kmu vs ermita, gr no. 167798 case digest

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KMU vs. Ermita GR No. 167798 FACTS: In April 13, 2005, President Gloria Macapagal – Arroyo issued Executive Order 420 requiring all government agencies and government-owned corporations to streamline and harmonize their Identification Systems. The purposes of the uniform ID data collection and ID format are to reduce costs, achieve efficiency and reliability and ensure compatibility and provide convenience to the people served by government entities. Petitioners allege that EO420 is unconstitutional because it constitutes usurpation of legislative functions by the executive branch of the government. Furthermore, they allege that EO420 infringes on the citizen’s rights to privacy. ISSUE: In issuing EO 420, did the president make, alter or repeal any laws? RULING: Legislative power is the authority to make laws and to alter or repeal them. 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.

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KMU vs Ermita Case Digest

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Page 1: KMU vs Ermita, GR No. 167798 Case Digest

KMU vs. Ermita GR No. 167798

FACTS: In April 13, 2005, President Gloria Macapagal – Arroyo issued Executive Order 420 requiring all government agencies and government-owned corporations to streamline and harmonize their Identification Systems. The purposes of the uniform ID data collection and ID format are to reduce costs, achieve efficiency and reliability and ensure compatibility and provide convenience to the people served by government entities.Petitioners allege that EO420 is unconstitutional because it constitutes usurpation of legislative functions by the executive branch of the government. Furthermore, they allege that EO420 infringes on the citizen’s rights to privacy.

ISSUE: In issuing EO 420, did the president make, alter or repeal any laws?

RULING: Legislative power is the authority to make laws and to alter or repeal them. 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.