QuestionsQuestions (DDB BOARD REGULATION NO. 1)
Memorandum Order No. 214 mandates the Philippine Tourism Authority (PTA), through the Group Secretary of the Eminent Persons Group, to exercise administration and control over Boracay Island, in accordance with Section 5(D) of Presidential Decree (PD) No. 564.
PD 564’s purposes include: (a) being an implementation arm; (b) developing tourist zones; (c) assisting private enterprise; (d) operating and maintaining tourist facilities; (e) assuring land availability; and (f) coordinating all tourist project plans and operations.
Section 5(D) of PD 564 vests the PTA with functions on: (1) zoning regulation; (2) determining and regulating zone enterprises; (3) ecological preservation and maintenance (including beach erosion and pollution control); and (4) preservation and restoration of tourism attractions (including identifying and recommending preservation/restoration and recommending declarations as national monuments/preserves).
Proclamation No. 1801 declared Boracay Island, Aklan as a tourist zone placed under the administration and control of the PTA pursuant to Section 5(D) of PD 564.
It cites PD 564, specifically Section 5(D), and reinforces that Boracay was already declared a PTA tourist zone under Proclamation No. 1801.
It states that, consistent with devolution, coordination previously mentioned with the Department of Local Government and Community Development (now DILG) may instead be done with the local government.
The Memorandum Order mandates coordination with the Provincial Government of Aklan.
It directs the PTA through the Group Secretary of the Eminent Persons Group to exercise administration and control over Boracay Island.
Executive Order No. 377 authorized an Eminent Persons Group to oversee the Sustainable Development of Boracay Tourism; Memorandum Order No. 214 routes PTA administration/control through the Group Secretary of that group.
They are: (1) zoning regulation; (2) determination and regulation of zone enterprises; (3) ecological preservation and maintenance (including beach erosion and pollution control); and (4) preservation and restoration of tourism attractions.
Zoning regulation includes formulating and implementing zoning regulations such as building codes, hotel standards, and other restrictions needed to control orderly development and to preserve historical, cultural, and/or natural assets.
It explicitly charges the PTA to ensure ecological preservation and maintenance/rehabilitation of common and public areas and the environment within a tourist zone, including control of beach erosion and pollution.
It provides a supremacy/consistency clause: any prior proclamation or executive order that conflicts with Memorandum Order No. 214 is revoked or modified to the extent of inconsistency.
The memorandum emphasizes coordination with local government through the devolution principle, but it does not negate PTA authority; instead, it frames local coordination as part of implementing PTA’s mandated administration and control.
It was signed by President Gloria Macapagal-Arroyo and countersigned by the Executive Secretary. This implies it is a presidential issuance intended to mandate government action pursuant to constitutional and statutory authority.