Blas F. Ople vs Ruben D. Torres et. al Yes.

The Legislative Dept has the authority, under the Constitution,

to make, alter and repeal laws while the President is vested with
G.R. No. 127685 July 23, 1998 executive power which is defined as the power to enforce and
Puno, J. administer the laws. Under this, he has the authority to issue
administrative orders, rules and regulations. An administrative order
Facts: is an act by the President which relates to aspects in the
administrative operation of the government. However, in this case,
On December 12, 1996, President Fidel V. Ramos issued
A.O No. 308 involves a subject that is not appropriate to be covered
Administrative Order No. 308 entitled “Adoption of a National
by an administrative order. It establishes for the first time a National
Computerized Identification Reference System’’. The order provides
Computerized Identification Reference System which would require
that Filipino and foreign citizen is required to have a National
adjustment of various contending state policies. Moreover, it is
Computerized Identification to transact business On January 22 and
considered a law because it gives right and imposes a duty.
23, 1997, A.O No. 308 was published in four newspapers of general
circulation. Then, on January 24, 1997 petitioner, Senator Blas F. Thus, the petition was granted by the Court. Administrative Order No.
Ople, filed an instant petition against the respondents. On April 8, 308 was declared null and void for being unconstitutional.
1997, the Court issued a temporary restraining order enjoining its
implementation. Petitioner argues that first, the establishment of a
national computerized identification reference system requires a
legislative act and that the issuance of A.O. No. 308 by the President
is unconstitutional usurpation of the legislative powers of the
Congress. Second, the appropriation of the public fund by the
President for the implementation of A.O No. 308 is an
unconstitutional usurpation of the exclusive right of congress to
appropriate public funds for expenditure. Lastly, it violates the right to
privacy. However, respondents argue that first, the petition is not a
justiciable case as would warrant a judicial review. Second, it was
issued within the executive and administrative powers of the
President. Third, the funds necessary may be sourced from the
budgets of the concerned agencies. Lastly, A.O No. 308 protects
individual’s interest in privacy.

Issue:

Whether or not the Administrative Order No. 308 is an

unconstitutional usurpation of the Legislative powers of the Congress

Held: