Ople vs. Torres, G.R. No. 127685 July 23, 1998

Full text: https://www.lawphil.net/judjuris/juri1998/jul1998/gr_127685_1998.html

The topic of this case covers delineation of Legislative and Executive powers

Facts:

Petitioner Ople prays that we invalidate Administrative Order No. 308 entitled "Adoption of a National Computerized Identification Reference System" on two important constitutional grounds, viz: 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.

Petitioner contends that the establishment of a national computerized identification reference system requires a legislative act. The issuance of A.O. No. 308 by the president of the republic of the Philippines is, therefore, an unconstitutional usurpation of the legislative powers of the congress of the Republic of the Philippines.

Issue:

WON the issuance of A.O. No. 308 by the president of the republic of the Philippines is an unconstitutional usurpation of the legislative powers of the congress of the Republic of the Philippines?

Ruling:

Yes, the issuance of A.O. No. 308 by the president of the republic of the Philippines is an unconstitutional usurpation of the legislative powers of the congress of the Republic of the Philippines.

The Court held that the Constitution, as the will of the people in their original, sovereign and unlimited capacity, has vested this power in the Congress of the Philippines. The grant of legislative power to Congress is broad, general and comprehensive. The legislative body possesses plenary power for all purposes of civil government. Any power, deemed to be legislative by usage and tradition, is necessarily possessed by Congress, unless the Constitution has lodged it elsewhere. In fine, except as limited by the Constitution, either expressly or impliedly, legislative power embraces all subjects and extends to matters of general concern or common interest.

While Congress is vested with the power to enact laws, the President executes the laws. The executive power is vested in the Presidents. It is generally defined as the power to enforce and administer the laws. It is the power of carrying the laws into practical operation and enforcing their due observance.  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.

In this case, A.O. No. 308 involves a subject that is not appropriate to be covered by an administrative order. It establishes for the first time a National Computerized Identification Reference System. Such a System requires a delicate adjustment of various contending state policies — the primacy of national security, the extent of privacy interest against dossier-gathering by government, the choice of policies, etc. 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.

Hence, the issuance of A.O. No. 308 by the president of the republic of the Philippines is an unconstitutional usurpation of the legislative powers of the congress of the Republic of the Philippines.