G.R. No.

167798             April 19, 2006

KILUSANG MAYO UNO, NATIONAL FEDERATION OF LABOR UNIONS-KILUSANG MAYO UNO

(NAFLU-KMU), JOSELITO V. USTAREZ, EMILIA P. DAPULANG, SALVADOR T. CARRANZA,
MARTIN T. CUSTODIO, JR. and ROQUE M. TAN, Petitioners, 
vs.
THE DIRECTOR-GENERAL, NATIONAL ECONOMIC DEVELOPMENT AUTHORITY, and THE
SECRETARY, DEPARTMENT OF BUDGET and MANAGEMENT, Respondents.

x-----------------------------------x

G.R. No. 167930             April 19, 2006

BAYAN MUNA Representatives SATUR C. OCAMPO, TEODORO A. CASIÑO, and JOEL G.

VIRADOR, GABRIELA WOMEN’S PARTY Representative LIZA L. MAZA, ANAKPAWIS
Representatives RAFAEL V. MARIANO and CRISPIN B. BELTRAN, Rep. FRANCIS G. ESCUDERO,
Rep. EDUARDO C. ZIALCITA, Rep. LORENZO R. TAÑADA III, DR. CAROL PAGADUAN-ARAULLO
and RENATO M. REYES, JR. of BAYAN, MARIE HILAO-ENRIQUEZ of KARAPATAN, ANTONIO L.
TINIO of ACT, FERDINAND GAITE of COURAGE, GIOVANNI A. TAPANG of AGHAM, WILFREDO
MARBELLA GARCIA, of KMP, LANA LINABAN of GABRIELA, AMADO GAT INCIONG, RENATO
CONSTANTINO, JR., DEAN PACIFICO H. AGABIN, SHARON R. DUREMDES of the NATIONAL
COUNCIL OF CHURCHES IN THE PHILIPPINES, and BRO. EDMUNDO L. FERNANDEZ (FSC) of
the ASSOCIATION OF MAJOR RELIGIOUS SUPERIORS OF THE PHILIPPINES
(AMRSP), Petitioners, 
vs.
EDUARDO ERMITA, in his capacity as Executive Secretary, ROMULO NERI, in his capacity as
Director-General of the NATIONAL ECONOMIC and DEVELOPMENT AUTHORITY (NEDA) and the
Administrator of the NATIONAL STATISTICS OFFICE (NSO), Respondents.

DECISION

CARPIO, J.:

This case involves two consolidated petitions for certiorari, prohibition, and mandamus under Rule 65 of
the Rules of Court, seeking the nullification of Executive Order No. 420 (EO 420) on the ground that it is
unconstitutional.

EO 420, issued by President Gloria Macapagal-Arroyo on 13 April 2005, reads:

REQUIRING ALL GOVERNMENT AGENCIES AND GOVERNMENT-OWNED AND CONTROLLED

CORPORATIONS TO STREAMLINE AND HARMONIZE THEIR IDENTIFICATION (ID) SYSTEMS,
AND AUTHORIZING FOR SUCH PURPOSE THE DIRECTOR-GENERAL, NATIONAL ECONOMIC
AND DEVELOPMENT AUTHORITY TO IMPLEMENT THE SAME, AND FOR OTHER PURPOSES

WHEREAS, good governance is a major thrust of this Administration;

WHEREAS, the existing multiple identification systems in government have created unnecessary and
costly redundancies and higher costs to government, while making it inconvenient for individuals to be
holding several identification cards;

WHEREAS, there is urgent need to streamline and integrate the processes and issuance of
identification cards in government to reduce costs and to provide greater convenience for those
transacting business with government;
WHEREAS, a unified identification system will facilitate private businesses, enhance the integrity and
reliability of government-issued identification cards in private transactions, and prevent violations of laws
involving false names and identities.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Republic of the Philippines

by virtue of the powers vested in me by law, do hereby direct the following:

Section 1. Adoption of a unified multi-purpose identification (ID) system for

government.1avvphil.net – All government agencies, including government-owned and controlled
corporations, are hereby directed to adopt a unified multi-purpose ID system to ensure the attainment of
the following objectives:

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.

