Professional Documents
Culture Documents
YEAR: 2016
when he or she reaches legal age. Depending on the purpose for which the ID
system was built, some countries include not only their citizens but also foreign
some other countries. The Philippines is only one of those few countries that do
not have this National Identification System. But, several proposals though varied
1
Senate Economic Planning office Policy insights dtd December 2005, the article entitled National
Identification System :Do we need one ,November 15, 2016,09:30PM.
1
Currently, in the Philippines Congress has proposed several House Bills
and Senate Bills on National Identification System that are still pending. The
study will focus on the assessment on the merits and potential hindrances of its
2
ACKNOWLEDGEMENT
The author would like to express her gratitude to the following persons
who helped, support and inspired in making this thesis: Judge Maricel
Magpantay-Ng, The authors professor in Legal Research for her patience and
Dean Emeritus Hernando B Perez, Dean Hernando S Perez Jr., and all
the Professors and Faculty members of the University of Batangas College of law
for inspiring and motivating the author to strive harder to pursue this noble
profession.
To all my Classmates in JD1-A, for being a solid class and motivation and
perseverance to continue the Law School, to the Philippine Air Force, for allowing
3
To my beloved Parents, brothers and sister, who were always to support
and love me. Most of all to my savior the, Almighty GOD for all this blessings in
my life.
4
TABLE OF CONTENTS
ABSTRACT.
ACKNOWLEDGEMENT
TABLE CONTENTS.
CHAPTER I: THE PROBLEM AND ITS BACKGROUND1
5. Definition of terms3
6. List of acronyms5
A. Related literature.6
A. Research Design23
A. Findings...28
B. Conclusion..28
C. Recommendations.29
5
BIBLIOGRAPHY
6
Chapter I
THE PROBLEM AND ITS BACKGROUND
In 1996, then President Fidel Ramos issued Administrative Order No. 308
legislative approval is required for the scheme. Learning from this reversal, then
President Gloria Macapagal-Arroyo issued Executive Order No. 420 requiring all
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
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
Nationalization of the ID system for the convenience not only by the government
Based on the studies, existing laws and proposed bill the study will focus
2
National ID System by Raul J Pajabrica of Philippine Daily Inquirer,11:22PM dtd May 31, 2015.
http://business.inquirer.net/192804/national-id-system
7
on the merits and potential hindrances arising from the system of implementation
The aim of the study is to explore the merits of the National Identification
following questions:
4. Based from the study what are the resources can be proposed?
hindrances in consideration with the existing bills and related laws. This Study
will be identified to the following with the existing bills and related laws. This
Study will also specifically of significance to the public, legislators and future
researchers;
8
regarding the merits and hindrances that may arise in the implementation of the
only their own interest but also the interest of the people of the state and the
government.
The scope of the study will be limited on the merits and potential
hindrances study assumed that the national ID system will be an effective tool on
its implementation in connection with the existing issues and proposed bills in by
the senate and the congress of the Philippines and international laws on national
identification system.
4. Definition of terms
number that shall be valid for life, subject to replacement only under the following
circumstances:
9
(a) When a child reaches the legal age of eighteen (18) years old; (b) When there
law, such as a married woman adopting the surname of the husband; (c) For lost
or destroyed ID card; (d) For other revisions that may be deemed necessary by
the cardholder such as changes in the facial features due to age or medical
intervention. Filipino cardholders upon reaching the age of sixty (60) years old
are required to renew their Filipino ID card, free of charge. The Filipino ID card
shall be made of tamper-proof security material. It shall have on its face the
Statistics Authority (PSA), and such other data as may be deemed necessary.
The Filipino ID card shall also have the capability to store at least the biometric
data of the individual cardholder. The initial application and issuance of the
Filipino ID card shall be free of charge as part of the governments social service
details for applicants with preexisting government issued identification card shall
The identification system shall provide official identification system of all citizens
Identification Card (Filipino ID card). It shall gradually concert and consolidate all
10
Government-initiated identification system into one integrated and efficient
identification system.
