Rajah & Tann Regional Round-Up
your snapshot of key legal developments in Asia
Issue 2 - Apr/May/Jun 2018
 

Congress Ratifies Bicameral Report on National ID System

The House of Representatives on 30 May 2018 ratified the Conference Committee Report on the Philippine Identification System Bill ("Bill"), a day after the Senate did the same.  The Bill has been transmitted to President Rodrigo Duterte for his signature.  After it is signed and published, it shall become effective.


The Bill requires all Filipino citizens and aliens to register in the Philippine Identification System ("PhilSys").  Registered persons will be given a Philsys Number, along with a physical identification ("ID") card that can be used as proof of identification.  It seeks to harmonise existing government-initiated ID cards into a unified ID system. The existing multiple ID systems has been identified as one of the reasons why red tape is prevalent in the country. Filipinos have to present various ID cards when transacting with the Government and the private sector, as well as with organisations abroad. Moreover, the issuance of ID cards from different agencies has created unnecessary expenses, thereby entailing higher production and administrative costs. The enactment of the law is expected to improve the delivery of government services, and make public and private transactions easier.


PhilSys will have three key components: the PhilSys ID, the PhilSys Number ("PSN"), and PhilSys Registry. The PhilSys ID will be a non-transferrable card that will bear the PSN, the full name, facial image, date of birth, blood type, address, and biometric information, including the full set of fingerprints and an iris scan of the individual. The Philippine Statistics Authority, assisted by the Department of Information and Communications Technology, is mandated to act as the PhilSys Registry, the custodian of all data of persons registered in the PhilSys.


According to the Bill, the only two ways by which the registered information can be accessed is if the concerned individual consents to the release of the information or if there is a court order issued in the interest of public health or safety.


Streamlined Procedures for Approval of Energy Project Permits

In a bid to expedite the processing of papers for major energy projects, the Department of Energy ("DOE") has issued Department Circular No. DC 2018-04-0013, the implementing rules and regulations ("IRR") of Executive Order No. 30, Series of 2017, creating the Energy Investment Coordinating Council to streamline the regulatory procedures affecting energy projects.


The IRR provides a streamlined process for the speedy issuance of permits and clearances for energy projects of national significance ("EPNS"). EPNS are major energy projects for power generation, transmission and / or ancillary services identified and endorsed by the DOE as "projects of national significance" that are in line with the policy goals of the Philippine Energy Plans ("PEP") by reason of any of the following attributes:


  • capital investment of PhP3.5 billion;
  • significant contribution to the country's economic development;
  • significant consequential economic impact;
  • significant potential contribution to the country's balance of payment;
  • significant impact on the environment;
  • significant complex technical processes and / or engineering designs; and
  • significant infrastructure requirement.

A certificate of EPNS ("CEPNS") will be issued by the DOE to an energy project that meets the EPNS criteria set out above. The CEPNS facilitates the issuance of permits and licenses, and entitles the project to a 30-working day processing period from submission of complete documentary requirements to the relevant agencies. The failure to make a decision within the specified time will result in the issuance of the permit within 5 working days after the lapse of the 30-working day period.


The action or decision of the government agency extends to both approvals and denials.  If a government agency denies the application, a written explanation which contains the reasons or grounds for denial must be issued to the CEPNS holder. The IRR took effect on 19 May 2018.




Please note that whilst the information in this Update is correct to the best of our knowledge and belief at the time of writing, it is only intended to provide a general guide to the subject matter and should not be treated as a substitute for specific professional advice.

 

Gatmaytan Yap Patacsil Gutierrez
& Protacio (C&G Law)
30/F 88 Corporate Center
SedeƱo cor. Valero Streets
Salcedo Village, Makati City 1227
Philippines
http://www.cagatlaw.com


Contacts:

Ben Dominic R Yap
Managing Partner
D +632 8894 0377
F +632 8552 1978
bdryap@cagatlaw.com

Jaime Renato B Gatmaytan
Partner
D +632 8894 0377
F +632 8552 1978
jrbgatmaytan@cagatlaw.com

Norma Margarita B Patacsil
Partner
D +632 8894 0377
F +632 8552 1978
nmbpatacsil@cagatlaw.com

Anthony Mark A Gutierrez
Partner
D +632 8894 0377
F +632 8552 1978
amgutierrez@cagatlaw.com

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