Is the President’s order to close Boracay Island to tourists and

non-residents, and the enforcement thereof, a violation of the

principle of separation of powers?

No. It does not violate the principle of separation of powers. In connection with
Proclamation No. 475, declaring a state of calamity in the barangays of Blabag,
Manoc-Manoc and yapak (Island of Boracay) in the Municipality of Malay, Aklan, and
Temporary closure of the island as a tourist destination. The said power to declare state
of calamity is vested with the President of the Philippines.

Under RA 10121, Section 16: “Declaration of State of Calamity – The National Council
shall recommend to the President of the Philippines the declaration of a cluster of
barangays, municipalities, cities, provinces, and regions under a state of calamity, and
the lifting thereof, based on the criteria set by the National Council. The President’s
declaration may warrant international humanitarian assistance as deemed necessary.”

“The declaration and lifting of the state of calamity may also be issued by the local
sanggunian, upon the recommendation of the LDRRMC, based on the results of the
damage assessment and needs analysis.” If a State of Calamity is declared by the
National Government the following will be implemented: appropriation for calamity
funds; Price freeze for basic necessities; and the granting of no-interest loans.

A State of National Calamity when declared will remain until lifted by the
President.
Briefer: State of Calamity

I. Definition and History

Section 3 of Republic Act 10121, known as the “Philippine Disaster Risk Reduction and
Management Act of 2010,” defines a State of Calamity as “a condition involving mass
casualty and/or major damages to property, disruption of means of livelihoods, roads
and normal way of life of people in the affected areas as a result of the occurrence of
natural or human-induced hazard.”

Prior to 2013, the last time a State of National Calamity was declared was on December
7, 2012 by virtue of Proclamation No. 522 signed by President Benigno S. Aquino III in
the wake of the devastation caused by typhoon Pablo in Compostela Valley, Davao
Oriental, and Davao del Norte in Region XI; Surigao del Sur in Caraga Region; Lanao del
Norte, Misamis Oriental and Cagayan de Oro City in Region X; Siquijor in Region VII;
and, Palawan in Region IV-B.

A year before, a State of National Calamity was declared on December 20, 2011, by
virtue of Proclamation No. 303, signed by President Benigno S. Aquino III in the wake of
the devastation caused by tropical storm Sendong in Regions VII, IX, X, XI, and Caraga.

Prior to this, the Philippines was last put under a State of National Calamity
through Proclamation 1898{{1}} on October 2, 2009 after the onslaught of typhoon
Ondoy and during the rage of typhoon Pepeng. According to a spokesperson of then
President Arroyo, the purpose of the declaration was to make the calamity funds
available for the local governments and control the prices of basic commodities.

It is common practice for the local government in a disaster-stricken area to declare its
own “State of Calamity.” In 2011, the local government of Negros Oriental declared
Dumaguete City and Valencia under a State of Calamity on December 18, 2011, after the
onslaught of Sendong. During the floods caused by monsoon rains on August of 2012
several areas in the National Capital Region and Region IV were placed under a State of
Calamity.

II. Declaration
  RA 10121, Section 16: “Declaration of State of Calamity – The National Council
shall recommend to the President of the Philippines the declaration of a cluster of
barangays, municipalities, cities, provinces, and regions under a state of calamity,
and the lifting thereof, based on the criteria set by the National Council. The
President’s declaration may warrant international humanitarian assistance as
deemed necessary.”

 “The declaration and lifting of the state of calamity may also be issued by the
local sanggunian, upon the recommendation of the LDRRMC, based on the
results of the damage assessment and needs analysis.” If a State of Calamity is
declared by the National Government the following will be implemented:
appropriation for calamity funds; Price freeze for basic necessities;{{2}} and the
granting of no-interest loans.

 A State of National Calamity when declared will remain until lifted by the
President.

III. Effects

A. Price Control for Basic Necessities{{3}} and Prime Commodities{{4}}

 RA 7581, Section 6(1): “Price freeze for basic necessities is implemented for 60
days unless lifted… Prices of basic necessities in areas under a state of calamity
shall automatically be frozen at their prevailing prices or placed under automatic
price control whenever.”

 RA 10121 Section 17(a): “Imposition of price ceiling on basic necessities and

prime commodities by the President upon the recommendation of the
implementing agency as provided for under Republic Act No. 7581, otherwise
known as the ‘Price Act,’ or the National Price Coordinating Council.”

 RA 10121 Section 17(b): “Monitoring, prevention and control by the Local Price
Coordination Council of overpricing/profiteering and hoarding of prime
commodities, medicines and petroleum products.”

B. Granting of No-Interest Loans

  RA 10121 Section 17(d): “Granting of no-interest loans by government financing
or lending institutions to the most affected section of the population through
their cooperatives or people’s organizations.”