5. List of Acronyms
11
Chapter II
and on the merits and potential hindrances based on the implementation of the
National Identification Card System. The bills proposed by the Senate and the
House of Congress of the Philippines from the 14th Congress up to the present
17th Congress will be discussed also in this chapter. The studies are arranged In
order based on its making in order for the reader to have a view on this National
A. RELATED LITERATURE
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
purpose that has nothing to do at all with the problems of national security and
existing. But such plan was shot down before taking off the ground. It
12
adopted as a security measure that gives the government the "power to compile
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
privacy."(Ople vs. Torres G.R.127685 July 23,1998). The Supreme Court (SC)
( A.O. 308).According to the SC, the President can issue administrative orders,
administrative power is only concerned with the work of applying policies and
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
3
National ID System by Jose C Sison dated October 21,
2002,http://www.philstar.com/opinion/180739/national-id-system
13
delivering basic services. So it deals with a subject of general concern or
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
second and more important constitutional objection is the violation of the right to
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
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
"crackdown" on crime and terrorism. The government did not conceal its intention
despite being aware that the proposal may encounter objections precisely
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
4
National ID System by Raul J Pajabrica of Philippine Daily Inquirer,11:22PM dtd May 31, 2015.
http://business.inquirer.net/192804/national-id-system
14
In the defunct 1996 ID system, the goal was sugarcoated apparently to
provide our citizens and foreigners with the facility to conveniently transact
business with basic service and social security providers and other government
interests are compelling enough is still open to question, according to the SC. But
what is not doubtful is the " broadness, the vagueness, the over breath of A.O.
308 which if implemented will put our peoples right to privacy in clear and present
danger".5
The proposed bill for the planned national ID system must therefore
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
system makes it a contentious measure. The following are some of the issues
raised and the debate between those who support its implementation and those
5
Ibid
6
Ibid
15
Civil libertarians and human rights activists reject the idea of a national ID
card based on three reasons: functionality creep, the potential for misuse due to
identity fraud, and the privacy issue. The common denominator that runs through
these arguments is the extent through which the government would hold power
sword because it can suffer from functionality creep which means it can serve
purposes other than its original intent. Thus, even if the original rationale for an
the Rwanda genocide in 1995 was facilitated by the use of ID cards. Newspaper
state the purpose of its implementation, critics believe that this is not a
implemented is not static, hence the potential for abuse is very great.
implications. Critics argue that the potential for abuse and invasion of privacy is
even greater with the use of biometrics since it is vulnerable to identity fraud. The
research claims that facial recognition and iris scanning can sometimes be
16
defeated by presenting a picture of someone elses face or iris (CRS,2005).
Activists on the other hand, are more concerned with information security such
machines enhances data security and enables citizens to have control of the
data they wish to reveal. In addition, they claim that identity fraud and disclosure
can be prevented by investing in technology that will ensure the integrity of the
system and minimize the potential for misuse. They also argue that laws can be
enacted that can establish the rules on access, data storage and disclosure
Aside from the issue of misuse, ID system opponents believe that the idea
right to privacy. They say that a government intruding in the affairs of citizens is
dangerous and has dire consequences for social order. Moreover, the extent of
of an ID system, on the other hand, contend that people who do not violate laws
have nothing to hide and should therefor have no reason to fear a government
7
Senate Economic Planning office Policy insights dtd December 2005, the article entitled National
Identification System :Do we need one .
17
3. Fighting Terrorism
combatants, states realized that new measures must be employed to counter the
ID systems is the United States. For so long, according to the Electronic Privacy
opposed by privacy groups. In fact, moves to expand the use of the Social
Security Number was consistently rejected in the 1970s and 80s. The Social
Security Number (SSN) which was established in 1936 was created specifically
purposes for the SSN. For instance, in 1961 the Civil Service Commission
started to use Social Security numbers to identify all federal employees. In 1962
18
Administration (SSA) disclosed Social Security numbers to the private sector until
The advent of the information technology revolution paved the way for the
many uses of the Social Security number. According to a 1995 study by the Cato
Institute, despite a provision in the 1974 Privacy Act prohibiting other uses of the
insurance, employment and drivers licenses that it has technically become a sort
administration, a health security card was proposed but was also shelved even
the US that the security environment has changed. In fact the survey group Pew
Research Center showed that the ID system has gained the support of majority
and e-mails still remains a ticklish issue. Likewise, The Oracle Chair, days after
the 911 incidents, urged the US government to install an ID system and offered
his companys software services free of charge. But even then, the Bush
approved by the US Congress in the aftermath of September 11, sought for the
development of biometric technology that can scan visa applicants. It was in May
2005 that a de-facto ID system was signed into law by President Bush. The
19
approved card to people living and working in the US. Under the law, people
living and working in the US will have to apply, through their state motor vehicle
effect replaces the old drivers license. In essence, it aims to re-issue the drivers
federal agency. Data to be contained in the card include name, birth date, sex,
allowed under the measure to add other features of the ID such as retinal scan or
card.
