THE Department of Justice (DOJ) has thumbed down the proposal of the Bangko Sentral ng Pilipinas (BSP) to use monochrome photos in the identification card issued by the Philippine Statistics Authority (PSA).
In a five-page legal opinion dated November 9, Justice Secretary Jesus Crispin Remulla said the proposal is “legally infirm” because it was categorically stated in the memorandum of agreement between the BSP and the PSA that the photograph must be colored and should be done through a combination of laser engraving and digital colored printing or drop-on-demand technology.
“The BSP is of the position that the proposed amendment to a provision of the terms of reference of the Card Personalization contract with AllCard, Inc.is not substantial or material considering that the shift to monochrome printing of the photograph does not render BSP’s executed contract with AllCard, Inc. to be an entirely different contract from the one that was bidded out. We do not agree,” Remulla said.
AllCard Inc. is the contractor for the supply and personalization of the national ID card.
The BSP has said that the proposed amendment to use monochrome printing for the photograph is not substantial and is allowed under the Implementing Rules and Regulations of Republic Act No. 9184, or the Contract Implementation Guidelines for the Procurement of Goods, Supplies and Materials.
But Remulla said: “There is nothing in the terms of reference which authorizes the parties to shift from colored photograph and remove digital colored printing and instead replace drop-on-demand laser printers with laser engraving printers.”
He added colored printing is different from monochrome printing, thus, the “shift from colored printing to monochrome laser engraving and the shift to drop-on-demand printers with laser engraving printers are substantial amendments to the contract.”
“It would render such executed contract, if amended, to be an entirely different contract from the one that was bidded out,” Remulla stressed.
The BSP sought the DOJ’s legal opinion based on the recommendation of the National Economic Development Authority to shift from the current digital colored printing using drop-on-demand technology to monochrome laser engraving of the PhilSys IDs’ front-facing photograph to enhance photo quality and replace the DOD printers with laser engraving printers to increase the capacity of card personalization.
The PhilSys Policy and Coordination Council has issued a resolution approving the recommendation to shift from digital colored printing to monochrome laser engraving for the Philippine ID cards at no additional cost to the government.
It also allowed BSP to amend its contract with AllCard for the replacement of the drop-on-demand machines with laser engraving machines.
However, Remulla said the proposed actions are “legally infirm.”
“In the case at hand, it may be inferred that the proposed changes in technical specifications and terms of reference are to ensure that the target set at 50 million Phil(Sys) IDs issued at the end of 2022 is achieved. However, it must be stressed that except in emergency cases or fortuitous events, and in cases where necessary for the protection of the goods, it is our opinion that the provisions of the guidelines pertinent to amendment to order is not applicable as there is no emergency or fortuitous events existing that would warrant the changes,” the DOJ chief said.
Remulla advised the BSP to instead opt to utilize Item XIV (Reservation Clause) of the terms of reference which states that the “BSP reserves the right to require the contractor to provide additional equipment, at no additional cost to BSP, in case target card personalization per day needs to be increased.”
He said this would not entail any amendment or modification in the contract.