Section 2. 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.

Section 3. Data requirement for the unified ID system – The data to be collected and recorded by the
participating agencies shall be limited to the following:

Name

Home Address

Sex

Picture

Signature

Date of Birth

Place of Birth

Marital Status

Names of Parents

Height
 Weight

Two index fingers and two thumbmarks

Any prominent distinguishing features like moles and others

Tax Identification Number (TIN)

Provided that a corresponding ID number issued by the participating agency and a common reference
number shall form part of the stored ID data and, together with at least the first five items listed above,
including the print of the right thumbmark, or any of the fingerprints as collected and stored, shall appear
on the face or back of the ID card for visual verification purposes.

Section 4. Authorizing the Director-General, National Economic and Development Authority, to

Harmonize All Government Identification Systems. – The Director-General, National Economic
Development Authority, is hereby authorized to streamline and harmonize all government ID systems.

Section 5. Functions and responsibilities of the Director-General, National Economic and

Development Authority. – In addition to his organic functions and responsibilities, the Director-General,
National Economic and Development Authority, shall have the following functions and responsibilities:

a. Adopt within sixty (60) days from the effectivity of this executive order a unified government ID
system containing only such data and features, as indicated in Section 3 above, to validly
establish the identity of the card holder:

b. Enter into agreements with local governments, through their respective leagues of governors or
mayors, the Commission on Elections (COMELEC), and with other branches or instrumentalities
of the government, for the purpose of ensuring government-wide adoption of and support to this
effort to streamline the ID systems in government;

b. Call on any other government agency or institution, or create sub–committees or technical

working groups, to provide such assistance as may be necessary or required for the effective
performance of its functions; and

d. Promulgate such rules or regulations as may be necessary in pursuance of the objectives of

this executive order.

Section 6. Safeguards. – The Director-General, National Economic and Development Authority, and
the pertinent agencies shall adopt such safeguard as may be necessary and adequate to ensure that the
right to privacy of an individual takes precedence over efficient public service delivery. Such safeguards
shall, as a minimum, include the following:

a. The data to be recorded and stored, which shall be used only for purposes of establishing the
identity of a person, shall be limited to those specified in Section 3 of this executive order;

b. In no case shall the collection or compilation of other data in violation of a person’s right to
privacy shall be allowed or tolerated under this order;

c. Stringent systems of access control to data in the identification system shall be instituted;

d. Data collected and stored for this purpose shall be kept and treated as strictly confidential and
a personal or written authorization of the Owner shall be required for access and disclosure of
data;
 e. The identification card to be issued shall be protected by advanced security features and
cryptographic technology; and

f. A written request by the Owner of the identification card shall be required for any correction or
revision of relevant data, or under such conditions as the participating agency issuing the
identification card shall prescribe.

Section 7. Funding. – Such funds as may be recommended by the Department of Budget and
Management shall be provided to carry out the objectives of this executive order.

Section 8. Repealing clause. – All executive orders or issuances, or portions thereof, which are
inconsistent with this executive order, are hereby revoked, amended or modified accordingly.

Section 9. Effectivity. – This executive order shall take effect fifteen (15) days after its publication in
two (2) newspapers of general circulation.

DONE in the City of Manila, this 13th day of April, in the year of Our Lord, Two Thousand and Five.

Thus, under EO 420, the President directs all government agencies and government-owned and
controlled corporations to adopt a uniform data collection and format for their existing identification (ID)
systems.

Petitioners in G.R. No. 167798 allege that EO 420 is unconstitutional because it constitutes usurpation
of legislative functions by the executive branch of the government. Furthermore, they allege that EO 420
infringes on the citizen’s right to privacy.1

Petitioners in G.R. No. 167930 allege that EO 420 is void based on the following grounds:

1. EO 420 is contrary to law. It completely disregards and violates the decision of this Honorable
Court in Ople v. Torres et al., G.R. No. 127685, July 23, 1998. It also violates RA 8282 otherwise
known as the Social Security Act of 1997.