What makes the ID unique from the previous drivers license is its
state. Some states employ bar codes while others have magnetic strips. Some
do not have both. This discourages enterprises such as banks and airlines from
using this in their client transactions since this will not contribute to efficiency.
However, with a uniform ID, Barry Steinhardt, director of the American Civil
Liberties Unions technology and liberty program, says: Its going to result in
everyone, from the 7-Eleven store to the bank and airlines, demanding to see the
ID card. Theyre going to scan it in. Theyre going to have all the data on it from
the front of the card...Its going to be not just a national ID card but a national
database.8
8
Senate Economic Planning office Policy insights dtd December 2005, the article entitled National
Identification System :Do we need one .
20
5. Crime Prevention
immigration, crime and tax fraud. Because of the technology and data-driven
supporters claim that the notion that citizens are being observed will enhance
public order and as such decrease opportunities for crime (LSE, 2005). However,
opponents belie this claim. The London School of Economics study on the
viability of the proposed ID system in the United Kingdom points out that the
Nonetheless, using crime trends across Europe from 1995-1999, the LSE
observed that there are fewer crimes in countries without ID cards (LSE,
reading House Bill No. 5060 (or the proposed Filipino Identification System Act)
9
Ibid p.6
21
sanctions on the unlawful disclosure of information and records obtained in
corrupt government officials or the cardholder himself. And so are many other
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.11
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
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
With the Lower Houses approval of the bill, the ball is now in the court of the
10
National ID System by Raul J Pajabrica of Philippine Daily Inquirer,11:22PM dtd May 31, 2015.
http://business.inquirer.net/192804/national-id-system
11
Ibid
12
Ibid
22
Senate. It can come up with its own version or adopt the bill in all respects to
citizens and foreign residents with the facility to conveniently transact business
with basic services and social security providers and other government
efficiently identify persons seeking basic services and social security and reduce,
concerted and collaborative effort among the various basic services and social
13
Ibid
14
Senate Economic Planning office Policy insights dtd December 2005, the article entitled National
Identification System :Do we need one .
15
E.O. No. 408 dated 12 December 1996 by President Fidel V Ramos
23
3. EXECUTIVE ORDER No. 420 dated April 13, 2005 issued by
their ID systems, and authorizing for such purpose the Director General National
Economic and Development Authority to implement the same and for other
purposes.
4. Ople v Torres G.R. No. 127685 July 23, 1998 the case is a
Congress to legislate, and two, it violates the right to privacy. The Supreme Court
unconstitutional.
5. KMU v Director General NEDA G.R. No. 167798 dated April 19,
2006.- On the Alleged Infringement of the Right to Privacy All these years, the
GSIS, SSS, LTO, Philhealth and other government entities have been issuing ID
complaints from citizens that the ID cards of these government entities violate
their right to privacy. There have also been no complaints of abuse by these
data.16
16
KMU V Director General NEDA, G.R. No. 167798, dated April 19, 2006
24
The existing multiple identification systems in government have created
There is urgent need to streamline and integrate the processes and issuance of
identities.18
Sept 2014 by Rep. Marlyn L Primicias- Agabas and Rep.Al Francis Bichara
policy of the State to promote a just and dynamic social order that shall ensure
the prosperity and independence of the nation and free the people from poverty
through policies that provide adequate social services and improved quality of life
for all. Towards this end, an effective identification system is hereby established
17
Ibid
18
Ibid
25
7. S.B. No. 1163- (National Identification system Act of 2007).
SECTION 2. Duty of the National Statistics Of$ce. - Within six (6) months from
the approval of this Act, the National Statistics Office shall administer the national
identification system specified in this Act. This bill proposes the national
identification card which will serve as the official identification of a Filipino citizen
national identification card will do away with the need to present other documents
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
services to all Filipinos. The new identification system will be issuing a Filipino
Identification Card that would serve as the official identification for all citizens of
the Republic of the Philippines. This Filipino ID Card will be provided to all
26
The Filipino ID system aims to reduce the red tape in government
and simplifying the processes involved in public and private services. Among
other uses, it will be honored in all transactions with the government requiring the
bureaucracy, red tape, and wasted time involved in procuring and releasing each
and its citizens. This also hinders the timely delivery of public services to ordinary
Filipinos who bear the opportunity cost of applying and waiting for their IDs.
