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Saturday, April 23, 2005
Arroyo gov't hits paranoia over ID system
MANILA -- A spokesman of President Gloria Macapagal-Arroyo branded as baseless the paranoia surrounding the national identification system and another aide said no basic rights would be violated once it was adopted.
Press Secretary Ignacio Bunye said the issuance of Executive Order 420, which lays down the groundwork for the ID system's implementation, "will enable us to interact more closely and efficiently with government as well as private institutions."
Court, justice and legislators gave different views on government's proposal.
Executive Secretary Eduardo Ermita said the identification system would not violate a person's basic rights and Presidential Assistant for Mindanao Jesus Dureza believes it would an "easy sell" to Mindanaoans.
Dureza said the system would ensure a more effective and efficient delivery of basic services. He said a similar system is being implemented in Indonesia, Malaysia and Brunei.
"I see no reason why we should oppose something that would consolidate and streamline and also electronically upgrade the ID system that we have in the country today. (And) from where I sit, I think we can sell this easily to the Mindanaoans. But I'd like to touch-base with them first and find out really kung anong reaction nila (what their reaction will be)," he said.
Dureza said instead of creating "phantoms", the people should first study the order and listen to its framers before criticizing or opposing it.
If the ID system could help the government in its anti-terrorism campaign, then it's a good thing, he added.
Budget Secretary Emilia Boncodin said she expects the ID system, which is aimed at unifying all government-issued Ids, to be implemented by next year for practical reasons.
Aside from budget consideration, the order still needs implementing rules and regulations before it could be applied.
Boncodin added the ID system would not be used to discriminate any sectors or religions but it could help "weed out problems of government officials who fake their age" or even people who fake their credentials.
A senior official of the Supreme Court (SC) Friday said the 1998 ruling of the tribunal junking the national identification (ID) system of the administration of then President Fidel Ramos is not an absolute ban on the present government's efforts to pursue the undertaking.
"The decision of the Supreme Court in Ople versus Torres spoke of curable defects of the version of the ID system at the time," said SC public information office Chief Ismael Khan.
The 1998 decision had been penned by Senior Associate Justice Reynato S. Puno, who along with Senior Associate Justice Artemio Panganiban, was considered to be a top contender for the position of Chief Justice to be named by the president when the present head magistrate, Hilario G. Davide Jr., reaches retirement age in December.
Khan said barring an actual case filed by the proper party before a court having jurisdiction over Executive Order 420, government is presumed to have exercised its powers in issuing such.
"If no one will file (a case), then the SC cannot rule on its validity," Khan said.
Justice Secretary Raul Gonzalez Sr., for his part, jumped the gun on what he said was "expected" opposition to the ID system and described the would-be litigants as "publicity hungry".
The Ople versus Torres case was initiated by then senator Blas F. Ople against then executive secretary Ruben Torres and was decided by the High Court on July 23, 1998.
Ople questioned Administrative Order 308 providing for the Adoption of a National Computerized Identification Reference System issued by President Fidel Ramos on Dec. 12, 1996.
The High Court at the time cited that Ople's suit, among other things, questioned the system that "impermissibly intrudes on our citizenry's protected zone of privacy."
The High Court said "the rights (to privacy, among others) sought to be vindicated by the petitioner (Ople) need stronger barriers against further erosion."
The SC at the time expressed concern that the data made available on the ID system "will not be used solely for identification but for the generation of other data with remote relation to the avowed purposes", adding that the measure "can give the government the roving authority to store and retrieve information for a purpose other than the identification of the individual."
The SC likewise warned of the potential for misuse of the data to be gathered, citing that an individual must present his ID every time he deals with a government agency to avail of basic services and security.
The court said while "data may be gathered for gainful and useful government purposes; but the existence of this vast reservoir of personal information constitutes a covert invitation to misuse, a temptation that may be too great for some of our authorities to resist."
The Arroyo administration earlier claimed its version of the ID system would harmonize the identification systems of government agencies and is primarily eyed to reduce costs and provide greater convenience for those transacting business with government.
Under EO 420, all government agencies, including government corporations issuing ID cards to their members or constituents, will adopt a unified multi-purpose ID system.
The agencies will collect the following data for the unified ID system: name; home address; sex; picture; signature; date of birth; place of birth; marital status; names of parents; height; weight; two index finger prints and two thumb marks; any prominent distinguishing features like moles and others; and tax identification number.
Two senators express opposing views on the national ID scheme.
While Senate President Franklin Drilon supports the scheme, Senate Minority Leader Aquilino Pimentel Jr. said it was the job of Congress to formulate a law on the national ID system.
Drilon said: "It's always been my position to have it. We need to consolidate the basic IDs for the convenience of all concerned citizens."
He expressed optimism that EO 420 could stand against the scrutiny of the SC.
Drilon also said the national ID scheme doesn't violate the 1987 Constitution and also doesn't need a budget allocation. "There is no need to legislate it. The government is discussing it several months ago," Drilon added.
Pimentel said he was dismayed that the President's advisers misled her into believing she can implement it through an executive order.
"We maintain that the national ID system, which imposes an additional obligation on the people, cannot be done by the President by herself. That can only be done by legislation," Pimentel said.
He said the President could only prescribe an ID system for government officials and employees who are directly under the control of her office. (JPM/BBP/JPM)
(April 23, 2005 issue)
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