Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

151 Request for DILG Legal Opinion in connection with the Sangguniang Panlungsod Passed City Resolution No. 2011-2014 Changing the Date and Time of the BodyReference No: LO-05s. 2015 January 6, 2016
152 Requesting DILG relative to the grant of Productivity Enhancement Incentive (PEI) to qualified LGU personnel in the amount of Fifty Thousand )PH50,000.00) each as approved by the SP for purposes of authorizing the Augmentation of the existing appropriation for other benefits for various offices of the City.Reference No: LO-06s. 2015 January 6, 2016
153 This refers to the memorandum of DILG Region VII referring to the Central office which questions the propriety and legality of the procedures observanced by the Sangguniang Bayan (SB) in the deliberation and disapproval of 2014 Annual Budget.Reference No: LO-08s. 2015 January 6, 2016
154 Legal Opinion rendered by DILG-Region VIII regarding the legality of paying back Salaries to Sangguniang Bayan Member, Pambujan Samar.Reference No: LO-09s. 2015 January 6, 2016
155 Request for DILG Legal Opinion regarding Barangay Resolution No. 024-s2014 enacted by the Sangguniang Barangay of Barangay Lourdes, Quezon City for the purposes of urging the City Council of Quezon City to authorize the said Barangay to regulate the use of Speaker Perez Street between Simoun and Calamba Street by closing a section of said street to vehicular traffic every morning (from 6:00am-7:00 am, except Sunday to cater to the physical fitness activities of a fitness club).Reference No: LO-10s. 2015 January 6, 2016
156 Request for DILG Opinion on whether paragraph 2.2 of DILG MC No. 2015-155 applies to purchase of heavy equipment and motor vehicles that will be used in the transportation of heavy equipment; and whetever the Circular applies to loan proceeds contracted prior to the effectivity of the same.Reference No: LO-011s.2015 January 6, 2016
157 Request for DILG Opinion whether prior authorization of the Sangguniang is necessary before the Local Chief Executive (LCE) enters into a contract pursuant to Section 37.2.2. of the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 (RA 9184).Reference No: LO-012s.2015 January 6, 2016
158 Requesting Clarification whether Municipal Ordinance No. 006-2014 is presumed consistent with law and valid based on DILG Opinion No. 16, series of 2009, in relation to Article 110 (d) of the Implementing Rules and Regulations of Republic Act No. 7160 or the Local Government Code of 1991 and section 56 of the same code.Reference No: LO-013s.2015 January 6, 2016
159 Requesting DILG Confirmation as to whether still run for re-election as Vice -Mayor of Lugus, Sulu in the May 2016 Election in view of three consecutive term riule precribe under section 8, Article X of the 1987 Constitution and reiterated in Section 43(b) of Republic Act No. 7160 or the Local Government Code of 1991Reference No: LO-014s.2015 January 6, 2016
160 Request for DILG Opinion on whether the LGU implement a Local Economic Enterprise (LEE) funded by the 20% local development fund (LDF) even without an excisting ordinance and no feasibility study submitted to the Sangguniang and whether the LGU may earmark from the 20% LDF the budget for the continuation and improvement of project.Reference No: LO-015s.2015 January 6, 2016
161 Request for assistance relative to Pasig City imposition of 10% amusement tax against ticket sales for the SHREK the Musical and ROCK OF AGES the Musical notwithstanding its alleged exemption from the same pursuant to Section 140 (c) of the Local Government Code.Reference No: LO-016s.2015 January 6, 2016
162 Requesting for DILG Legal Opinion on whether you can still run for re-election as Sangguniang Bayan Member in the May 2016 Election in view of three consecutive term limit rule prescribe under Section 8, Article X of the 1987 Constitution and reiterated in Section 43(b) of Republic Act No. 7160 or the Local Government Code of 1991Reference No: LO-017s.2015 January 6, 2016
163 Whether the Civil Service Commission (CSC) is the proper agency to interpret Section 480 of Republic Act No. 7160 or the Local Government Code of 1991, whether the temporary appointment of Mr. Ronquillo (Executive Assistance IV) by the Governor is authorized under paragraph (c), Article 168 of the Implementation Rules and Regulations of the Local Code of 1991.Reference No: LO-018s.2015 January 6, 2016
164 Request for DILG Opinion on whether Municipality can possibly make use 20% Development Fund as counterpart for the 2015 Bottom-up Bugeting (BUB) project of this Department, that are to be implemented by LGU considering that Municipal is operating under a re-enacted budget.Reference No: LO-019s2015 January 6, 2016
