Request for DILG Intervention Regarding the Issuance of Permits to Import Theatrical Pyrotechnic Effects

6. For the assistance of DILG Assistant Secretaries in facilitating IRR amendments to align with international safety and performance standards At the outset, we note that the request for issuance of the Permit to Import under FEO- FC/PD Control No. 418 has been rendered moot, taking into account that the event has already transpired. At any rate, please be apprised that while this Department exercises supervisory function over the PNP, it does not operate as an appellate body over the actions or determinations of the PNP. Its Supervisory function does not extend to review or reversal of specific regulatory actions taken by the PNP under laws that vest it with The issuance and processing of permits and licenses over the manufacture, sale, distribution, and importation of pyrotechnic devices are matters squarely within the jurisdiction of the PNP, as the implementing agency pursuant to RA 7163. Section 4 thereof provides: “SEC. 4. License or Permit Requirements. - License or permit to manufacture, sell and distribute firecrackers and other pyrotechnic devices shall be granted for the manufacture, sale and distribution of firecrackers and other pyrotechnic devices enumerated in Section 2 hereof. Under no Circumstances shall a license or permit be granted for the manufacture, sale and/or distribution of prohibited firecrackers and other pyrotechnic devices mentioned in Section 3 hereof. Any person desiring to manufacture, sell or distribute fireworks and other pyrotechnic devices shall file his application for the issuance of license or business permit with the Chief of the PNP, through the provincial director of the province where the business or project is located. Applicants from Metro Manila shall submit their application through the Commanding Officer of the Firearms and Explosives Unit, Headquarters, PNP.” Accordingly, we submit that the proper forum for reconsideration of actions or decisions of the PNP remains within the processes established by the PNP and the pertinent laws on the matter. On that score, the Department is proscribed from taking action on the matter in keeping with its policy of non-intervention in matters beyond the ambit of its mandate and competence, as enunciated in its Memorandum Order No. 2010-02 dated 17 September 2010, thus: 1. “[All] concerned are hereby advised that the Department shall not act on queries of the following kinds, to wit: ‘ 2. Those containing facts that are justiciable in nature. Justiciable issues are those that require adjudication by the courts of law as to who between the opposing parties has the better right over a given controversy; Page 2 of 3