Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

Introduced by HONORABLE JUAN EDGARDO “SONNY” M. ANGARA

EXPLANATORY NOTE

The government is in a continuing quest to search for fast-approaches to solve problems
of bureaucratic procedures. Red tape has been the focus of complaints of many who queue in
government offices. It is not surprising therefore, that a number of treatises on public
administration validated the impressions imprinted in the minds of common civilians anent the
inefficiency plaguing the governmental workforce as well as the leadership itself,

The problem accounts as a primary reason for the failure of bringing governmental effort
closer to the people. And just like us, other countries are on the look out to experiment on
innovative approaches to solve red tape. But the experiences of such countries as Germany,
Japan, Indonesia, South Africa and Malaysia provide examples in addressing the said
bureaucratic system through the ID System. In these countries, government transactions are
easily facilitated and immediately responded to with the use of ID.

This bill seeks to establish an effective system to curb the perennial problems of red
tape in the bureaucracy and to simplify the process relative to public and private transactions of
citizens, It is also aimed at preserving national security by institutionalizing an effective system
of monitoring the movement and activities of citizens so that investigation and prosecution of
criminal acts as well as civil liabilities could be more easily facilitated.

Early approval of this bill is earnestly requested.

Ds

JAN EDGARDO “SONNY’
Representative
Lone District, Province of Aurora

”M. ANGARA


FIFTEENTH CONGRESS OF THE)
REPUBLIC OF THE PHILIPPINES —_)
First Regular Session )

&56
H.B. No. _

Introduced by Honorable JUAN EDGARDO “SONNY” M. ANGARA

AN ACT
ESTABLISHING A NATIONAL IDENTIFICATION SYSTEM IN THE PHILIPPINES,
CONSTITUTING FOR THE PURPOSE THE NATIONAL REGISTRATION
COORDINATING COUNCIL, AND FOR OTHER PURPOSES

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 4, Title. This Act shall be known as “The National Multi-Purpose ID Card
Act of 2010."

SEC. 2. Declaration of Policy. It is hereby declared a policy of the State to improve
and uplift public service in the country, by promoting and facilitating legitimate transactions with
Government offices as well as with private and business entities. For this purpose, there is a
need to establish an effective system to curb the perennial problem of red tape in the
bureaucracy and to simplify the processes relative to public and private transactions.

It is likewise an imperative policy to strengthen citizenship, immigration and national
security laws. :

The implementation of a National Identification System in this regard, with full protection
accorded to the right to privacy of the individuals covered thereby, and with the full cooperation
and active participation of various basic services and social security- providing agencies and
other Government instrumentalities, will contribute to the attainment of the foregoing declaration
of policy.

SECTION 3. Definition of Terms. - The following terms as used in this Act shall mean:

a) “ID Card" - The national identification card issued by a participating agency in the
implementation of the National Identification System, the features and uses of which
are as indicated in this Act and as to be determined by the Council; provided, that
the ID Card shall be used only by the Owner in order to avail of the services defined
in this Act; provided, further, that the ID Card shall not be used to store data on the
Owner more than is necessary and material as required in this Act;

b) "ID Number" - The Primary Reference Number determined by the National
Statistics Office and issued to every citizen of the Philippines; or the number issued
by the Bureau of Immigration to every foreign national who applies for an Alien
Certificate of Registration pursuant to Republic Act No. 562 (1950), as amended;


©) “Council” - The National Registration Coordinating Council constituted under this
Act;

d) "NSO" - The National Statistics Office created pursuant to Commonwealth Act No
591 (1940), as amended;

) "System" - The National Identification System established and authorized for
implementation pursuant to this Act;

f) "Owner" - The only authorized holder, possessor and user of the ID Card;

9) “Data” - The personal and other circumstances of the person to whom was issued a
National Identification Card, all of which are encoded in said ID Card, and kept in
the records of the participating agencies;

h) "Use" - The authorized functional use of the ID Card pursuant to this Act and as
may be hereafter prescribed by the Council;

i) “Participating Agency" - A branch, agency, subdivision or instrumentality of the
Government of the Republic of the Philippines, accredited by the Council to
implement the National Identification System.

SEC. 4. The National Identification System. A National Identification System is
hereby established and instituted, to provide official identification of all citizens of the Republic
of the Philippines, and all foreign nationals permanently residing in the Philippines, through the
issuance of a National Identification Card with ID Number of a permanent character, to convert
and consolidate all existing Government-initiated identification systems intended for various
purposes into one, integrated and multi-purpose system.

