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a collections of case digests and laws that can help aspiring law students to become a lawyer


Ople vs. Torres, GR 127685, July 23, 1998

6/14/2020

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ISSUE:  Whether or not Senator Ople has standing to maintain suit. 

FACTS: 
Administrative Order No 308, otherwise known as “Adoption of a National Computerized Identification Reference System” was issued by President Fidel Ramos on 12 December 1996. Senator Blas Ople filed a petition to invalidate the said order for violating the right to privacy. He contends that the order must be invalidated on two constitutional grounds, (1) that it is a usurpation of the power to legislate; and (2) that it intrudes the citizen’s right to privacy. 

DECISION: 
The petition was GRANTED. 
RATIO DECIDENDI:  Petitioner, Senator Ople is a distinguished member of the Senate. As a Senator,
​petitioner is possessed of the requisite standing to bring suit raising the issue that the issue of Administrative Order No 308 is a usurpation of legislative power. Ople’s concern that the Executive branch not to trespass on the lawmaking domain of Congress is understandable. The blurring demarcation line between the power of legislature to make laws and the power of executive to execute laws will disturb their delicate balance and cannot be allowed. 
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