C. Appropriation for Calamity Funds

 RA 10121 Section 17(c): “Programming/reprogramming of funds for the repair

and safety upgrading of public infrastructures and facilities.”

 RA 7160: “Automatic appropriation is available for unforeseen expenditures

arising from the occurrence of calamities in areas declared to be in a state of
calamity.”

 RA 7160: “Local government units may enact a supplemental budget for supplies
and materials or payment of services to prevent danger to or loss of life or
property.”

o Section 321: “A supplemental budget may also be enacted in times of

public calamity by way of budgetary realignment to set aside
appropriations for the purchase of supplies and materials or the payment
of services which are exceptionally urgent or absolutely indispensable to
prevent imminent danger to, or loss of, life or property, in the jurisdiction
of the local government unit or in other areas declared by the President in
a state of calamity.”

o Section 324(d): “Five percent (5%) of the estimated revenue from regular
sources shall be set aside as an annual lump sum appropriation for
unforeseen expenditures arising from the occurrence of calamities:
Provided, however, that such appropriation shall be used only in the area,
or a portion thereof, of the local government unit or other areas declared
by the President in a state of calamity.”

D. Importations and foreign donations

 RA 10121 Section 18 (a): “The importation and donation of food, clothing,

medicine and equipment for relief and recovery and other disaster management
and recovery-related supplies is hereby authorized in accordance with Section
105 of the Tariff and Customs Code of the Philippines, as amended, and the
 prevailing provisions of the General Appropriations Act covering national internal
revenue taxes and import duties of national and local government agencies”

 RA 10121 Section 18 (b): “Importations and donations under this section shall be
considered as importation by and/or donation to the NDRRMC, subject to the
approval of the Office of the President.”

E. Others

 Authorization for the importation of rice under Section 6 of RA 8178, the

Agricultural Tariffication Act;

 Entitlement to hazard allowance for Public Health Workers (under Section 21

of RA 7305, Magna Carta for Public Health Workers).

 Entitlement to hazard allowance for science and technological personnel of the

government under Section 7-c of RA 8439.

[[1]] Previously, Proclamations 1898, s. 2009 and 1185, s. 2006 declared the Philippines under State of National
Calamity.[[1]]

[[2]] When a State of National Calamity was declared in December 2011 during the onslaught of Sendong, this was
implemented only in the affected areas (Regions VII, IX, X, XI, and Caraga) as specified in Proc. No. 303, s. 2011.[[2]]

[[3]] List of basic necessities per RA 7581 Sec. 3 (1) (Price freeze): Rice; corn; bread; fresh, dried and canned fish and
other marine products, fresh pork, beef and poultry meal; fresh eggs; fresh and processed milk; fresh vegetables; root
crops; coffee; sugar; cooking oil; salt; laundry soap; detergents; firewood; charcoal; candles; and drugs classified as
essential by the Department of Health.[[3]]

[[4]] List of prime commodities: RA 7581 Sec. 3(8) (Price watch/ceiling control): Fresh fruits; flour; dried processed and
canned pork; beef and poultry meat; dairy products not falling under basic necessities; noodles; onions; garlic;
vinegar; patis; soy sauce; toilet soap; fertilizer; pesticides; herbicides; poultry; swine and cattle feeds; veterinary
products for poultry, swine and cattle; paper; school supplies; nipa shingles; sawali; cement; clinker; GI sheets; hollow
blocks; plywood; plyboard; construction nails; batteries; electrical supplies; light bulbs; steel wire; and all drugs not
classified as essential drugs by the Department of Health.[[4]]
 EXECUTIVE ORDER NO. 292

"ADMINISTRATIVE CODE OF 1987"

BOOK III

OFFICE OF THE PRESIDENT

Title I

POWERS OF THE PRESIDENT

CHAPTER 1
POWER OF CONTROL

Section 1. Power of Control. - The President shall have control of all the executive
departments, bureaus, and offices. He shall ensure that the laws be faithfully executed.

CHAPTER 2
ORDINANCE POWER

Section 2. Executive Orders. - Acts of the President providing for rules of a general or
permanent character in implementation or execution of constitutional or statutory
powers shall be promulgated in executive orders.

…………

Section 4. Proclamations. - Acts of the President fixing a date or declaring a status or

condition of public moment or interest, upon the existence of which the operation of a
specific law or regulation is made to depend, shall be promulgated in proclamations
which shall have the force of an executive order.

Proclamations

“Acts of the President fixing a date or declaring a status or condition of public moment
or interest, upon the existence of which the operation of a specific law or regulation is
made to depend, shall be promulgated in proclamations which shall have the force of an
executive order.”
Administrative Code of 1987, Book III, Chapter 2, Section 4

Title XIV

ENVIRONMENT AND NATURAL RESOURCES

CHAPTER 1
GENERAL PROVISIONS

Section 1. Declaration of Policy. -

(1) The State shall ensure, for the benefit of the Filipino people, the full exploration and
development as well as the judicious disposition, utilization, management, renewal and
conservation of the country's forest, mineral, land, waters, fisheries, wildlife, off-shore
areas and other natural resources, consistent with the necessity of maintaining a sound
ecological balance and protecting and enhancing the quality of the environment and
the objective of making the exploration, development and utilization of such natural
resources equitably accessible to the different segments of the present as well as future
generations.

