Whether or not the Chief Executive be penalized for implementing an Executive Order which has not been reviewed by the reviewing authority pursuant to sections 30 and 468 of RA 7160

BAGONG PILIPINAS Republic of the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City www.dilg.gov.ph EP 16 2025 DILG OPINION NO. 423 &! 2625 MR. PABLO M. CRESPO SR. Secretary to the Mayor Municipality of Patnongon Province of Antique Dear Mr. Crespo: This is in reply earlier email requesting for an opinion on a matter concerning the hereinbelow issue: ‘Whether or not the Chief Executive be penalized for implementing an Executive Order which has not been reviewed by the reviewing authority pursuant to Sections 30 and 468 of Republic Act No. 7160?” On this, we reiterate our discussion in DILG Opininion No. 21 s. 2021 dated 9 February 2021, where we have opined and we quote: “xxx. Although in the context of ordinances, we have opined time and again the difference between “effectivity” and “validity” Effectivity is the time by which an ordinance is made effective and can already be implemented and given full force and effect. On the other hand, validity refers to the substantive requirement of an ordinance whether the same is consistent with the Constitution and laws.. We are of the view that this may also be made applicable to Executive Orders. Provided that the procedural requirements for the promulgation of the Executive Order have been complied with, then the same may already be given full force and effect. The validity aspect comes upon the review of the review of the pertinent governor and/or Sangguniang Panlalawigan whether it is within the scope of the authority of the Office of the Local Chief Executive.” Based on the foregoing, this Department is of the view that the City/Municipal Local Chief Executive not be penalized for implementing an executive order which has not been reviewed. The opinion of this Department is based solely on the facts and representations you have narrated in your letter and our appreciation of the same. Further, this opinion is being rendered without prejudice to any contrary opinion of competent authorities and the courts. We hope to have addressed your concern accordingly. Thank you. “Matino, Mahusay at Maaasahan” Trunkline No. (02) 8876 3454