2. The Executive has usurped the legislative power of Congress as she has no power to issue EO
420. Furthermore, the implementation of the EO will use public funds not appropriated by
Congress for that purpose.

3. EO 420 violates the constitutional provisions on the right to privacy

(i) It allows access to personal confidential data without the owner’s consent.

(ii) EO 420 is vague and without adequate safeguards or penalties for any violation of its
provisions.

(iii) There are no compelling reasons that will legitimize the necessity of EO 420.

4. Granting without conceding that the President may issue EO 420, the Executive Order was
issued without public hearing.

5. EO 420 violates the Constitutional provision on equal protection of laws and results in the
discriminatory treatment of and penalizes those without ID.2

Issues
Essentially, the petitions raise two issues. First, petitioners claim that EO 420 is a usurpation of
legislative power by the President. Second, petitioners claim that EO 420 infringes on the citizen’s right
to privacy.

Respondents question the legal standing of petitioners and the ripeness of the petitions. Even assuming
that petitioners are bereft of legal standing, the Court considers the issues raised under the
circumstances of paramount public concern or of transcendental significance to the people. The petitions
also present a justiciable controversy ripe for judicial determination because all government entities
currently issuing identification cards are mandated to implement EO 420, which petitioners claim is
patently unconstitutional. Hence, the Court takes cognizance of the petitions.

The Court’s Ruling

The petitions are without merit.

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 Mayor’s
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.

In short, the purposes of the uniform ID data collection and ID format are to reduce costs, achieve
efficiency and reliability, insure compatibility, and provide convenience to the people served by
government entities.

Section 3 of EO 420 limits the data to be collected and recorded under the uniform ID system to only 14
specific items, namely: (1) Name; (2) Home Address; (3) Sex; (4) Picture; (5) Signature; (6) Date of
Birth; (7) Place of Birth; (8) Marital Status; (9) Name of Parents; (10) Height; (11) Weight; (12) Two index
fingers and two thumbmarks; (13) Any prominent distinguishing features like moles or others; and (14)
Tax Identification Number.
These limited and specific data are the usual data required for personal identification by government
entities, and even by the private sector. Any one who applies for or renews a driver’s license provides to
the LTO all these 14 specific data.

At present, government entities like LTO require considerably more data from applicants for identification
purposes. EO 420 will reduce the data required to be collected and recorded in the ID databases of the
government entities. Government entities cannot collect or record data, for identification purposes, other
than the 14 specific data.

Various laws allow several government entities to collect and record data for their ID systems, either
expressly or impliedly by the nature of the functions of these government entities. Under their existing ID
systems, some government entities collect and record more data than what EO 420 allows. At present,
the data collected and recorded by government entities are disparate, and the IDs they issue are
dissimilar.

In the case of the Supreme Court,9 the IDs that the Court issues to all its employees, including the
Justices, contain 15 specific data, namely: (1) Name; (2) Picture; (3) Position; (4) Office Code Number;
(5) ID Number; (6) Height; (7) Weight; (8) Complexion; (9) Color of Hair; (10) Blood Type; (11) Right
Thumbmark; (12) Tax Identification Number; (13) GSIS Policy Number; (14) Name and Address of
Person to be Notified in Case of Emergency; and (15) Signature. If we consider that the picture in the ID
can generally also show the sex of the employee, the Court’s ID actually contains 16 data.

In contrast, the uniform ID format under Section 3 of EO 420 requires only "the first five items listed" in
Section 3, plus the fingerprint, agency number and the common reference number, or only eight specific
data. Thus, at present, the Supreme Court’s ID contains far more data than the proposed uniform ID for
government entities under EO 420. The nature of the data contained in the Supreme Court ID is also far
more financially sensitive, specifically the Tax Identification Number.

