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    Ople vs. Torres

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    Jovelan V. Escaño
    1) President Fidel Ramos issued Administrative Order No. 308 to establish a national computerized identification reference system. Blas Ople argued this was unconstitutional as it usurped the power of Congress to legislate and intruded on citizen privacy. 2) The Supreme Court ruled that while the President has administrative powers, establishing a national ID system was a subject that should be covered by law passed by Congress, not an executive order. The order overstepped the President's authority and undermined Congress's legislative power. 3) The Court declared Administrative Order No. 308 null and void for being unconstitutional, as the President does not have independent power to make laws through administrative regulations.

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    Ople vs. Torres

    Uploaded by

    Jovelan V. Escaño
    643 views2 pages
    1) President Fidel Ramos issued Administrative Order No. 308 to establish a national computerized identification reference system. Blas Ople argued this was unconstitutional as it usurped the power of Congress to legislate and intruded on citizen privacy. 2) The Supreme Court ruled that while the President has administrative powers, establishing a national ID system was a subject that should be covered by law passed by Congress, not an executive order. The order overstepped the President's authority and undermined Congress's legislative power. 3) The Court declared Administrative Order No. 308 null and void for being unconstitutional, as the President does not have independent power to make laws through administrative regulations.

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    1) President Fidel Ramos issued Administrative Order No. 308 to establish a national computerized identification reference system. Blas Ople argued this was unconstitutional as it usurped the power of Congress to legislate and intruded on citizen privacy. 2) The Supreme Court ruled that while the President has administrative powers, establishing a national ID system was a subject that should be covered by law passed by Congress, not an executive order. The order overstepped the President's authority and undermined Congress's legislative power. 3) The Court declared Administrative Order No. 308 null and void for being unconstitutional, as the President does not have independent power to make laws through administrative regulations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    643 views2 pages

    Ople vs. Torres

    Uploaded by

    Jovelan V. Escaño
    1) President Fidel Ramos issued Administrative Order No. 308 to establish a national computerized identification reference system. Blas Ople argued this was unconstitutional as it usurped the power of Congress to legislate and intruded on citizen privacy. 2) The Supreme Court ruled that while the President has administrative powers, establishing a national ID system was a subject that should be covered by law passed by Congress, not an executive order. The order overstepped the President's authority and undermined Congress's legislative power. 3) The Court declared Administrative Order No. 308 null and void for being unconstitutional, as the President does not have independent power to make laws through administrative regulations.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    OPLE vs.

    TORRES
    G.R. No. 127685/ July 23, 1998
    PUNO
    Facts
    President Fidel V. Ramos, on December 12, 1996 issued A.O. No. 308 also
    known as Adoptation of a National Computerized Identification Reference System.
    Blas Ople on the other hand, prays that the Supreme Court invalidate Administrative
    Order No. 308 entitled "Adoption of a National Computerized Identification Reference
    System" on two important constitutional grounds. One, it is a usurpation of the power of
    Congress to legislate, and two, it impermissibly intrudes on our citizenry's protected zone
    of privacy. We grant the petition for the rights sought to be vindicated by the petitioner
    need stronger barriers against further erosion.
    Issue
    1) Whether or not the issuance of A.O. 308 by the President in establishing a
    national computerized identification reference system is an unconstitutional
    usurpation of the legislative powers of the Congress.
    Ruling
    While Congress is vested with the power to enact laws, the President executes the
    laws. As head of the Executive Department, the President is the Chief Executive.
    Corollary to the power of control, the President has the duty of supervising the
    enforcement of laws for the maintenance of general peace and public order. Thus, he is
    granted administrative power over bureaus and offices under his control to enable him to
    discharge his duties effectively. Administrative power is concerned with the work of
    applying policies and enforcing orders as determined by proper governmental organs.
    As said administrative order redefines the parameters of some basic rights of our
    citizenry vis-a-vis the State as well as the line that separates the administrative power of
    the President to make rules and the legislative power of Congress, it ought to be evident
    that it deals with a subject that should be covered by law. From these precepts, the
    Supreme Court holds that A.O. No. 308 involves a subject that is not appropriate to be
    covered by an administrative order. The dissenting opinions of the Justices unduly
    expand the limits of administrative legislation and consequently erode the plenary power
    of Congress to make laws. This is contrary to the established approach defining the
    traditional limits of administrative legislation. As well stated by Fisher: ". . . Many
    regulations however, bear directly on the public. It is here that administrative legislation
    must he restricted in its scope and application. Regulations are not supposed to be a
    substitute for the general policy-making that Congress enacts in the form of a public law.
    Although administrative regulations are entitled to respect, the authority to prescribe rules
    and regulations is not an independent source of power to make laws."
    Thus, Adminisrative Order No. 308 entitled "Adoption of a National
    Computerized Identification Reference System" was declared null and void for being
    unconstitutional by the Supreme Court.

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