REVENUE MEMORANDUM CIRCULAR NO. 79-2018 issued on September 7, 2018 publishes the full text of Republic Act No. 11055 entitled, “An Act Establishing the Philippine Identification System”.

     The Philippine Identification System (PhilSys) is the government’s central identification platform for all citizens and resident aliens of the Philippines. An individual’s record in the PhilSys shall be considered as an official and sufficient proof of identity.

     The PhilSys shall primarily be established to provide a valid proof of identity for all citizens and residents 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 sector, subject to appropriate authentication measures based on a biometric identification system.

     Furthermore, the PhilSys shall be a social and economic platform through which all transactions including public and private services, can be availed of, and shall serve as the link in the promotion of seamless service delivery, enhancing administrative governance, reducing corruption, strengthening financial inclusion, and promoting ease of doing business.

     The Philippine Identification (PhilID) shall be the physical medium issued to convey essential information about the person’s identity containing on its face the PhilSys Number (PSN), full name, sex, blood type, marital status (optional), place of birth, a front facing photograph, date of birth, and address of the individual in whose favor it was issued.

     All information appearing in the PhilID should match with the registered information in the PhilSys. The PhilID shall contain QR Code which contains some fingerprint information and other security features as safeguards for data privacy and security, and prevention against proliferation of fraudulent or falsified identification cards.

     The Philippine Statistics Authority (PSA) in consideration of advances in technology, utility, security and confidentiality may, subject to appropriate guidelines that shall be issued on the matter, provide citizens or resident aliens with mobile PhilID.

     The PhilID shall serve as the official government-issued identification document of cardholders in dealing with all national government agencies, Local Government Units (LGUs), Government Financial Institutions (GFIs), and all private sector entities.

     The PhilID shall be honored and accepted, subject to authentication, in all transactions requiring proof or verification of citizens or resident aliens’ identity, such as, but not limited to:

• Application for eligibility and access to social welfare and benefits granted by the government;
• Application for services and benefits offered by GSIS, SSS, PhilHealth,
• HDMF, and other government agencies;
• Application for passports and driver’s license;
• Tax-related transactions;
• Registration and voting identification purposes;
• Admission to any government hospital, health center or similar institution;
• All other government transactions;
• Application for admission in schools, colleges, learning institutions and universities, whether public or private;
• Application and transaction for employment purposes;
• Opening of bank accounts and other transactions with banks and other financial institutions;
• Verification of cardholder’s criminal records and clearances; and
• Such other transactions, uses or purposes, as may be defined in the IR

     The PSN and biometrics of an individual, as authenticated through the PhilSys, shall be honored and accepted, notwithstanding the absence or non-presentation of a PhilID.

     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 or 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 prove his or 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 the Act.

     The initial application and issuance as well as the renewal of the PhilID for citizens shall be free of charge. A standard fee shall be collected by the issuing agency from resident aliens and on the reissuance of a replacement card: Provided, That the PSA may identify instances wherein fees on replacement card may be waived.

     One (1) year after the effectivity of the Act, every citizen or resident alien shall register personally with the following registration centers that have the necessary facilities to capture the information required to be contained in the Registry:

1. PSA Regional and Provincial Offices;
2. Local Civil Registry Offices (LCROs);
3. Government Service Insurance System (GSIS);
4. Social Security System (SSS);
5. Philippine Health Insurance Corporation (PhilHealth);
6. Home Development Mutual Fund (HDMF);
7. Commission on Elections (COMELEC);
8. Philippine Postal Corporation (PHLPost); and
9. Other government agencies and GOCCs as may be assigned by the PSA.

     No person may disclose, collect, record, convey, disseminate, publish, or use any information of registered persons with the PhilSys, give access thereto or give copies thereof to third parties or entities, including law enforcement agencies, national security agencies, or units of the Armed Forces of the Philippines (AFP), except in the following circumstances:

1. When the registered person has given his or her consent, specific to the purpose prior to the processing; and
2. When the compelling interest of public health or safety so requires, relevant information may be disclosed upon order of a competent court, provided that the risk of significant harm to the public is established and the owner of the information is notified within seventy-two (72) hours of the fact of such disclosure.

     Information disclosed shall not be used except for the specific purpose for which it was authorized and shall not be divulged by any person to any third party other than the person so authorized.

     Any person or entity who, without just and sufficient cause, shall refuse to accept, acknowledge and/or recognize the PhilID or PSN, subject to authentication, as the only official identification of the holder/possessor thereof shall be fined in the amount of Five Hundred Thousand Pesos (P500,000.00).

     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 not more than two (2) years or a fine of not less than Fifty Thousand Pesos (P50,000.00) but not more than Five Hundred Thousand Pesos (P500,000.00), or both, at the discretion of the court.

     The penalty of three (3) years to six (6) years imprisonment and a fine of One Million Pesos (P1,000,000.00) to Three Million Pesos (P3,000,000.00) shall be imposed upon any offender found guilty of any of the following acts or omissions:

1. Willful submission of or causing to be submitted a fictitious name or false information in the application, renewal, or updating in the PhilSys by any person;
2. Unauthorized printing, preparation, or issuance or a PhilID by any person;
3. Willful falsification, mutilation, alteration, or tampering of the PhilID by any person;
4. Use of the PhilID/PSN or unauthorized possession of a PhilID, without any reasonable excuse by any person other than the one to whom it was issued or the possession of a fake, falsified, or altered PhilID; or
5. Willful transfer of the PhilID or the PSN to any other person.

     The penalty of six (6) years to ten (10) years imprisonment and a fine of Three Million Pesos (P3,000,000.00) to Five Million Pesos (P5,000,000.00) shall be imposed upon any offender found guilty of any of the following acts or omissions:

1. Any person who shall collect or use personal data in violation of Section 12 of the Act.
2. Any person who shall willfully use or disclose data or information in violation of Section 17 of the Act; or
3. Any person not covered by the succeeding paragraphs, who shall access the PhilSys or process data or information contained therein without any authority.

     Malicious disclosure of data or information by officials, employees or agents who have the custody or responsibility of maintaining the PhilSys shall be penalized with ten (10) years to (15) years imprisonment and a Five Million Pesos (P5,000,000.00) to Ten Million Pesos (P10,000,000.00). If financial profit resulted from such disclosure or processing of the data or information, the guilty person shall, in addition, pay twice the amount gained from such act.

     Officials, employees or agents who have the custody or responsibility of managing or maintaining the PhilSys shall be penalized with three (3) years to six (6) years imprisonment and a fine of One Million Pesos (P1,000,000.00) to Three Million Pesos (P3,000,000.00) if by their own negligence, the PhilSys is accessed by unauthorized persons, or the data or information contained therein is processed without any authority from the Act or any existing law.

     In all instances, if the violation was committed by a government official or employee, the penalty shall include perpetual absolute disqualification from holding any public office or employment in the government, including any GOCCs, and their subsidiaries.

     Within sixty (60) days upon approval of the Act, the PSA, in coordination with the members of PSPCC, shall promulgate rules and regulations and exchange existing technologies and best practices on the issuance of the PhilID/PSN authentication and data security to effectively implement the provisions of the Act.