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 had previously sought legal advice from the Department of Justice regarding whether such modifications could be legally made.
The National Economic and Development Authority (NEDA), part of its recommendation to change from the current digital-colored printing (using drop–on-demand or DOD tech) to monochrome laser engraving of the PhilID’s front-facing photo to improve the quality of the photo.
The NEDA also wanted to replace DOD printers and install laser engraving printers, to improve card personalization.
The recommendation was approved by the PhilSys Policy and Coordination Council at no additional cost.
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 this MoA signed on Oct. 1, 2020 a contract for the supply and maintenance of the PhilID with AllCard Inc.
Modifying technical specifications in the PhilID will lead to specific amendments to that MoA.
Remulla stated that there should be no amendments to any contract with the government after it is signed.
He stated that his legal opinion, which was published last weekend but not made public, said that the implementing regulations and regulations (IRRs) of Republic Act 9184 (“Government Procurement Reform Act”), state that amendments cannot be made during “emergency situations or fortuitous circumstances.”
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 the TOR does not allow parties to (i), shift from a colored photo; and (ii), remove digital colored printing form the TOR and instead replace DOD printers by laser engraving machines.”
“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 explained that “the purpose of the stringent guidelines are to protect the public against unlawful schemes where technical specifications initially established as basis for bidding may later be modified during contract administration without sufficient legal base.”