Ople V. Torres Case Digest 2b6a1z

Ople v. Torres

Facts: A.O. No. 308 was issued by President Fidel V. Ramos On December 12, 1996 providing for a national computerized identification system with the goal of providing convenient way to transact business with basic service and social security providers and other government instrumentalities. Petitioner and Senator Blas Ople filed a case seeking to declare the act unconstitutional, claiming that A.O. No. 308 is not a mere istrative order but a law and hence, beyond the power of the President to issue.

Issue: Whether the issuance of the President of AO No. 308 is an unconstitutional usurpation of the legislative powers of the Congress. Ruling: Yes. A.O. No. 308 involves a subject that is not appropriate to be covered by an istrative order. Legislative power is "the authority, under the Constitution, to make laws, and to alter and repeal them." The Constitution, as the will of the people in their original, sovereign and unlimited capacity, has vested this power in the Congress of the Philippines. While Congress is vested with the power to enact laws, the President executes the laws. It establishes for the first time a National Computerized Identification Reference System. Moreover, even assuming arguendo that A.O. No. 308 need not be the subject of a law, still it cannot constitutional muster as an istrative legislation because facially, it violates the right to privacy. The act of promulgating AO no. 308 is an act of legislation rather than enforcement of a law, thus, should be struck down as unconstitutional exercise of legislative power.