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

(3) days from their issuance. The purpose of the review is to ensure that EOs are within the powers granted by law and in conformity with provincial, city or municipal ordinances as stated by the Supreme Court in Casino vs. Court of Appeals. If the governor fails to act on the said executive orders within thirty (30) days after their submission, the orders are considered valid and in accord with law.? As regards your second query, both the substantive and procedural requirements of the law must be complied with for the issuance of the cease-and-desist order against licensed entity operating within a municipality's territorial authority. This is under the premise that the issuance of the said cease-and-desist order is an enforcement of the regulatory power of a municipal mayor under Republic Act No. 7160 or the Local Government Code of 1991. It has been held that due process, as a constitutional precept, does not always and in all situations require a trial-type proceeding. Due process is satisfied when a person is notified of the charge against him and given an opportunity to explain or defend himself. In administrative proceedings, the filing of charges and giving reasonable opportunity for the person so charged to answer the accusations against him constitute the minimum requirements of due process. Thus, relative to your concerns, we opine as follows: 1. The issuance of a moratorium on new tour-operator permits is within the Mayor's regulatory authority, provided it is supported by a valid public purpose, properly forwarded to the Governor, and subjected to the Governor's thirty-day review period. 2. The Notice of Violation and any cease-and-desist order must comply with minimum due-process requirements. If these were not observed, you may challenge the NOV and restrain the issuance of a cease-and-desist order in the appropriate administrative body or court. This opinion is being rendered without prejudice to contrary opinion or ruling which may be rendered by competent authorities and the proper courts. Very truly yours, BY AUTHORITY OF THE SECRETARY: ATTY. ROMEO , BENITEZ Undersecretary for External, Legal and Legislative Affairs OUSELLA/RPB/LLLS-LRALLD/agbI 2 Review is a consideration or reexamination for purposes of correction. The power of review is exercised to determine whether it is necessary to correct the acts of the subordinate and to see to it that he performs his duties in accordance with law. 3 Local Government Code of 1991 Section 30 (b) Page 2 of 2