Making the data collection and recording of government entities unified, and making their ID formats
uniform, will admittedly achieve substantial benefits. These benefits are savings in terms of procurement
of equipment and supplies, compatibility in systems as to hardware and software, ease of verification
and thus increased reliability of data, and the user-friendliness of a single ID format for all government
entities.

There is no dispute that government entities can individually limit the collection and recording of their
data to the 14 specific items in Section 3 of EO 420. There is also no dispute that these government
entities can individually adopt the ID format as specified in Section 3 of EO 420. Such an act is certainly
within the authority of the heads or governing boards of the government entities that are already
authorized under existing laws to issue IDs.

A unified ID system for all these government entities can be achieved in either of two ways. First, the
heads of these existing government entities can enter into a memorandum of agreement making their
systems uniform. If the government entities can individually adopt a format for their own ID pursuant to
their regular functions under existing laws, they can also adopt by mutual agreement a uniform ID
format, especially if the uniform format will result in substantial savings, greater efficiency, and optimum
compatibility. This is purely an administrative matter, and does not involve the exercise of legislative
power.

Second, the President may by executive or administrative order direct the government entities under the
Executive department to adopt a uniform ID data collection and format. Section 17, Article VII of the
1987 Constitution provides that the "President shall have control of all executive departments,
bureaus and offices." The same Section also mandates the President to "ensure that the laws be
faithfully executed."
Certainly, under this constitutional power of control the President can direct all government entities, in
the exercise of their functions under existing laws, to adopt a uniform ID data collection and ID format to
achieve savings, efficiency, reliability, compatibility, and convenience to the public. The President’s
constitutional power of control is self-executing and does not need any implementing legislation.

Of course, the President’s power of control is limited to the Executive branch of government and does
not extend to the Judiciary or to the independent constitutional commissions. Thus, EO 420 does not
apply to the Judiciary, or to the COMELEC which under existing laws is also authorized to issue voter’s
ID cards.10 This only shows that EO 420 does not establish a national ID system because legislation is
needed to establish a single ID system that is compulsory for all branches of government.

The Constitution also mandates the President to ensure that the laws are faithfully executed. There are
several laws mandating government entities to reduce costs, increase efficiency, and in general,
improve public services.11 The adoption of a uniform ID data collection and format under EO 420 is
designed to reduce costs, increase efficiency, and in general, improve public services. Thus, in issuing
EO 420, the President is simply performing the constitutional duty to ensure that the laws are faithfully
executed.

Clearly, EO 420 is well within the constitutional power of the President to promulgate. The President has
not usurped legislative power in issuing EO 420. EO 420 is an exercise of Executive power – the
President’s constitutional power of control over the Executive department. EO 420 is also compliance by
the President of the constitutional duty to ensure that the laws are faithfully executed.

Legislative power is the authority to make laws and to alter or repeal them. In issuing EO 420, the
President did not make, alter or repeal any law but merely implemented and executed existing laws. EO
420 reduces costs, as well as insures efficiency, reliability, compatibility and user-friendliness in the
implementation of current ID systems of government entities under existing laws. Thus, EO 420 is simply
an executive issuance and not an act of legislation.

The act of issuing ID cards and collecting the necessary personal data for imprinting on the ID card does
not require legislation. Private employers routinely issue ID cards to their employees. Private and public
schools also routinely issue ID cards to their students. Even private clubs and associations issue ID
cards to their members. The purpose of all these ID cards is simply to insure the proper identification of
a person as an employee, student, or member of a club. These ID cards, although imposed as a
condition for exercising a privilege, are voluntary because a person is not compelled to be an employee,
student or member of a club.

What require legislation are three aspects of a government maintained ID card system. First, when the
implementation of an ID card system requires a special appropriation because there is no existing
appropriation for such purpose. Second, when the ID card system is compulsory on all branches of
government, including the independent constitutional commissions, as well as compulsory on all citizens
whether they have a use for the ID card or not. Third, when the ID card system requires the collection
and recording of personal data beyond what is routinely or usually required for such purpose, such that
the citizen’s right to privacy is infringed.

