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KMU v.

Director-General, NEDA
Facts:
President Arroyo issued Executive Order 450 which requires all
government agencies and controlled corporations to have a uniform
identification card; the director-general of the national economic
development authority was tasked to implement this order. The
information required to be in the said identification card would be:
name, home address, sex, picture, signature, date of birth, place of
birth,
marital
status,
names
of parents, height, weight, two index fingers and two thumb marks, any
prominent distinguishing features like
moles
and
others,
tax
identification number (TIN). The petitioners argued that the said
executive order usurped legislative functions and violates the right of
privacy. Petitioners alleged that EO 450 is contrary to law because it
violated the principle handed down by the Court in Ople v Torres and
RA 8282 or the Social Security Act of1997. The order according to the
petitioners was also going to use funds that are not appropriated by
the Congress, it was also issued without a public hearing. The order
was also violating the constitutional provision of equal protection of the
laws because it discriminates and penalizes those who do not have an
id. The petitioners also argue that the order violates the right to
privacy by allowing for the access of the personal data of the owner
without his or her consent.
Issue:
Whether or not EO 450 usurped legislative functions and violated
the citizens right to privacy.
Held:
The Supreme Court ruled that the petition had no merit. The said
order only applies to government agencies who are already issuing
identification cards even before the said order was implemented. The
purposes of the order were to: reduce costs, achieve efficiency and
reliability, convenience to the people served by the government
entities and insure compatibility. Section 17 Article VII of the
Constitution also provides for the President to have control to all
executive departments, bureaus and offices. This constitutional power
of the President is self-executing and does not need implementing
legislation. This power of course is limited to executive branch of the
government and does not extend to other branches or independent
constitutional commissions. EO 450 does not violate the right to
privacy since no citizen particularly government employee have
complained upon the showing of information on their identification
cards, even the petitioners have not made any complaint about their
own identification cards. EO 450 also issues identification cards that

only have14 data about the owner much less than what is issued upon
Supreme Court employees.

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