Professional Documents
Culture Documents
Kmu VS Dir
Kmu VS Dir
OF NEDA
On the Alleged Usurpation of Legislative Power
Section 2 of EO 420 provides, Coverage. All government
agencies and government-owned and controlled corporations
issuing ID cards to their members or constituents shall be covered
by this executive order. EO 420 applies only to government
entities that issue ID cards as part of their functions under existing
laws. These government entities have already been issuing ID
cards even prior to EO 420. Examples of these government
entities
are
the
GSIS,[3] SSS,[4] Philhealth,[5] Mayors
Office,[6] LTO,[7]PRC,[8] and similar government entities.
Section 1 of EO 420 directs these government entities to adopt a
unified multi-purpose ID system. Thus, all government entities
that issue IDs as part of their functions under existing laws are
required to adopt a uniform data collection and format for their
IDs. Section 1 of EO 420 enumerates the purposes of the uniform
data collection and format, namely:
a.
To reduce costs and thereby lessen the financial
burden on both the government and the public brought about by
the use of multiple ID cards and the maintenance of redundant
database containing the same or related information;
b.
To ensure greater convenience for those transacting
business with the government and those availing of government
services;
c.
To facilitate private businesses and promote the
wider use of the unified ID card as provided under this executive
order;
d.
To enhance the integrity and reliability of
government-issued ID cards; and
e.
To facilitate access to and delivery of quality and
effective government service.
OPLE VS TORRES
Administrative power is concerned with the work of applying
policies and enforcing orders as determined by proper
governmental organs.[21] It enables the President to fix a uniform
standard of administrative efficiency and check the official
conduct of his agents.[22] To this end, he can issue administrative
orders, rules and regulations.
Prescinding from these precepts, we hold that A.O. No. 308
involves a subject that is not appropriate to be covered by an
administrative order. An administrative order is:
"Sec. 3. Administrative Orders.-- Acts of the President which
relate to particular aspects of governmental operation in
pursuance of his duties as administrative head shall be
promulgated in administrative orders."[23]
An administrative order is an ordinance issued by the President
which relates to specific aspects in the administrative operation of
government. It must be in harmony with the law and should be
for the sole purpose of implementing the law and carrying out
the legislative policy.[24] We reject the argument that A.O. No. 308
implements the legislative policy of the Administrative Code of