SEC, 5, Issuance of Primary ID Number. All citizens of the Republic of the Philippines,
upon registration of birth or upon their acquisition of Philippine citizenship, shall be issued by the
NSO a Primary Reference Number, which shall serve as the identification number. The Primary
Reference Number shall reflect only the basic data on the Owner of the ID card Such Primary
Reference Number issued to a citizen shall not be transferable to another, and shall remain
his/her number regardless of any change in his/her status, residence or other personal
circumstances. For this purpose, the NSO shall, in the determination of the Primary Reference
Number, devise a system of issuing such numbers with due regard to the immutability of such
number in relation to the person to whom it was issued.

All such citizens born before the effectivity of this Act, or who acquired Philippine
citizenship before the effectivity of this Act, shall secure their Primary Reference Number from
the NSO.

SEC. 6. Issuance of Subsidiary ID Numbers. The participating agencies in the System
may issue subsidiary numbers to the Primary ID Number issued under Section 5 hereof, with
due regard to the requirements of such agencies and under such conditions as the Council shall
prescribe .


SEC. 7. Citizens of Other Countries. Citizens of other countries permanently residing
in the Philippines shall likewise be assigned an ID Number and issued an ID Card at reasonable
cost in the manner prescribed by the Bureau of Immigration; provided, that the assignment of an
ID Number and issuance of the corresponding ID Card shall be done not later than the date of
issuance of the Alien Certificate of Registration issued pursuant to Republic Act No. 562 (1950),
as amended.

An accredited official of a recognized international organization, or of a foreign
government with whom the Republic of the Philippines has established diplomatic relations, and
members of his/her family and official staff, who are not citizens of the Philippines, shall not be
required to secure an ID Number or the ID Card contemplated under this Act.

SEC. 8. Issuance of the ID Card. All persons qualified under Section 4 and Section 5,
respectively, hereof shall be issued by any of the participating agencies a National Identification
Card not earlier than at the age of sixteen (16) years, free of charge and in the manner
prescribed by the Council; provided, that in case a participating agency requires the issuance of
an ID Card for those transacting business with it who may be younger than sixteen (16) years
old, such agency shall do so under such conditions as the Council shall prescribe.

SEC. 9. Features of the ID Card. The National Identification Card shall be made of a
tamper-proof security material. It shall have on its face the ID Number, the imprinted
photograph, name, birth date, date of issue, signature of the Owner, and such other material
and necessary data as may be required by the Council and the participating agencies.

The Council shall likewise establish the standards in the use of biometric technology and
in computer application designs of the System.

SEC. 10, Validity of the ID Card. The ID Card shall be valid effective upon its issuance
by the participating agency, and for as long as the material of which it is made permits its
usage, unless sooner cancelled upon the death of the Owner, or surrendered by the Owner, or
revoked, cancelled or recalled by the participating agency for good cause shown.

The ID Card may be replaced during its validity period, upon written application by the
‘owner of the ID Card, to reflect the changed circumstances of the Owner.

SEC. 11. Issuance of Replacement Card. A new ID Card which replaces a lost, worn-
out or destroyed card, or upon written application by the Owner, shall be issued by a
participating agency in the manner to be prescribed by the Council

SEC. 12. Safeguards. The Council and the participating agencies shall take appropriate
and necessary measures to ensure that the privacy, confidentiality, integrity and accuracy of an
individual's personal data are protected from unwarranted and unauthorized access. Such
safeguards shall, as a minimum, include the following:
a) The Council and the participating agencies shall limit the number of persons who can
have access to the data on the ID Card;

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b) The ID Card will be protected by advanced security features and cryptographic
technology;

c), The Council shall ensure that only minimal, material and necessary data to the
‘Owner and to the participating agency issuing the ID Card shall be recorded and
stored in the ID Card;

d) There will be a stringent system of access control, including passwords or personal
identification numbers; different levels of access; and, audit trails;

e) The Owner of the ID Card shall be provided with the means to access, print and
interpret the data on his/her card and the application of such data;

f) Any correction of relevant data stored in the ID Card shall be effected only upon a
written request by the Owner of the ID Card, under such conditions as the
participating agency issuing the ID Card shall prescribe; and

g) All data included in the database shall be kept and treated as strictly confidential,
and shall not be accessed or disclosed except upon written authorization of the
Owner and in accordance with the requirements of Section 22 and Section 23,
respectively, of this Act

SEC. 13. Non-transferability. The ID number issued pursuant to this Act is unique to
the Owner of the ID Card. Both the ID Number and the ID Card are non-transferable, and shall
not be assigned to any other individual even after the death of its owner. For this purpose, the
participating agency shall devise a system of retiring ID numbers no longer in use on account of
death of the owners or for other reasons.

