Toribiong told reporters that he is in consultation with the Ministry of Finance, Senate President and House Speaker on how to best implement the green fee.
The president meanwhile said whether there was a constitutional conflict in the delay of the promulgation of regulation implementing the $30 departure tax for the Protected Areas Network or green fee was a matter of opinion.Earlier, Senator Tommy Remengesau said that there is a constitutional conflict on whether the powers of the president through an Executive Order can override a legislative mandate.The president said in consultation with his lawyer under the doctrine of necessity, an Executive Order can be issued concerning the date of the implementation of the green fee.He said that the language of the law made it flexible regarding the implementation date.“It was the appropriate and prudent action,” Toribiong said about his E.O.He said even the House Legal Counsel and the Senate Legal Counsel differ opinions on the issue.“I will comply with my lawyers’ legal opinion and advice,” Toribiong said.He said that since the law was passed during the previous administration, a regulation has not been immediately promulgated since the new administration is still being organized.The president said he is however working with Congress and the Finance to set the implementation date to at least Oct. 1, 2009, which will give the airlines, tour agencies enough time to comply with the new law.Earlier, President Toribiong issued an executive order implementing the $30 departure fee until March 8, 2010.Under the law the implementation of the green fee should have started April 1, 2009.However Executive Order No. 256, changed the date of the implementation.