(2) The State shall likewise recognize and apply a true value system that takes into
account social and environmental cost implications relative to the utilization,
development and conservation of our natural resources.

Section 2. Mandate. -

(1) The Department of Environment and Natural Resources shall be primarily

responsible for the implementation of the foregoing policy.

(2) It shall, subject to law and higher authority, be in charge of carrying out the State's
constitutional mandate to control and supervise the exploration, development,
utilization, and conservation of the country's natural resources.

Section 3. Guidelines for Implementation. - In the discharge of its responsibility the

Department shall be guided by the following objectives:
(1) Assure the availability and sustainability of the country's natural resources through
judicious use and systematic restoration or replacement, whenever possible;

(2) Increase the productivity of natural resources in order to meet the demands for the
products from forest, mineral, land and water resources of a growing population;

(3) Enhance the contribution of natural resources for achieving national economic and
social development;

(4) Promote equitable access to natural resources by the different sectors of the
population; and

(5) Conserve specific terrestrial and marine areas representative of the Philippine natural
and cultural heritage for present and future generations.

Section 4. Powers and Functions. - The Department shall:

(1) Advise the President and the Congress on the enactment of laws relative to the
exploration, development, use, regulation and conservation of the country's natural
resources and the control of pollution;

(2) Formulate, implement and supervise the implementation of the government's

policies, plans and programs pertaining to the management, conservation,
development, use and replenishment of the country's natural resources;

(3) Promulgate rules and regulations in accordance with law governing the exploration,
development, conservation, extraction, disposition, use and such other commercial
activities tending to cause the depletion and degradation of our natural resources;

(4) Exercise supervision and control over forest lands, alienable and disposable public
lands, mineral resources and, in the process of exercising such control, impose
appropriate taxes, fees, charges, rentals and any such form of levy and collect such
revenues for the exploration, development, utilization or gathering of such resources;

(12) Regulate the development, disposition, extraction, exploration and use of the
country's forest, land, water and mineral resources;

(13) Assume responsibility for the assessment, development, protection, licensing and
regulation as provided for by law, where applicable, of all energy and natural resources;
the regulation and monitoring of service contractors, licensees, lessees, and permit for
the extraction, exploration, development and use of natural resources products; the
implementation of programs and measures with the end in view of promoting close
collaboration between the government and the private sector; the effective and efficient
classification and subclassification of lands of the public domain; and the enforcement
of natural resources and environmental laws, rules and regulations;

(14) Promulgate rules, regulations and guidelines on the issuance of licenses, permits,
concessions, lease agreements and such other privileges concerning the development,
exploration and utilization of the country's marine, freshwater, and brackish water and
over all aquatic resources of the country and shall continue to oversee, supervise and
police our natural resources; cancel or cause to cancel such privileges upon failure, non-
compliance or violations of any regulation, order, and for all other causes which are in
furtherance of the conservation of natural resources and supportive of the national
interest;

(17) Promulgate rules and regulations for the control of water, air and land pollution;

Title XIII

TOURISM

CHAPTER 1
GENERAL PROVISIONS

Section 1. Declaration of Policy. - The State shall promote, encourage and develop
tourism as a major national activity in which private sector investment, effort and
initiative are fostered and supported, and through which socio-economic development
may be accelerated, foreign exchange earned, international visitors offered the
opportunity to travel to the Philippines and appreciate its natural beauty, history and
culture, and Filipinos themselves enabled to see more of their country and imbued with
greater pride in and commitment to the nation.

Section 2. Mandate. - The Department of Tourism shall be the primary government

agency charge with the responsibility to encourage, promote and develop tourism as a
major socio-economic activity to generate foreign currency and employment and to
spread the benefits of tourism to a wider segment of the population with the support,
assistance and cooperation of both the private and public sectors, and to assure the
safe, convenient, enjoyable stay and travel of the foreign and local tourists in the
country.

Section 3. Powers and Functions. - The Department shall have the following powers and
functions:

(1) Formulate policies, plans, programs and projects for the development of the tourism
industry;

(2) Administer, coordinate and supervise all activities of the Government concerning
tourism;

(3) Advise the President on the promulgation of laws relative to the policy, plans,
programs and projects designed to promote and develop the tourism industry;

(8) Provide the protection, maintenance and preservation of historical, cultural

and natural assets which are tourist attractions with the appropriate government
agencies or with the private sector or with the owners of said assets or attractions;