Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

51 Seeking for clarificatiion re: Updated Guidlines on the Approriation and Utilization of the Twenty Percent (20%) of the Annual internal revenue Allotment (IRA) for Development projects.Reference No: LO-023s2017 October 11, 2017
52 Filed an application (with complete requirements) for business permit for the operation of cable TV services but no business permit been issued on the ground that he did not obtain the endoresement of the Sagguniang Panlungsod as the latter, alegedly, is empowered to enact ordinances granting franchises.Reference No: LO-024s2017 October 11, 2017
53 Requesting to have local government unit (LGU) be deputized as the Cooperative Development Authority (CDA) local counterpart.Reference No: LO-026s2017 October 11, 2017
54 Does the implementation of the suspention order covered by the 90-day period set by Section 62 of the LGC which prohibits Orders of Preventive Suspension from the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sannguniang Bayan to be implemented?Reference No: LO-018s2017 August 25, 2017
55 Requesting clarification/legal opinion on the functions of the Local Government Unit (LGUs) in regulating and monitoring the pratice of Message Therapy in the country in relation to the provisions of Presidential Decree No. 856 or "Code on Sanitation of the Philippines".Reference No: LO-017s2017 August 25, 2017
56 Whether or not the Valenzuela City Government may put up a Blood bank to be financed by the Local Disaster Risk Reduction and Management Fund (LDRRMF)Reference No: LO-016s2017 August 25, 2017
57 Requesting legal opinion on several issues in connection with his plan to the transfert the City Hall to a new site.Reference No: LO-015s2017 August 25, 2017
58 Requesting legal opinion on the legality of the status of a Barangay Kagawad who was appointed as a Fish Warden for a Marine Protected Area is the same barangayReference No: LO-014s2017 August 25, 2017
59 Requesting for legal opinion regarding PB Robert Valmores position, him being in cuncurrently in jail while the case against him is still pending?Reference No: LO-013s2017 August 25, 2017
60 Requesting intervention in putting into effect DILG Opinion Nos. 50, s. 2015 and 14 s, 2016Reference No: LO-012s2017 August 25, 2017
61 Request for verification on the legality of an Order dated February 1, 2017, issued by Mayor Madelaine Yorobe Alfelor, City of Iriga.Reference No: LO-11s2017 July 6, 2017
62 Whether Sangguniang Panlungsod is still required/mandated to conduct sessions for failing to meet prescribed minimum number of sessions because of instances wherein scheduled regular sessions are cancelled due to holidays or valid reasons, and whether or not the Sangguniang Panlalawigan can validly legislate declaration of its recess starting on the third week December until the first week of January of the incoming year in obeservance of the yuletide season.Reference No: LO-10s2017 July 6, 2017
63 Request for the Office of Secretary Ismael D. Sueno for an authority to practice profession as a General SurgeonReference No: No:LO-09s201 July 6, 2017
64 Request for a legal opinion on the validity of Ordinance No. 12-01, Series of 2016 of Barangay Ayala Alabang, Muntinlupa CityReference No: LO-007s2017 June 16, 2017
65 Request for ruling concerning the charging of Hauling Fees by the Local Government of Taysan, BatangasReference No: LO-006s2017 June 16, 2017
66 Request for clarifications regarding assumption of Hon. Edgardo Leray as President of the Liga ng mga barangay, Maco Chapter, and accordingly, as ex-officio member of the sangguniang bayan of the same MunicipalityReference No: LO-005s2017 June 16, 2017
67 Request for a legal opinion the legality of granting honoraria to sanggunian member who are chairmen of different committees and are attending committee hearings and meetings citing the alleged present practice of the members of the house of RepresentativesReference No: LO-008s2017 June 16, 2017
68 Queries regarding age requirement for Governor, Vice Governor, Mayor, Vice-Mayor, and whether substanial difference is applied on the basis of discremination or imposition of age requirementsReference No: LO-004s2017 June 15, 2017
69 Whether or not a CANDIDATE who ran and lost in last 2016 election may be appointed to a permanent vacancy in the Sangguniang Bayan or in the Sangguniang Panlungsod of non independent component cities in accordance with Section 45 (b), chapter 2, Title two of the Local Government Code of 1991 (RA7160)Reference No: LO-003s2017 June 15, 2017
70 Request for authority to practice profession as a lawyer in accordance with the limitations set in the DILG Circular NO.2016-14 and other pertinent rules and regulations under CIVIL Service Law and R.A 6713Reference No: LO-002s2017 June 15, 2017
71 Concern over seemingly conflicting provisions of Cebu City Ordinance No. 2990 and DILG-DOH-DOF-DTI Joint memorandum circular No.1Reference No: LO-001s2017 June 15, 2017
72 Requesting for the enforcement of Department of Environment abd Natural Resources (DENR)'s Survey Result relative to boundary lines separating the Municipal of Cordova, Province of Cebu, from the City of LapuLapu.Reference No: LO-026s2016 June 14, 2017
73 Whether or not the majority of the members of the City Council have the power to decide how to disburse the MOOE budget job orders, thereby setting aside the authority of the Vice Mayor to appoint officials and employees of the sangguniangReference No: LO-025s2016 June 14, 2017
74 For clarification, can the IRP provide for a period within which the Vice-Governor/Presiding Officer has to sign the measures needing his/her signature, if he/she doesn't sign within said period, the SP member next in rank legally sign the same?Reference No: LO-027s2016 June 14, 2017
