By Perfecto T. Raymundo, Jr.
QUEZON CITY – The National ID System, which has become a “hot issue” was tackled on Tuesday (Sept. 24) in the Partners Media Forum.
During the Partners Usapang Balita sa Packo’s hosted by Diego Cagahastian and Komfie Manalo, Atty. Eugene Alfaras said “we are trying to uphold the rights of the people and protect the government coffers.”
Atty. Alfaras noted that on January 29, 2024, they filed a petition for prohibition and mandamus through the issuance of a temporary restraining order (TRO) because all the 116 million ID cards were not delivered based on the contract with the BSP and the All Cards as of June 2023, 50 million or 43 percent and not even 50 percent of the 116 million ID cards.
“In every day they are delayed, they are liable for liquidated damages, we also seek a TRO between All Cards and BSP because of the compromise and the liquidated damages, which by January 29, 2024 would amount to P1.1 billion, 12.21 percent of the contract price, ” Alfaras said.
” As of today, more than 50 percent has not yet been delivered by All Cards, the status of which, for them to submit their comments before the Court of Appeals (CA), ” he added.
Alfaras said that the CCWI believes that the contract between the All Cards and the BSP should be terminated already.
“There might be some forum shopping in this case,” he said.
Both the All Cards and the BSP have already submitted their respective memoranda as ordered by the CA.
“Actually, we are reviewing all legal matters once we receive the legitimate copies of those contracts and verify such copies, and we found any anomalies, any irregularities, then we will file cases against those involved personalities,” Alfaras.
He noted that the specific violation is Republic Act No. 9184, or the “Government Procurement Act”.
Manalo noted that the National ID System was enacted into law during the time of President Rodrigo Roa Duterte.
He said that the financial facilities do not recognize the National ID System because it has no signature of the owner.
The BSP recently cancelled the contract for the implementation of the National ID System.
Atty. Frumencio “Sonny” Pulgar, of Citizen Crime Watch Int’l, said that 116 IDs will be made by the BSP, but up to now not even 50 percent of the 116 IDs has been made.
According to Atty. Vitangcol, Atty. Pulgar said, apparently there is also a pending case before the Regional Trial Court (RTC) in connection with the National ID System.
“There has to be a provision in the law which mandates that the BSP should have the responsibility to implement the National ID System,” Pulgar said.
“As far as we are concerned, the BSP has all the facilities. Then BSP Gov. Ben Diokno has the highest salary in government then,” he added.
The CCWI is a citizen standing, which has been acknowledged by the Supreme Court in the case of Francisco Chavez and the Philippine Reclamation Authority wherein Justice Antonio Carpio, who was the chief presidential counsel of President Fidel V. Ramos, the SC said that Francisco Chavez has a legal standing.
Pulgar said that they are planning to seek the assistance of the Senate Blue Ribbon Committee on the National ID System.
Vitangcol noted that the CCWI wrote on January 11, 2023 to the BSP saying that the contract with the All Cards should be terminated, however comes RTC Branch 76 Presiding Judge Pambid, who should have no more jurisdiction over the case. 2024-53 All Cards Inc. claimant versus BSP arbitration case.
Another case filed before the RTC Branch 77 has become a “forum shopping”. The CCWI filed a case before the Office of the Ombudsman against the BSP.
After the termination of the contract, the All Cards with Rey Tevora as president, filed a case before the RTC, which issued a TRO in September 2024.
Cagahastian noted that the law providing for the national ID system was authored by then Sen. Panfilo Lacson, but opposed by the militant organizations. However, then President Rodrigo Roa Duterte supported the National ID System and the task for the implementation was given to the BSP, with the highest salary of about P40 million a year in the person of then Bsp Gov. Benjamin Diokno.
He could not understand the role of the Philippine Statistics Authority (PSA) in the implementation of the National ID System and President Duterte fired Secretary Ernesto Pernia for inefficiency.
Cagahastian noting that the National ID System was the only ID that has no signature, which in the BSP, should have the signature of the owner of the ID so that the ID owner can have access to financial facilities.
Atty. Al Vitangcol, a columnist of Manila Times, said that National ID is a hot issue, which was awarded to All Card Inc. of the BPS 116 million cards by the end of 2023, but it did not happen.
The 116 million cards were not delivered, and the ones delivered have features can be erased. On the terms of reference on the Philippine ID System through Laser Engraving and Colored Picture which cannot be erased.
The “goods cards” should remain and the “bad cards” should be replaced and the PSA and the BSP should implement the National ID System, which subcontracted it to the All Cards.
Vitangcol noted that Judge Pambid said that the BSP cannot impose penalties on All Cards.
“I realized that All Cards used this case against the BSP wherein they specified a certain brand coming from Germany – polycarbonate card—with plastic shield digitally manufactured, approximately P400 million goes to the supplier without public bidding,” Vitangcol said.
All Cards has been putting the blame to the BSP because the delay was caused by the delay to the supplier.
Dr. Ric Fulgencio IV, of the Stop Corruption, first initiated the case against All Cards, however, he died in December 2023 and the case was turned over to the CCWI.
The case before the Ombudsman was filed in January 2024, a week later, another case was filed before the Court of Appeals.