QuestionsQuestions (EXECUTIVE ORDER NO. 306)
It is an Executive Order that institutes measures to promote the lawful use of government-issued identity documents (passport, driver’s license, SSS ID, and LTO non-driver’s ID) to prevent violations of laws involving false names and identities, such as AML, the Revised Penal Code, immigration and tax offenses.
For transactions requiring the production of identity documents, EO 306 orders all government departments and agencies to require: (1) a valid DFA passport; (2) a valid LTO driver’s license; (3) a valid SSS member’s identity card; and (4) a valid LTO “non-driver’s identity document (ID).”
Filipino citizens and resident aliens who do not possess any of the identity documents enumerated in paragraphs (1) through (3) may apply with LTO for the issuance of a “non-driver’s identity document (ID).”
It provides that a passport is an official document superior to all other documents. The EO references this to emphasize that passports with photograph and biographic data should be promoted for identity verification.
Because these features help establish the holder’s true identity, which is necessary to prevent violations under laws penalizing false or fictitious names and identities (e.g., AML customer due diligence and criminal identity fraud).
EO 306 cites that RA 9160 requires covered institutions to establish and record the true identity of clients based on official documents. The EO seeks to improve compliance by promoting government-issued IDs.
EO 306 references: (1) Art. 178, 1st paragraph—public use of a fictitious name to conceal a crime, evade judgment, or cause damage; (2) Art. 178, 2nd paragraph—concealment of a person’s true name and personal circumstances; and (3) Art. 315, 4th paragraph—defrauding another by using a fictitious name.
EO 306 cites Arts. 379 and 380, which generally prohibit the use of different names and surnames except for pen and stage names. The EO implies that official identity documents help prevent unlawful identity changes or misrepresentation.
EO 306 cites Sec. 45 of the Philippine Immigration Act of 1940 (Commonwealth Act No. 613, as amended), which penalizes evasion of immigration laws by appearing under an assumed or fictitious name.
It cites that RA 8424 made it unlawful to enter any false or fictitious name in a taxpayer’s books of accounts or records. Promoting proper identity documents helps prevent such falsification.
It penalizes any person who knowingly or willfully obstructs, impedes, frustrates, or delays the apprehension of suspects and the investigation/prosecution of criminal cases by publicly using a fictitious name to conceal a crime, evade prosecution or judgment execution, or conceal true name and personal circumstances for the same purposes.
EO 306 cites Sec. 1 of CA 142 as amended, which penalizes use of a name different from the one registered at birth in the local civil registry (or with which the person was baptized for the first time, registered in the Bureau of Immigration, or authorized by a competent court). EO 306 aims to prevent identity misrepresentation that would violate this rule.
EO 306 orders all government departments and agencies to require the specified identity documents for transactions requiring the production of identity documents.
EO 306 states that all executive orders or issuances (or portions thereof) inconsistent with it are hereby revoked, amended, or modified accordingly.
EO 306 promotes the availability and acceptance of official IDs for identity verification. This supports compliance with AML customer identification requirements (true identity based on official documents), thereby reducing opportunities to use false identities to commit AML-related offenses.
EO 306 allows Filipino citizens and resident aliens to apply with the LTO for the issuance of a “non-driver’s identity document (ID).”