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The issuance of a moratorium on new tour-operator permits is within the Mayor’s regulatory authority

DILG Opinion No. 125, s. 2025 · 2025 · DILG legal opinions — verified official source

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BAGONG PILIPINAS the Philippines DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT DILG-NAPOLCOM Center, EDSA cor. Quezon Avenue, West Triangle, Quezon City DILG OPINION NO, 15. & 20% SEP 23 2025 MR. STANISLAV IVANOVICH LUKASHOV El Nido Tours Sea Quest Corong-corong, Pob. Barangay 4, El Nido, Palawan 09288949483 Dear Mr. Lukashov: This refers to your letter requesting for this Department’s opinion on the following matters: 1. You alleged that the Municipal Mayor of El Nido, Palawan issued an Executive Order which imposes a moratorium on the issuance of new business permits for tour operators, travel and tour agencies, tour agencies and booking offices until December 25, 2025; 2. That the aforesaid Local Government Unit (LGU) illegally issued and posted a Notice of Violation (NOV) in your office door and you are now facing threats of a cease-and-desist order. Executive Order (EO) is an official directive or command from the mayor to agencies in the executive branch of the municipality. This order generally concerns the implementation or enforcement of rules, policies and procedures which have the force of law. Anent your first query, a municipal mayor may issue an Executive Order imposing a moratorium on the issuance of new business permits for specific types of businesses such as tour operators and tour agencies because under Section 16' of the Local Government Code of 1991, LGUs are empowered to promote the general welfare, including regulating activities within their jurisdiction. An Executive Order (EO) should be based on valid public purpose and provisions therein should be clearly defined. Section 30 of the Local Government Code provides that the governor shall review all executive orders promulgated by the component city or municipal mayor within his jurisdiction and copies of such orders shall be forwarded to the governor within three ' Every local government unit shall exercise the powers expressly granted, those necessarily implied therefrom, as well as powers necessary, appropriate or incidental for its efficient and effective governance, and those which are essential to the promotion of the general welfare. Within their respective territorial jurisdictions, local government units shall ensure and support, among other things, the preservation and enrichment of culture, promote health and safety, enhance the right of the people to a balanced ecology, encourage and support the development of appropriate and self-reliant scientific and technological capabilities, improve public morals, enhance economic prosperity and social justice, promote full employment among their residents, maintain peace and order, and preserve the comfort and convenience of their inhabitants. “Matino, Mahusay, at Maaasahan” Tel. (02) 8876-3454