Title
Building Permits for American War Memorials
Law
Executive Order No. 313
Decision Date
May 1, 2004
Executive Order No. 313 regulates the issuance of building permits for war memorials in the Philippines, requiring a recommendation from the American Battle Monuments Commission and allowing for demolition or remodeling of non-compliant structures.

Issuing authority and binding directive

  • Executive Order No. 313 is issued by the President of the Philippines under the President’s powers “vested… by law.”
  • No building permit for the erection of a war memorial or monument in any place in the Philippines may be issued in favor of a covered American applicant without prior action from a specified U.S. body.
  • The President’s directive creates a mandatory precondition for permit issuance for covered projects.

Who and what are covered

  • Executive Order No. 313 covers any American national or American association seeking a building permit.
  • Executive Order No. 313 covers the erection of war memorials or monuments anywhere within the Philippines.
  • The geographical coverage is nationwide: the prohibition applies to “any place in the Philippines.”

Required recommendation before permits

  • Executive Order No. 313 prohibits the issuance of any covered building permit unless there is a previous recommendation from the American Battle Monuments Commission of the United States Government.
  • The recommendation must be secured before any building permit is issued to the American national or association.
  • The permit issuance depends on obtaining this prior recommendation.

Consequences for violating permits

  • Executive Order No. 313 requires demolition or remodelling of any war memorial or monument constructed in violation of the order.
  • The demolition or remodelling must be carried out at the expense of the builder.
  • The demolition or remodelling must be done in accordance with the order of the American Battle Monuments Commission.

Incorporation of U.S. commission action

  • Executive Order No. 313 makes the American Battle Monuments Commission the operative authority that issues the controlling directive for demolition or remodelling.
  • The U.S. commission’s action functions both as a pre-permit recommendation requirement and as the basis for post-violation demolition/remodelling instructions.
  • Executive Order No. 313 ties compliance with construction and enforcement outcomes to the commission’s determinations.

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