KMU v. Director General, G.R. No. 167798, April 19, 2006

Full text: http://www.lawphil.net/judjuris/juri2006/apr2006/gr_167798_2006.html

Facts:

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

Issue:

WON that EO 420 is unconstitutional because it constitutes usurpation of legislative functions by the executive branch of the government?

Ruling:

No, EO 420 is not unconstitutional because it does constitutes usurpation of legislative functions by the executive branch of the government.

The Court held that, 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." Furthermore, Legislative power is the authority to make laws and to alter or repeal them.

In this case, 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. 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.

Hence, EO 420 is not unconstitutional because it does constitutes usurpation of legislative functions by the executive branch of the government.