In the present case, EO 420 does not require any special appropriation because the existing ID card
systems of government entities covered by EO 420 have the proper appropriation or funding. EO 420 is
not compulsory on all branches of government and is not compulsory on all citizens. EO 420 requires a
very narrow and focused collection and recording of personal data while safeguarding the confidentiality
of such data. In fact, the data collected and recorded under EO 420 are far less than the data collected
and recorded under the ID systems existing prior to EO 420.
EO 420 does not establish a national ID card system. EO 420 does not compel all citizens to have an ID
card. EO 420 applies only to government entities that under existing laws are already collecting data and
issuing ID cards as part of their governmental functions. Every government entity that presently issues
an ID card will still issue its own ID card under its own name. The only difference is that the ID card will
contain only the five data specified in Section 3 of EO 420, plus the fingerprint, the agency ID number,
and the common reference number which is needed for cross-verification to ensure integrity and
reliability of identification.

This Court should not interfere how government entities under the Executive department should
undertake cost savings, achieve efficiency in operations, insure compatibility of equipment and systems,
and provide user-friendly service to the public. The collection of ID data and issuance of ID cards are
day-to-day functions of many government entities under existing laws. Even the Supreme Court has its
own ID system for employees of the Court and all first and second level courts. The Court is even trying
to unify its ID system with those of the appellate courts, namely the Court of Appeals, Sandiganbayan
and Court of Tax Appeals.

There is nothing legislative about unifying existing ID systems of all courts within the Judiciary. The
same is true for government entities under the Executive department. If government entities under the
Executive department decide to unify their existing ID data collection and ID card issuance systems to
achieve savings, efficiency, compatibility and convenience, such act does not involve the exercise of any
legislative power. Thus, the issuance of EO 420 does not constitute usurpation of legislative power.

On the Alleged Infringement of the Right to Privacy

All these years, the GSIS, SSS, LTO, Philhealth and other government entities have been issuing ID
cards in the performance of their governmental functions. There have been no complaints from citizens
that the ID cards of these government entities violate their right to privacy. There have also been no
complaints of abuse by these government entities in the collection and recording of personal
identification data.

In fact, petitioners in the present cases do not claim that the ID systems of government entities prior to
EO 420 violate their right to privacy. Since petitioners do not make such claim, they even have less
basis to complain against the unified ID system under EO 420. The data collected and stored for the
unified ID system under EO 420 will be limited to only 14 specific data, and the ID card itself will show
only eight specific data. The data collection, recording and ID card system under EO 420 will even
require less data collected, stored and revealed than under the disparate systems prior to EO 420.

Prior to EO 420, government entities had a free hand in determining the kind, nature and extent of data
to be collected and stored for their ID systems. Under EO 420, government entities can collect and
record only the 14 specific data mentioned in Section 3 of EO 420. In addition, government entities can
show in their ID cards only eight of these specific data, seven less data than what the Supreme Court’s
ID shows.

Also, prior to EO 420, there was no executive issuance to government entities prescribing safeguards on
the collection, recording, and disclosure of personal identification data to protect the right to privacy.
Now, under Section 5 of EO 420, the following safeguards are instituted:

a. The data to be recorded and stored, which shall be used only for purposes of establishing the
identity of a person, shall be limited to those specified in Section 3 of this executive order;

b. In no case shall the collection or compilation of other data in violation of a person’s right to
privacy be allowed or tolerated under this order;
 c. Stringent systems of access control to data in the identification system shall be instituted;

d. Data collected and stored for this purpose shall be kept and treated as strictly confidential and
a personal or written authorization of the Owner shall be required for access and disclosure of
data;

e. The identification card to be issued shall be protected by advanced security features and
cryptographic technology;

f. A written request by the Owner of the identification card shall be required for any correction or
revision of relevant data, or under such conditions as the participating agency issuing the
identification card shall prescribe.

