The proposal to alter colored photos in the Philippine Identification System ID, also called the Philippine Identification Card or the Philippine Identification Card (PhilID), is considered “legally invalid”, Justice Secretary Jesus Crispin Remulla stated.
Bangko Sentral ng Pilipinas had previously sought legal advice from the Department of Justice regarding whether this modification could be legally done.
The National Economic and Development Authority (NEDA), part of its recommendation to change from current digital color printing (using drop–on-demand (DOD) technology) to monochrome Laser engraving of the PhilID’s front-facing photo to improve the quality of photos, recommended the modification.
The NEDA sought to also replace DOD printers by laser engraving printers in order to improve card personalization.
After the initial recommendation was approved by the PhilSys Policy and Coordination Council, a resolution was issued at no cost to government.
Additionally, the council approved signing the revised technical specifications for monochrome printing. These will form part of the Memorandum of Agreement (MoA).
BSP and Philippine Statistics Authority entered into the MoA date June 2, 2020 for the production the PhilID.
BSP executed a contract with AllCard Inc. on October 1, 2020 to fulfill this MoA.
Specific amendments will be made to the MoA as a result of the PhilID’s modification to certain technical specifications.
Remulla stated that after a contract has been signed, no modifications should be made.
He stated that his legal opinion, which was published last weekend but not made public, said that Republic Act 9184’s implementing rules (IRRs) states that amends cannot be made during emergencies or fortuitous circumstances.
Remulla explained that it was mandatory to show the presence of the conditions mentioned above to justify amendment to an order. In this case Remulla also stated that any changes in technical specifications or terms and reference to government contracts have to be established.
He reminded the BSP that the existing terms of reference state that the PhilIDs have “colored photograph on the cards through a combination of laser engraving and digital colored printing/drop-on-demand technology.”
“The foregoing provision is categorical that the photograph must be colored, and it should be done through a combination of laser engraving and digital colored printing/drop-on-demand technology. Remulla explained that the TOR does not allow parties to (i), shift from colored photographs; or (ii), remove digital colored printing form the TOR and replace it with laser engraving machines.
The output of colored printers (colored), are very different than monochrome laser engraving machines (monochrome). The switch to monochrome laser engraving from colored printing and to laser engraving are significant amendments that would make the executed contract, if it was amended, completely different.” he said.
Remulla said, “The purpose of the strict guidelines is to protect public against unlawful schemes where technical specifications that were initially established as basis for bidding are later modified during contract execution without sufficient legal base.”