DILG legal opinionSource checked
Propriety of not accepting payment on the application for quarrying business permit
DILG Opinion No. 127, s. 2025 · 2025 · DILG legal opinions — verified official source
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Moreover, while the eLGU system facilitates permit processing, the mere acceptance
of an application online does not equate to approval. The approval of business permits
remains vested in the Local Chief Executive under Section 444(b)(3)(iv) of the Local
Government Code, guided by the General Welfare Clause.
It must also be emphasized that a business permit is a privilege, not a right or property
interest. Itis issued for regulatory purposes and may be lawfully denied if the conditions
imposed by law or ordinance are not met. This is consistent with the regulatory nature
of permits as held in jurisprudence.
Lastly, the implementation of R.A. No. 11032 or the “Ease of Doing Business Act” does
not override LGU discretion in granting or denying permits. While the law streamlines
processes, it does not remove the requirement for substantive compliance with legal
standards.
We trust the foregoing clarifies the matter.
ATTY. ROMEO P. BENITEZ
Undersecretary for External, Legal and Legislative Affairs
LLLS/LRALLD/mag
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