pursuit to provide high quality social services to all Filipinos in an effective and
timely manner, we must take the necessary steps in unifying the identification
system which will allow us to have better control and more efficient interaction
between citizens and the government.This bill seeks to establish a unified Filipino
27
Identification System, to be implemented by the Philippine Statistics Authority
(PSA). The PSA will manage the Filipino Citizen Registry - a master database of
all registered Filipinos. Every Filipino citizen, including those born or residing
overseas, will be assigned a unique Common Reference Number at birth and will
only be required to renew this ID upon reaching the age of majority and again
upon reaching the age of 60. This ID shall be used as the sole required
benefit from a thorough database of information on Filipino citizens. This will also
pave the way to more effective ways of delivering government services such as
anti-poverty programs and other social services to improve the quality of life for
all.19
19
S.B.No 917 by Senator Benigno Bam Aquino IV. 17 th Congress of the Philippines First Regular session.
28
Chapter III
METHODOLOGY
the Data and reference sources, collection techniques and analytical statement
of data.
Research Design
This study was conducted in order to assess the merits and potential
necessary data, the researcher utilized the descriptive method, using qualitative
approach. Herein, the information were gathered from the relevant literatures,
cases, proposed bills and existing local national and international laws. were also
quality of the research design, data collection, data management, and data
analysis. This chapter will be dedicated to the description of the methods and
procedures done in order to obtain the data, how they will be analysed,
interpreted, and how the conclusion will be met. This section is to justify the
means in which the study was obtained and will help in giving it purpose and
strength as it will then be truthful and analytical. All these will help in the
present condition. Relatively, the method is appropriate to this study since it aims
The researcher opted to use this kind of research considering the desire to
acquire first hand data from the bills, cases and existing laws which are sources
formulate rational and sound conclusions and recommendations for the study.
30
Chapter IV
ANALYSIS AND INTERPRETATION OF DATA
congress notwithstanding the rights of every person to privacy and based on the
appropriations act in accordance with our existing laws and the constitution.
Upon implementation of the said law the proper government agency which shall
be responsible for the implementing rules and regulations as well as its issuance.
limits the data to be collected and recorded under the uniform ID system to only
14 specific items, namely: (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 or others; and (14) Tax
Identification Number. These limited and specific data are the usual data required
for personal identification by government entities, and even by the private sector
The national Identification system can reduced costs and thereby lessen
the financial burden on both the government and the public brought about by the
the same or related information. It also ensure greaters convenience for those
31
transacting business with the government and those availing of government
promotes the wider use of the unified ID card It also facilitate access to and
national ID system could easily track offenders. ID system advocates hail its
National ID system is that reduces government red tape and makes the
may abuse individual lacks control over what can be read or placed on his ID,
and to track down persons movement and access confidential information. If the
information leaked the possibilities of abuse and misuse of the may result to
individual lacks control over what can be read or placed on his ID, much less
32
verify the correctness of the data encoded. In the Philippines the 1987
implementation.
and making their ID formats uniform, will admittedly achieve substantial benefits.
33
Chapter V
SUMMARY OF FINDINGS, CONCLUSION AND RECOMMENDATIONS
A. SUMMARY OF FINDINGS
Based on the study, what has been established in this study are as the
implementation of this National Identification System shall not only consider the
benefit of the government but must also consider the rights of the citizens of the
state. It shall not violate the constitutional provisions and the constitutional rights
immigration, crime and tax fraud. Because of the technology and data-driven
supporters claim that the notion that citizens are being observed will enhance
A. CONCLUSION
not a solution to the problems that pursue the country. Efforts to curb criminality
B. RECOMMENDATIONS
confidentially kept and are not easily accessible to hackers. Laws shall be
passed based on the unauthorized access to data gathered from the National
20
Ibid
35
BIBLIOGRAPHY
Senate Economic Planning office Policy insights dtd December 2005, the article
entitled National Identification System :Do we need one .
Senate Economic Planning office Policy insights dtd December 2005, the article
entitled National Identification System :Do we need one .
Senate Economic Planning office Policy insights dtd December 2005, the article
entitled National Identification System :Do we need one .
KMU V Director General NEDA, G.R. No. 167798, dated April 19, 2006
S.B.No 917 by Senator Benigno Bam Aquino IV. 17 th Congress of the Philippines
First Regular session.
http://business.inquirer.net/192804/national-id-system
36