked by a foreign individual and carries out $81
million.

Moreover, some opposed groups contend that it would be a dangerous tool

for the nation’s security in which giving easy access for terrorism. It may induce
the terrorists to enter the country by gaining information through general
electronic usage.

2. Violation of rights to privacy

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 Another contention of the civil rights group is the invasion of one’s
private information.

The rights to privacy as such are recognized independently; in itself, it

is worthy of constitutional protection.

As held in the case of Ople vs. Torres which is expressly ruled out that
the constitutional rights of the citizens are violated.

“If we look our legal gaze, we will know that the right of civil liberty is
enshrined in numerous provisions of the Constitution. It is stated in Section
3(1) of the Bill of Rights:

"Sec. 3. (1) the privacy of communication and correspondence shall be

inviolable except upon lawful order of the court, or when public safety or
order requires otherwise as prescribed by law."

Further sides of the right to civil liberties are confined in several

provisions of the Bill of Rights,

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 "Sec. 1. No person shall be deprived of life, liberty, or property
without due process of law, nor shall any person be denied the equal
protection of the laws.

Sec. 2. The right of the people to be secure in their persons, houses,

papers, and effects against unreasonable searches and seizures of whatever
nature and for any purpose shall be inviolable, and no search warrant or
warrant of arrest shall issue except upon probable cause to be determined
personally by the judge after examination under oath or affirmation of the
complainant and the witnesses he may produce, and particularly describing
the place to be searched and the persons or things to be seized.

Sec. 6. The liberty of abode and of changing the same within limits
prescribed by law shall not be impaired except upon lawful order of the
court. Neither shall the right to travel be impaired except in the interest of
national security, public safety, or public health, as may be provided by law.

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 Sec. 8. The right of the people, including those employed in the public
and private sectors, to form unions, associations, or societies for purposes
not contrary to law shall not be abridged.

Sec. 17. No person shall be compelled to be a witness against

himself."4

Civil liberties are confined in our laws. The Civil Code mandates,
"every person shall respect the dignity, personality, privacy, and peace of
mind of his neighbors and other persons" and penalizes various acts by an
individual of interfering and interfering into the confidentiality of the others.
It is as well holds an individual accountable for any reparation for the
infringement of the civil liberties of another person as well as recognizes
other private communications. The Revised Penal Code makes a crime the
violation of confidential information by an officer, the disclosure of trade and
industrial matters, and trespass to dwelling. Violation of privacy is a crime in
special laws such as the Anti-Wiretapping Law, the Act of Secrecy of Bank
Deposit as well as the Code of Intellectual Property. The Rules of Court
acknowledged communication which recognizes the privacy of any necessary
information.

Furthermore, the right to civil liberty is one of the most vulnerable

rights of man existing in society. The threats come from many sources such
as from any government offices, journalists, other employers, social
scientists, etc.9

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 IV. Conclusion or Recommendation

The disadvantages and the advantages of the national identification system have lain
down properly, and even the Congress already passed for second reading. It just means
that the government has seen its possibilities but still subject to questions. Some of those
major flaws of the national identification system are its violation of rights to privacy under
Bill of Rights of the 1987 Constitution, and possible hacking that would cause threats to the
private person and even to our nation.

In this system, it needs that the person's information should be disclosed for easy
access even if it's confidential or not. This information may include the person's full name,
address, contact numbers, family and employment background, government transactions,
and even credit card numbers or bank information.

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 By this, it may be violated the person's privacy wherein even the confidential
information is disclosed, and this may use against him when hacked. It might be a new
easier way for hackers to access private government sites that are possibly connected to
the system. But even though there are disadvantages of the system, it can't be denied that
it's efficient to use for solving crimes with missing suspects. With this, we can lessen
criminal rates, possible avail discounts, and well-organized way to do government
transactions. The flaws of this system will be fixed. The government can strengthen its
security for the assurance of each citizen and lay down the legal agreement that it won't
violate the citizen's privacy. It would protect the citizen and at the same time, the
government.

Furthermore, the national system can be a factor for security growth and surveillance
to the Philippines and will also be beneficial to both the Government and the citizens. The
national ID system can improve national security for the citizens living in the country
because the Government will continue to monitor the law abiding citizens and the
lawbreakers, this way, crimes will be reduced. It can give quick and easy transactions as
unified ID system provided by the Government is a reliable source of affirming one’s
identity. The system can indeed be a huge beneficial project or production for the growth of
the country, but despite all the benefits, there are also disadvantages for such presentation.
The national ID system gives the Government the authority to keep a close eye on the
citizens of the country and encroaches one’s private life; it can benefit lawbreakers in
taking advantage of the system for it has all the information of the citizens. Regardless of
the positive and negative aspects of the system, it is solely up to the country and citizens to
decide what could be best for the country in unifying and securing its people for the
improvement of the country.

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 As a group and as concerned Filipino citizens, we stand with a unified recommendation
that the bill would become a law.

In the present state of the country where war against rebels which accepted the
opposite side of the religion and the wrong premise of a utopian society, we are vulnerable
to all types of attacks both internal and external. This will slowly disintegrate our society
and the homes of each Filipino citizen. The national identification system is of paramount
importance in which ensures that our very existence and future generations of Filipinos
will be upheld and be protected.

Although there are negative sides of the said system, the government can look for
solutions to assure that the system is indeed a necessity for our country. The government
can assure that the system is not capable of hacking through strengthening its security.
This will protect the citizen’s personal information from any harm and at the same time,
protect the nation.

Finally, the Filipino Identification System is really entitled to the benefits of each of the
Filipinos residing not just in the Philippines but as well as living and working outside the
country. Its sole purpose is for the public interest of the government to serve the Filipinos
which is worthy to be benefited.

Thus, it would be best that The Filipino Identification System would soon be executed
and be appreciated by public.

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V. References

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1 Republic of the Philippines House bills and Resolutions, http://www.congress.gov.ph/legisdocs (last accessed September 27, 2017)

2 5 Advantages of Filipino National ID, https://www.pinoy-ofw.com/news/25826-filipino-national-id.html/amp (last accessed September 27, 2017)

3 FilSys: What are the Financial Implications of National ID Ststem?, http://www.imoney.ph/articles/filsys-financial-implications/ (last accessed September

27, 2017)

4 Ople vs Torres, G.R. no. 127685

5 National ID System, http://business.inquirer.net/192804/national-id-system (last accessed September 27, 2017)

6 Government set to implement ID, http://www.philstar.com/headlines/2017/06/17/1710795/government-set-implement- national-id (last accessed

September 27, 2017)

7 Know the Advantages and Disadvantages of having a National ID System, https://www.ecomparemo.com/info/know-the-advantages-and-disadvantages-of-

having-a-national-id-system/ (last accessed September 27, 2017)

8 Rep. Feliciano R. Belmonte, Jr., An Act Establishing the Filipino ID System, http://sc.judiciary.gov.ph/jurisprudence/1998/jul1998/127685.htm (last

accessed September 27, 2017)

9 Isagani A. Cruz & Carlo L. Cruz, Philippine Political Law (2014)

10 Melencio S. Sta. Maria, Jr., Persons and Family Relations Law (6th Edition 2015)

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TASKS GIVEN TO MEMBERS:

De Egurrola, Kevin Marc - Grammar Editor

Roche, Sherre - Editor
Ruiz, Lorenzo - Researcher, Paragraph sequencing
Tangpos, Jaime - Researcher
Ungab, Junimark - Editor

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