SEC. 14. Limitation on Data to be Stored. The right to privacy of the Owner of the ID
Card is paramount, and shall be respected by the Council and the participating agencies in the
implementation of the System. For this purpose, only such data personal to the Owner of the ID
Card and which are material and necessary to carry out the functional uses of the ID Card as
enumerated in Section 14 hereof shall be stored in the ID Card.

SEC. 15. Functional Uses of the Card. The National Identification Card shall serve as
the only official identification of the person to whom it is issued and shall be valid and accepted
for all legal intents and purposes, which shall include, but shalll not be limited to, the following:

a) Availment of SSS and GSIS benefits;

b) Application for driver's license, passport, marriage license, and business permits;

c) Issuance of death certificate;

) Application for clearances, licenses and permits from investigative and police

agencies;

) Availment of services in health and medical institutions;

f) Application for employment;

9) Availment of benefits under Republic Act No. 7432 ("The Senior Citizens Law’);

h) Pre-requisite for registration as a voter, and for the exercise of the right to vote;

i) Payment of taxes, fees and other charges;

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j) Opening of bank accounts;

k)_Encashment of checks:

|) Applications for loans, credit cards, and utilities;

m) Purchase of stocks;

1n) Insurance claims;

0) Receipts of payments, checks, valuables, etcetera; and

p) Claiming mail matters.

Other functional uses of the ID Card shall be determined by the Council

SEC. 16. Absence of ID Card. Failure of any person to present his/her ID Card when
transacting business with the Government or with private entities requiring the use and
presentation of the ID Card shall not be a ground to deny or limit him/her of the basic
Government and private services as long as he/she is qualified under existing laws.

SEC. 17. National Registration Coordinating Council. The National Registration
Coordinating Council is hereby constituted, which shall be a collegial body, consisting of
permanent representatives of various government agencies with direct involvement in the
development and implementation of the System, to be appointed by their respective heads,
including, but not limited to the Commission on Elections, the Department of Foreign Affairs, the
Department of Interior and Local Government, the Department of National Defense, the Bureau
of Immigration, the National Statistics Office, the Land Transportation Office, the Bureau of
Internal Revenue, the Social Security System, the Government Service Insurance System, and
the Philippine Health Insurance Corporation.

The Council shall be assisted by a Secretariat, headed by an officer in the NSO not
lower in rank than a Director Ill, and with all the participating agencies in the System
represented therein,

The Administrator of the NSO shall serve as permanent chairman of the Council.

SEC. 18. Powers and Functions of the Council. The Council shall exercise the
following powers and functions:

a) To issue, adopt and prescribe implementing rules and regulations for the effective
implementation of this Act;

b) To design the ID Card to be issued by the participating agencies, incorporating therein
the basic features of the ID Card and the safeguards for its issuance and uses as
indicated in this Act;

c) To adopt all measures to maintain the privacy and security of all personal information
maintained or kept by the participating agencies and all private entities or institutions
with existing databases or registries of individuals, to prevent their unauthorized
disclosure and ensure the confidentiality and proper management of these personal
data;

d) To adopt rules and regulations for the registration of persons, entities or institutions
handling registries or databases of personal data of individuals, and determine which

5


personal information being obtained, kept or maintained should be deemed
confidential;

€) Without prejudice to Section 19 hereof, to entertain, initiate, motu proprio or at the
instance of the Owner of the ID Card, and endorse to the Department of Justice any
complaint for the criminal prosecution of persons for any violation of the provisions of
this Act;

f) To adopt all measures to ensure the security, integrity and authenticity of all 1D Cards
issued under the System;

g) To conduct or hold extensive public information campaign on the System in
coordination with the Philippine Information Agency;

h) To submit to Congress a written report of its operations and activities within sixty (60)
days after the opening of every regular session; and

i) To perform such other functions necessary to effectively implement the provisions of
this Act.

SEC. 19. Assistance. The Council shall call upon all branches, agencies, subdivisions
and instrumentalities of Government to assist and cooperate with the Council in the effective
implementation of the provisions of this Act.

SEC. 20. Enforcement by the Participating Agencies. All participating agencies shall
have the power and authority to effectively enforce the provisions of this Act.