165 Requesting for DILG Opinion relative to the BarangayReference No: LO-020s.2015 January 6, 2016
166 Request Legal Opinion on What is the required number of votes to pass a resolution authorizing the municipal mayor to negotiate and enter into contract with the Development Bank of the Philippines to obtain loan?; can consider the resolution adopted by the Sanggunian valid? If is not valid are the Sangguniang Bayan Secretary and Municipal Vice required to furnished (sic) the municipal mayor copy of such resolution?Reference No: LO-021s.2015 January 6, 2016
167 Requesting DILG Legal Opinion on the follwing queries whether the LCE can enter into contracts without authority from the Sangguniang Bayan; and What is the effect of contracts entered by the mayors without authority if is found by COA to be defective.Reference No: LO-022s.2015 January 6, 2016
168 Requesting DILG Legal Opinion on the queries: Is Section 25 of R.A 5412 not in conflict with R.A 9184 and R.A 7160? If so, what would prevail; Does current procedure not violate the law such as Republic Act. No. 9485 (Anti Red Tape Act of 1997) in expenditing trasactions in government?Reference No: LO-023s2015 January 6, 2016
169 Requesting DILG Legal Opinion on who shall sign and approve the duly adopted/enacted resolutions/ordinances during a regular session of the Sangguniang PAnlalawigan as well their corresponding transmittal to the Governor..Reference No: LO-024s.2015 January 6, 2016
170 Requesting the DILG Legal Opion concerning the barangay insurance coverage of barangay official under Section 393 (b) (2) of the Local Government Code (LGC).Reference No: LO-025s.2015 January 6, 2016
171 Request for guidance concerning the disbursement of funds prior to the lapse of the 90-days period for automatic budget reenactment under Section 323 of the Local Government Code.Reference No: LO_026s.2015 January 6, 2016
172 Request for DILG Legal Opinion on appointment of Elective and appointment Local Officials; candidate who lost in an Election.Reference No: LO-027s.2015 January 6, 2016
173 Governing Policy on Disbursement of Confidential Funds )CF) and Special Disbursing Officer (SDO) under the Memorandum Circulars.Reference No: LO-028s.2015 January 6, 2016
174 Endorsed to DILG by BSP-Central Point of Contract which request the intervention of the BSP, by way of review and / or examination of the Property of the Loan Transaction of the Municipal Government of Mabini, Compostella Valley for the purpose of funding the purchase of heavy equipment and other rescue and response vehicles of the Municipality.Reference No: LO-029s.2015 January 6, 2016
175 Requesting DILG Legal Opinion on whether or not the witholding by the chief executive of the salaries (sic) personnel despite the existence of re-enacted budget is valid; Whether or not the witholding by the local chief executive of other compensation such as allowance and RATA of the personnel under enected budget is valid; and salaries and allowance of the personnel (under re-enacted budget),pending the approval or authorization of their transfer or the reclassification of their position is vReference No: LO-030s,2015 January 6, 2016
176 Requesting DILG Central Office clarification May the activities such as conduct of feasibilities studeis, project development studies and other pre-implementation activities in connection with development projects listed in DILG-DBM Joint Memurandum Circular No. 20111-1 be funded by the 20% Local Development Fund.Reference No: LO-031s.2015 January 6, 2016
177 RequestingClarification on the entitlement of barangay officials and employees to the Performance Enchancement Incentive (PEI), which was referred to the Central Office for appropriate action.Reference No: LO-032s.2015 January 6, 2016
178 Requesting the Central OfficeReference No: LO-033s.2015 January 6, 2016
179 Authority of the Local Chief Executive to enter into Contracts in Behalf of the Local Government Units; Effect of the Absence of Authority of the Sanggunian on LGU Contracts and Extension to Implement Infrastructure Contracts.Reference No: LO-034s.2015 January 6, 2016
180 Query on the issues; Is there a need for approval from the sangguniang bayan, and enactment of municipal ordinance for New Organizational Structure Staffing Pattern (NOSSP)?; Section of 76, of the local government code mentioned; Section 77 of the same mentioned only projects authorized by the sanggunian concernerd.Reference No: LO-035s.2015 January 6, 2016
181 Request for appropriate action concerning the alleged imposition of local taxes upon duly registered cooperatives, notwithstanding the latterReference No: LO-036s.2015 January 6, 2016
