The proposal to alter colored photos in the Philippine Identification System ID, also known as the Philippine Identification Card or the Philippine Identification Card (PhilID), is “legally invalid,” Justice Secretary Jesus Crispin Remulla stated.
Bangko Sentral ng Pilipinas, (BSP), sought earlier the legal opinion of Department of Justice to determine if such modification could legally be undertaken.
The National Economic and Development Authority (NEDA), part of its recommendation to change from digital colored printing (using Drop-on-Demand or DOD technology) and to monochrome engraving of the PhilID’s front-facing photo to improve photo quality, recommended the modification.
The NEDA sought to replace DOD printers by laser engraving printers in order to increase card personalization.
Later, the PhilSys Policy and Coordination Council issued a resolution approuving the recommendation at no cost to the government.
The council also approved signing the revised technical specifications for monochrome printing. These will form part of the memorandum-of-accord (MoA).
For the production of the PhilID, the BSP and Philippine Statistics Authority entered into a MoA on June 2, 2020.
BSP, in fulfillment of the MoA, signed a contract Oct. 1, 2020 with AllCard Inc. to supply the PhilID.
Modifying technical specifications in the PhilID will lead to specific amendments to that MoA.
Remulla stated that after a contract has been signed, no amendments should ever be made.
His legal opinion of last November 9, which was made public over the weekend, stated that the implementing rules (IRRs), Republic Act 9184, “Government Procurement Reform Act”, states that amendments are only allowed during “emergency” cases or “fortuitous events.”
Remulla stated that “based on the foregoing it is mandatory to establish their existence to warrant amendment of order or in this instance any change in technical specifications or terms and reference of existing government contracts.”
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 stated that there is no TOR provision which allows parties to: (i) change from a colored photograph to laser engraving printers; (ii) remove digital printed color printing from theTOR and replace it with laser engraving printers.
“Colored is quite different from monochrome and colored DOD printers provide different outputs to laser engraving printers (monochrome). He explained that the switch from colored printing to monochrome engraving and the replacement of DOD Printers with laser engraving printers were substantial amendments that would make such executed contract, if modified, an entirely different contract than the one that was bid upon.”
Remulla stated, “The rationale behind the strict guidelines is to protect the public from illegal schemes where the technical specifications originally set out as basis of bidding will later become modified during contract execution without sufficient legal basis.”