In addition to their powers under their respective charters and under the Code of 1987
(Executive Order No. 292), the participating agencies shall have the power to issue cease and
desist orders to prevent fraud or injury to individuals whose rights to privacy may be violated

with the collection and use of personal data or information about him/her pursuant to the
implementation of this Act.

SEC. 21, Prohibited Acts; Penalties. The penalty of imprisonment from six (6) months
and one (1) day to six (6) years shall be imposed upon any offender found guilty of the following
acts or omissions:
a) The willful submission, or causing to be submitted, of a fictitious name and other
false data in the application form for a National Identification Card;
b) The unauthorized printing, preparation or issuance of a National Identification Card;
©) The falsification, mutilation, alteration of, or tampering with, the National Identification
Card;
d) The unauthorized use of a National Identification Card by any person other than the
‘one to whom the card was issued; and
e) The possession of a fake, falsified or altered National Identification Card.

SEC. 22. Refusal to Accept. Any person who shall willfully and unjustifiably refuse to
accept, acknowledge and/ or recognize the National Identification Card as the only official
identification of the Owner thereof shall be liable to a penalty of a fine of not more than Twenty

6


Thousand Pesos (Php20,000.00), at the discretion of the Court, for the first offense. Any
subsequent violation shall be punishable by a fine of not less than Fifty Thousand Pesos
(PhpS0,000.00) but not more than One Hundred Thousand Pesos (Phpl00,000.00), at the
discretion of the Court.

SEC. 23, Confidentiality. Without prejudice under existing laws applicable to the
participating agencies, the records, reports and documents duly accomplished and submitted to
a participating agency by the Owner of the ID Card, and any such records, reports and
documents encoded in the database of the participating agency and/or reflected in the ID Card,
shall be kept and treated as strictly confidential. They shall not be divulged without the written
consent of the Owner or pursuant to a lawful Court order upon a prior endorsement by the
participating agency, and shall be presumed correct as to the data and other matters stated
therein, unless the necessary corrections to such records, reports and documents have been
properly made upon written authorization by the Owner.

SEC. 24, Disclosure. Any person who shall willfully use or disclose data or information
furnished by the Owner of the ID Card, without written authorization from the latter, or except by
a lawful Court order upon a prior endorsement by the participating agency, or as may be
authorized by law, shall be liable to a penalty of a fine of not more than Fifty Thousand Pesos
(Php50,000.00) or imprisonment for not more than six (6) months, or both, at the discretion of
the Court.

SEC. 25. Congressional Oversight Committee. There is hereby created for purposes
of the implementation of this Act a congressional oversight committee composed of five (5)
members from the Senate designated by the Senate President and five (5) members from the
House of Representatives designated by the Speaker of the House of Representatives;
Provided, That of the five (5) members to be designated by each house of Congress, three (3)
of them shall come from the majority and the remaining two (2) from the minority.

SEC. 26. Appropriation. The amount of Twenty Million Pesos (Php20,000,000.00) is
hereby appropriated out of funds of the National Treasury not otherwise appropriated, as
operating funds of the Council and for it to undertake the information campaign required under
this Act. Thereafter, such funds sufficient to fully carry out the purposes of this Act shall be
appropriated for the Council and every participating agency every fiscal year in the General
Appropriations Act.

SEC, 27. Transitory Provisions. Within three (3) months from its full constitution and
activation, the Council shall adopt a staggered program of implementation of the System as to
coverage, with due regard to the existing identification projects of participating agencies, to
realize economies of scale


The Council shall, within the same period, coordinate with other Government agencies
that issue similar identification numbers for varied purposes, in order to integrate all such
systems in the National Identification System.

SEC. 28. Information Campaign. Within six (6) months from the effectivity of this Act,
the Council shall undertake an extensive campaign program to explain the implementation of
the National Identification System to all citizens and resident aliens in the country.

SEC, 29. Implementing Rules. The Council shall, not later than sixty (60) days from
its full constitution, promulgate the Implementing Rules of this Act. Such Rules shall be effective
fifteen (15) days from their publication in a newspaper of general circulation.

SEC. 30. Repealing Clause. All laws, presidential decrees, orders, rules or regulations
or parts thereof which are inconsistent with this Act are hereby repealed and/or modified
accordingly.

SEC. 31. Effectivity Clause. This Act shall take effect fifteen (15) days after its
complete publication in two (2) newspapers of general circulation.

Approved,