75 Request for reconsideration of DILG Opinion No. 26 dated 20 December 2016 regarding the jurisdiction of the Department to enforce DENR Boundary Findings on the Basis of Section 118 (d) of R.A 7160Reference No: LO-26A-s2016 June 14, 2017
76 Recommending the recognition of the appointment of Dra. Myrna Zapanta as member of the Sangguniang Bayan of San Jose, Occidental Mindoro.Reference No: LO-024s2016 June 14, 2017
77 Is the Municipal Liga Vice President being endorsed and certified by the National Liga qualified to assume the position of the suspended Municipal Liga President in the Sangguniang Bayan despite being a losing candidate in the last national and local elections as stated in Section 94 of the Local Government Code 0f 1991?Reference No: LO-023s2016 June 13, 2017
78 What are the legal effects if any on the salaries and emoluments of the staff under the Committee Chairmanships and officers as to their effectivity and commencement?Reference No: LO-021s2016 June 13, 2017
79 Whether the RPOC Chairperson can still act as such in a hold-over capacity pending appoinment by the DILG Secretary of a new RPOC Chairperson.Reference No: LO-022s2016 June 13, 2017
80 Formal declaration on the validity of Barangay Resolution No. 33, s. 2012 adopted by the Sangguniang Barangay of Barangay 194, Zone 20 on 05 August 2012 and Barangay Resolution No. 33A, s. 2012 adopted by the Sangguniang Barangay of Barangay 194, Zone 20 on 16 August 2012. Reference No: LO-020s2016 September 6, 2016
81 Different levels of local government units (LGUs) may pass ordinances for the selection of sectoral representatives whose salary and emoluments shall be included in their own appropriation. Reference No: LO-018s2016 September 6, 2016
82 Opinion regarding the propriety and legality of the intended mixed government private offices and commercial uses of the two (2) parcels of land designated as the Butuan City Uptown Government Complex, subject of Presidential Proclamation No. 1059, dated 16 June 2015 under the Local government's Public-Private Partnership Code . Reference No: LO-017s2016 September 6, 2016
83 Inquiring from this Department why a fire truck cannot be considered a calamity related equipment pursuant to Item 3.1.7 of DILG-DBM Joint Memorandum Circular No. 2011-01, dated 13 APRIL 2011. Reference No: LO-016s2016 September 6, 2016
84 Utilization of the 20% local development fund for the purchase of ambulance.Reference No: LO-015s2016 September 6, 2016
85 Mayor's power to appoint elective barangay officials arises only in case of permanent vacancy in the sangguniang barangay as expressly provided under Section 45 (a)(3) of the LGC.Reference No: LO-014s2016 September 6, 2016
86 Clarification on whether or not DBM Local Budget Circular No. 103 dated 13 May 2013 covers members of the sanggunian.Reference No: LO-013s2016 September 6, 2016
87 Issues concerning the claims for refund of deductions on the terminal leave credits of former Sangguniang bayan (SB) membersReference No: LO-012s2016 September 6, 2016
88 Resolution of the Sangguniang Panlungsod of the City of Escalante entitled "A Resolution to concur the appointment as City Administrator.Reference No: LO-011s2016 September 6, 2016
89 Filling up of vacancies allowed during the period of a re-enacted budget under a MAyor who is exercising his/her position in an acting capacity.Reference No: LO-010s2016 September 6, 2016
90 Clarification as regards the propriety and validity of appointment as a Member of the Sangguniang Panlungsod of Silay City, Negros Occidental which was vacated by the untimely demise of elected Sangguniang Panlunsod MemberReference No: LO-009s2016 September 6, 2016
91 Posting this query Will the Mayor, upon the expiration/lifting of the preventive suspension and upon Reassumption received the full salary or compensation including emoluments. Reference No: Lo-019s2016 September 6, 2016
92 The power of the regular Presiding Officer to Adjourn or suspend sanggunian session under Republic Act. No. 7160 or the Local Government Code of 1991, and its Implementing Rules and Regulations, the Internal Rules of Procedures (IRP) of the concerned Sanggunian. Reference No: LO-021s2016 September 6, 2016
93 Queries concerning the implementation of COA-DBM-DILG-GCG-DND Joint Circular No. 2015, dated 08 January 2015Reference No: LO-008s2016 September 5, 2016
94 Clarification / Legal Opinion concerning the filling-up vacant position under a re-enacted budget.Reference No: LO-007s2016 September 5, 2016
95 Inquiries whether the authomatic withdrawal of intelligence funds are allowed sans any appropriation ordinanceReference No: LO-006s2016 September 5, 2016
96 Opinion on notarization part of the duties and function of the provincial or city legal officerReference No: LO-005s2016 September 5, 2016
97 Relative to the reinstatement as Provincial Health Officer II in the Province of Camarines Norte and the payment of salaries and benefits.Reference No: LO-004s2016 September 5, 2016
98 Confirmation of being Acting Mayor of Mataas na kahoy, Batangas in the meantime that the elected mayor is considered a "fugitive from justice"Reference No: LO-003s2016 September 5, 2016
99 Opinion on matters concerning the powers and functions of an Acting Vice Governor.Reference No: LO-001s2016 September 5, 2016
100 The City Mayor of San Pablo Laguna, requesting Empowered to appoint the barangay officials of the of the seven (7) newly created barangays in temporary capability until the next barangay elections.Reference No: LO-050s2015 September 5, 2016