On its face, EO 420 shows no constitutional infirmity because it even narrowly limits the data that can be
collected, recorded and shown compared to the existing ID systems of government entities. EO 420
further provides strict safeguards to protect the confidentiality of the data collected, in contrast to the
prior ID systems which are bereft of strict administrative safeguards.

The right to privacy does not bar the adoption of reasonable ID systems by government entities. Some
one hundred countries have compulsory national ID systems, including democracies such as Spain,
France, Germany, Belgium, Greece, Luxembourg, and Portugal. Other countries which do not have
national ID systems, like the United States, Canada, Australia, New Zealand, Ireland, the Nordic
Countries and Sweden, have sectoral cards for health, social or other public services.12 Even with EO
420, the Philippines will still fall under the countries that do not have compulsory national ID systems but
allow only sectoral cards for social security, health services, and other specific purposes.

Without a reliable ID system, government entities like GSIS, SSS, Philhealth, and LTO cannot perform
effectively and efficiently their mandated functions under existing laws. Without a reliable ID system,
GSIS, SSS, Philhealth and similar government entities stand to suffer substantial losses arising from
false names and identities. The integrity of the LTO’s licensing system will suffer in the absence of a
reliable ID system.

The dissenting opinion cites three American decisions on the right to privacy, namely, Griswold v.
Connecticut,13U.S. Justice Department v. Reporters Committee for Freedom of the Press,14 and Whalen
v. Roe.15 The last two decisions actually support the validity of EO 420, while the first is inapplicable to
the present case.

In Griswold, the U.S. Supreme Court declared unconstitutional a state law that prohibited the use and
distribution of contraceptives because enforcement of the law would allow the police entry into the
bedrooms of married couples. Declared the U.S. Supreme Court: "Would we allow the police to search
the sacred precincts of the marital bedrooms for telltale signs of the use of contraceptives? The very
idea is repulsive to the notions of privacy surrounding the marriage relationship." Because the facts and
the issue involved in Griswold are materially different from the present case, Griswold has no persuasive
bearing on the present case.

In U.S. Justice Department, the issue was not whether the State could collect and store information on
individuals from public records nationwide but whether the State could withhold such information from
the press. The premise of the issue in U.S. Justice Department is that the State can collect and store in
a central database information on citizens gathered from public records across the country. In fact, the
law authorized the Department of Justice to collect and preserve fingerprints and other criminal
identification records nationwide. The law also authorized the Department of Justice to exchange such
information with "officials of States, cities and other institutions." The Department of Justice treated such
information as confidential. A CBS news correspondent and the Reporters Committee demanded the
criminal records of four members of a family pursuant to the Freedom of Information Act. The U.S.
Supreme Court ruled that the Freedom of Information Act expressly exempts release of information that
would "constitute an unwarranted invasion of personal privacy," and the information demanded falls
under that category of exempt information.

With the exception of the 8 specific data shown on the ID card, the personal data collected and recorded
under EO 420 are treated as "strictly confidential" under Section 6(d) of EO 420. These data are not only
strictly confidential but also personal matters. Section 7, Article III of the 1987 Constitution grants the
"right of the people to information on matters of public concern." Personal matters are exempt or outside
the coverage of the people’s right to information on matters of public concern. The data treated as
"strictly confidential" under EO 420 being private matters and not matters of public concern, these data
cannot be released to the public or the press. Thus, the ruling in U.S. Justice Department does not
collide with EO 420 but actually supports the validity EO 420.

