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.