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The PHILSYS Act (Philippine Identification System Act, R.A. No. 11055)

Photo from Unsplash | Markus Winkler

 

The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of a lawyer or you may directly contact and consult Alburo Alburo and Associates Law Offices to address your specific legal concerns, if there is any.

Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.


AT A GLANCE

  •  The Philippines Identification System Act shall be primarily established to provide a valid proof of identity for all citizens and resident aliens as a means of simplifying public and private transactions.
  • This PhilSys Act shall apply to all natural persons in all transactions where the PhilSys Number, Philippine Identification (PhilID), or biometric information is required, presented or used, whether legally or illegally, within or outside the Republic of the Philippines.

The Philippines Identification System Act also known as the PHILSYS Act is the single national identification system for all citizens and resident aliens of the Philippines. This Act shall apply to all natural persons in all transactions where the PhilSys Number, Philippine Identification (PhilID), or biometric information is required, presented or used, whether legally or illegally, within or outside the Republic of the Philippines. (Section 4, Republic Act No. 11055 or the Philippine Identification System Act)

 

What is the purpose of establishing PHILSYS?

The law says:

The purpose of such is to promote seamless delivery of service, to improve the efficiency, transparency, and targeted delivery of public and social services, to enhance administrative governance, to reduce corruption and curtail bureaucratic red tape to avert fraudulent transactions and misrepresentations to strengthen financial inclusion, and to promote ease of doing business. (Section 2, R.A. No. 11055)

 

It is likewise the declared policy of the Republic of the Philippines to recognize the indispensable role of the private sector as the main engine of national growth and development, and to provide the most appropriate incentives to mobilize private resources for the purpose of promoting the use and ensuring maximum efficiency of the PHILSYS.

 

What are the objectives of PHILSYS?

The law says:

The PhilSys shall be primarily established to provide a valid proof of identity for all citizens and resident aliens as a means of simplifying public and private transactions.

The PhilSys aims to eliminate the need to present other forms of identification when transacting with the government and the private transactions.

The PhilSys aims to eliminate the need to present other forms of identification when transacting with the government and the private sector, subject to appropriate authentication measures based on a biometric identification system. (Section 3, R.A. No. 11055)

 

As repository and custodian of all data, the Philippine Statistics Authority shall create and maintain a PhilSys Registry that will contain the PSN, registered records, and information of all persons registered in the PhilSys. The information is on the PhilSys Registry shall be classified in a manner that allows safeguards for data privacy and security, access controls, and change management. (Section 6(b), R.A. No. 11055)

 

After a year from the effectivity of the Philippines Identification System Act, it is mandated that every citizen or resident alien shall register personally with their corresponding registration centers that have necessary facilities to capture the information required to be contained in the Registry. (Section 9, R.A. No. 11055)

What are these registration centers?

The law says:

(a) PSA Regional and Provincial Offices;

(b) Local Civil Registry Offices (LCROs);

(c) Government Service Insurance System (GSIS);

(d) Social Security System (SSS);

(e) Philippine Health Insurance Corporation (PhilHealth);

(f) Home Development Mutual Fund (HDMF);

(g) Commission on Election (COMELEC);

(h) Philippine Postal Corporation (PHLPost); and

(i) Other government agencies and GOCCs as may be assigned by the PSA. (Section 9, R.A. No. 11055)

 

On the other hand, In the case of Filipino citizens residing abroad, the registration shall be made in the nearest Philippine Embassy or Philippine Foreign Service post, or other registration centers that may be designated by the Department of Foreign Affairs (DFA) in coordination with the PSA. (Section 9, R.A. No. 11055)

 

What are the basic documentary requirements for registration?

The law says:

The registration centers shall require the presentation of the applicant’s birth certificate as a basic documentary requirement for identification of citizens seeking to register with the PhilSys: Provided, That for resident aliens, proof of his her residence in the Philippines shall be required: Provided, further, That in order to ensure easier verification citizens and resident aliens may be allowed to submit an alternative or additional document/s to provide his her identity. Notwithstanding the foregoing, appropriate guidelines shall be issued to ensure that the registration is not prohibitive and restrictive as to unduly defeat the purpose of this Act. (Section 10, R.A. No. 11055)

 

What is the safeguard of the law against unlawful disclosure of information/records of all registered persons in the PHILSYS?

The law says:

The PSA with the technical assistance of the DICT shall be implement reasonable and appropriate organizational, technical and physical security measures to ensure that the information gather for the PhilSys, including information stored in the PhilSys Registry, is protected from or unauthorized access, use, disclose, and against accidental or intentional loss, destruction, or damage. Moreover, PSA hall ensure that individuals are adequately informed upon registration for PhilSys on how their data will be used and how they can access their registered information and record history.

While upholding the confidentiality provisions under Republic Act No. 10625, otherwise known as the “Philippine Statistical Act of 2013”, all data collated by the PSA under the PhilSys may be used to generate aggregate data or statistical summaries without reference to or identification of any specific individual: Provided, That nothing in this Act shall construed as prohibiting or limiting the sharing or transfer of any personal data that is already authorized or required by law. (Section 18, R.A. No. 11055)

 

When may a person disclose information of registered persons with the PHILSYS?

The law says:

(a) When the resgitered person has given his or her consent, specific to the purpose prior to the processing; and

(b) When the compelling interest of public health or safety so requires, relevant information may be disclosed upon order to the public is established and the owner of the information is notified within seventy-two (72) hours of the fact of such disclosure. (Section 17, R.A. No. 11055)

 

Penal provisions are likewise provided in the law for any person who shall utilize the information obtained in an unlawful manner.

The law says:

Any person who utilizes the PhilID or PSN in an unlawful manner or use the same to commit any fraudulent act or for other unlawful purpose/s shall be punished with imprisonment of not less than six (6) months but more than twi (2) years or a fine of not less than Fifty thousand pesos (₱50,000.00) but not more than Five hundred thousand pesos (₱500,000.00), or both, at the discretion of the court. (par. 2, Section 19, R.A. No. 11055)


Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding taxation and taxpayer’s remedies, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.

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