Saturday, March 5, 2011

132 - Philippines Supreme Court rejects ID system

Philippines Supreme Court rejects ID system

The Supreme Court invalidates an executive order entitled "Adoption of a National Computerized Identification Reference System."Building from U.S. Supreme Court jurisprudence, the Philippines court questioned whether the President could authorise such an identification system by mere executive order.

Assuming, arguendo, that A.O. No. 308 need not be the subject of a law, still it cannot pass constitutional muster as an administrative legislation because facially it violates the right to privacy. ...

Unlike the dissenters, we prescind from the premise that the right to privacy is a fundamental right guaranteed by the Constitution, hence, it is the burden of government to show that A.O. No. 308 is justified by some compelling state interest and that it is narrowly drawn. ...

Given the record-keeping power of the computer, only the indifferent will fail to perceive the danger that A.O. No. 308 gives the government the power to compile a devastating dossier against unsuspecting citizens.

The majority declared the executive order as null and void. .

Document was imported and archived from the Philippines Supreme Court website.