Whalen v. Roe is the leading American case on the constitutional protection for control over information.
In Whalen, the U.S. Supreme Court upheld the validity of a New York law that required doctors to furnish
the government reports identifying patients who received prescription drugs that have a potential for
abuse. The government maintained a central computerized database containing the names and
addresses of the patients, as well as the identity of the prescribing doctors. The law was assailed
because the database allegedly infringed the right to privacy of individuals who want to keep their
personal matters confidential. The U.S. Supreme Court rejected the privacy claim, and declared:

Disclosures of private medical information to doctors, to hospital personnel, to insurance companies,

and to public health agencies are often an essential part of modern medical practice even when the
disclosure may reflect unfavorably on the character of the patient. Requiring such disclosures to
representatives of the State having responsibility for the health of the community does not automatically
amount to an impermissible invasion of privacy. (Emphasis supplied)

Compared to the personal medical data required for disclosure to the New York State in Whalen, the 14
specific data required for disclosure to the Philippine government under EO 420 are far less sensitive
and far less personal. In fact, the 14 specific data required under EO 420 are routine data for ID
systems, unlike the sensitive and potentially embarrassing medical records of patients taking
prescription drugs. Whalen, therefore, carries persuasive force for upholding the constitutionality of EO
420 as non-violative of the right to privacy.

Subsequent U.S. Supreme Court decisions have reiterated Whalen. In Planned Parenthood of Central
Missouri v. Danforth,16 the U.S. Supreme Court upheld the validity of a law that required doctors
performing abortions to fill up forms, maintain records for seven years, and allow the inspection of such
records by public health officials. The U.S. Supreme Court ruled that "recordkeeping and reporting
requirements that are reasonably directed to the preservation of maternal health and that properly
respect a patient’s confidentiality and privacy are permissible."

Again, in Planned Parenthood of Southeastern Pennsylvania v. Casey,17 the U.S. Supreme Court upheld
a law that required doctors performing an abortion to file a report to the government that included the
doctor’s name, the woman’s age, the number of prior pregnancies and abortions that the woman had,
the medical complications from the abortion, the weight of the fetus, and the marital status of the
woman. In case of state-funded institutions, the law made such information publicly available. In Casey,
the U.S. Supreme Court stated: "The collection of information with respect to actual patients is a vital
element of medical research, and so it cannot be said that the requirements serve no purpose other than
to make abortion more difficult."

Compared to the disclosure requirements of personal data that the U.S. Supreme Court have upheld in
Whalen, Danforth and Casey as not violative of the right to privacy, the disclosure requirements under
EO 420 are far benign and cannot therefore constitute violation of the right to privacy. EO 420 requires
disclosure of 14 personal data that are routine for ID purposes, data that cannot possibly embarrass or
humiliate anyone.

Petitioners have not shown how EO 420 will violate their right to privacy. Petitioners cannot show such
violation by a mere facial examination of EO 420 because EO 420 narrowly draws the data collection,
recording and exhibition while prescribing comprehensive safeguards. Ople v. Torres18 is not authority to
hold that EO 420 violates the right to privacy because in that case the assailed executive issuance,
broadly drawn and devoid of safeguards, was annulled solely on the ground that the subject matter
required legislation. As then Associate Justice, now Chief Justice Artemio V. Panganiban noted in his
concurring opinion in Ople v. Torres, "The voting is decisive only on the need for appropriate legislation,
and it is only on this ground that the petition is granted by this Court."

EO 420 applies only to government entities that already maintain ID systems and issue ID cards
pursuant to their regular functions under existing laws. EO 420 does not grant such government entities
any power that they do not already possess under existing laws. In contrast, the assailed executive
issuance in Ople v. Torres sought to establish a "National Computerized Identification Reference
System,"19 a national ID system that did not exist prior to the assailed executive issuance. Obviously, a
national ID card system requires legislation because it creates a new national data collection and card
issuance system where none existed before.

In the present case, EO 420 does not establish a national ID system but makes the existing sectoral
card systems of government entities like GSIS, SSS, Philhealth and LTO less costly, more efficient,
reliable and user-friendly to the public. Hence, EO 420 is a proper subject of executive issuance under
the President’s constitutional power of control over government entities in the Executive department, as
well as under the President’s constitutional duty to ensure that laws are faithfully executed.

WHEREFORE, the petitions are DISMISSED. Executive Order No. 420 is declared VALID.

SO ORDERED.

ANTONIO T. CARPIO
Associate Justice

WE CONCUR:

ARTEMIO V. PANGANIBAN 
Chief Justice