QuestionsQuestions (EXECUTIVE ORDER NO. 313)
To regulate the issuance of building permits for the erection of war memorials or monuments in the Philippines in favor of American nationals or associations, by requiring a prior recommendation from the American Battle Monuments Commission (ABMC).
Any American national or American association seeking a building permit for the erection of a war memorial or monument in any place in the Philippines.
It applies only to building permits for the erection of war memorials or monuments.
The memorial or monument constructed in violation of the order shall be demolished or remodeled at the expense of the builder, in accordance with the order of the ABMC.
The builder who constructed the memorial or monument in violation of the order.
It provides the required prior recommendation for permit issuance and also issues orders regarding demolition or remodeling for violations.
The EO mandates demolition or remodeling for violations, but it expressly states this must be done “in accordance with the order of the said commission,” indicating ABMC action/order is the basis for the specific directive.
(1) A building permit is sought; (2) the purpose is erection of a war memorial or monument; (3) the applicant is an American national or American association; and (4) the location is within the Philippines.
It applies to “any place in the Philippines,” meaning nationwide coverage within Philippine territory.
It indicates the EO is issued pursuant to powers delegated by law to the President, serving as the basis for its binding regulatory effect.
It requires procedural compliance before issuance (prior ABMC recommendation) and also regulates post-construction compliance by mandating demolition or remodeling if built in violation.
It creates a condition precedent for permit issuance: without the ABMC recommendation, no building permit may lawfully be issued.
Students should examine whether local building permit authorities must verify the ABMC recommendation as a mandatory requirement and what happens if they fail to do so (i.e., the resulting construction is subject to demolition/remodeling at builder’s expense).