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Kilusang Mayo Uno v. Director General, National Economic Development Authority

10/31/2020

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Kilusang Mayo Uno v. Director General, National Economic Development Authority

FACTS:
EO 420, issued by President Gloria Macapagal-Arroyo on 13 April 2005, required all government agencies and government-owned and controlled corporations to streamline and harmonize their Identification (ID) systems. Under said EO, all government agencies and government-owned and controlled corporations were ordered to adopt a uniform data collection and format for their existing identification (ID) systems. Herein petitioners, sought to enjoin the Director-General from implementing the said EO alleging that it is unconstitutional because it constitutes usurpation of legislative functions by the executive branch of the government and infringes on the citizen’s right to privacy. Thus, filing these 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).
 
ISSUE: 
Whether or not EO 420 infringes on the citizen’s right to privacy.
 
RULING:
No. 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. 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. EO 420 applies only to government entities that already maintain ID systems and issue ID cards pursuant to their regular functions under existing laws. 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.

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