Executive Order No. 24-160-Monatorium on the issuance of new business permits for tour operators, travel and Tour Agencies- Palawan

Accordingly, this Department is bereft of authority to rule on the legality or validity of the questioned EO as this is within the jurisdiction of regular courts. Moreover, pursuant to this Department's Memorandum Order No. 2010-02 dated 17 September 2010, it states: “xxx all concerned are hereby advised that the Department shall not act on queries of the following kinds, to wit: XXX Those presumptively valid acts, e.g., enacted ordinance, consummated acts that already enjoy the presumption of regularity on the part of the public officer concerned, and similar instances;” Thus, we respectfully iterate that only the competent court has the authority to decide on the validity or legality of an ordinance upon the initiation of appropriate action before it. Furthermore, this Department cannot immediately direct the Municipality of El Nido to suspend the enforcement of EO 24-160. The power of general supervision of the President over all local government units (LGUs) was delegated to this Department by virtue of Administrative Order No. 267 dated February 18, 1992. The President's power of general supervision over LGUs is conferred upon him by the Constitution.! The exercise of general supervision over LGUs means overseeing the power or authority of an officer to see that subordinate officers perform their duties. If the latter fail or neglect to fulfill them, the former may take such action or step as prescribed by law to make them perform their duties. This is distinguished from the President's power of control which is the power to alter or modify or set aside what a subordinate officer had done in the performance of his duties and to substitute the judgment of the President over that of the subordinate officer. The power of control gives the President the power to revise or reverse the acts or decisions of a subordinate officer involving the exercise of discretion. This doctrinal boundary applies with equal force here. While this Department acts as the President's alter ego in matters of supervision over LGUs, it does not wield control over them and cannot, on its own, annul, suspend, or even declare void their ordinances, resolutions, or executive orders. To be sure, your allegations, particularly that EO No. 24-160 aims to redistribute income to existing tourist operators violates RA 10667 and that the requirement of mandatory membership in BELTOA as a condition for receiving LTSC pursuant to SB Resolution No. 24-16, raise serious legal concerns. However, it is the judiciary, not the executive department, that the Constitution entrusted to ultimately determine the validity of the questioned measure and grant applicable relief, if found warranted 1 Joelbito-Onon v. Hon. Fernandez, G.R. No. 139813, January 31, 2001. 2 Judge Dadole v. COA, G.R. No. 1225350, December 3, 2002. Page 2 of 3