182 Requesting DILG Legal Opinion regarding the appointment of the 8th ranking Sangguniang Bayan Member position in Municipality of Silago, Southern Leyte.Reference No: LO-037s,2015 January 6, 2016
183 Query on the prioriety of imposing business taxes based on the gross sales or revenue of the business.Reference No: LO-038s.2015 January 6, 2016
184 Requesting DILG guidance relative to the filling of criminal and adminstrative charges against local elective officials on drug-related cases.Reference No: LO-039s2015 January 6, 2016
185 Definitive opinion to the central office by DILG Region VII in a Memorandum dated 19 August 2015 to ascertain the propriety of the use of "Magdegamo" in the implementation of Programs / Projects / Activities (PPAs) of the Provincial of Negros Oriental vis-a-vis DILG Memorandum Circular No. 2010-101 (DILG MC 2010-101) and COA Circular No. 2013-2004.Reference No: LO-040s2015 January 6, 2016
186 Request for DILG Legal Opinion regarding the interpretation of the phrase "person or committee" as used in Section 86 of Republic Act No. 7160 or the Local Government Code (LGC) 1991.Reference No: LO-035S.2014 December 7, 2015
187 Requesting DILG Opinion if the funds of the City Peace and Order Council (POC) for maintenance and other Operating Expenses (MOOE) may be used for the puchase of various vehicles.Reference No: LO-031S.2014 December 7, 2015
188 Requesting Clarification on whether DILG MC No. 2013-47 shall be applicable in the event that the LGU's infrastructure project for bank financing includes of motor vehicles as a cpmponent of the project.Reference No: LO-030S.2014 December 7, 2015
189 Query on the remittance of Collections from admission fees in duly registered cockpits during ordinary hack fights and derbies in Dasmarinas City.Reference No: LO-028S.2014 December 7, 2015
190 Requesting for Legal Opinion regarding the thirty-peso (Php30.00) per household monthly fee being collected by the Sangguniang Barangay intended to defray garbage collection expenses by the virtue of Barangay Ordinance No. 02, Series of 2012.Reference No: LO-025S.2014 December 7, 2015
191 Seeking Legal Opinion regarding certain actions of incumbent Municipal Mayor of Candaba, Pampanga which accordingly may hold him liable criminally and / or administratively.Reference No: LO-024S.2014 December 7, 2015
192 Requesting DILG Legal opinion on the following issues: 1) Whether or not Tacloban City Ordinance No.99-58 is applicable to physicians. 2) Whether or not a city can validly require physicians to secure a MayorReference No: LO-026S2014 December 7, 2015
193 Requesting the DILG Legal Opinion on the meaning of the term "Financial Requirements" in the last paragraph of section 285 of republic Act No. 7160 or the Local Government Code of 1991.Reference No: LO-027S.2014 December 7, 2015
194 Requesting Legal Opinion relative to the "hiring" of consultants through negotiated procurements under republic Act No. 1984 (RA 9184).Reference No: LO-029S.2014 December 7, 2015
195 Requesting DILG Legal Opinion on whether or not hazard pay, subsistence and laundry allowance may be given to the LGU employees.Reference No: LO-032S.2014 December 7, 2015
196 Requesting Legal Opinion on the following :a) whether or not the enactment of Caloocan City Ordinance No. 0535, s. 2014 constitutes sufficient basis and b). Whether or not the City Still needs to comply with the requirements provided for under the Build Operate and Transfer (BOT) Law.Reference No: LO-033S.2014 December 7, 2015
197 This has Reference to Resolution No. 2014-464 adopted by the Sangguniang Panlalawigan of Leyte Seeking DILG Legal Opinion on the following issues:1) Can Actual travel expenses in excess of P800.00 per day in the Sangguniang Panlalawigan be denied 2). Is there a standing policy that the annual budgetary allocation of the Sangguniang Panlalawigan may not be increased by more than Ten Percent (10%) than that previous years? 3). Limitations on the power of the Sangguniang Panlalawigan pertaining to Reference No: LO-036S.2014 December 7, 2015
198 Seeking the DILG Legal Opinion to determine who is authorized to occupy the vacant position in the Sangguniang Bayan (SB) of Buenavista, Marinduque, caused by the untimely demise of Vice-Mayor (Vice Mayor Suguid)/ requesting for DILG Opinion to detrmine of "Vacant Position" as stipulated in Sec. 45 (B) of RA 7160" adopted by the SB of Burnavista, Marinduque.Reference No: LO-037S.2014 December 7, 2015
199 Request for the Legal Opinion regarding the need for prior authorization from the Sangguniang Bayan concerning the donation to the Municipality of new welcome are now construted by the private company Nort Luzon renewable Energy (NLERC).Reference No: LO-038S.2014 December 7, 2015
200 Request for Opinion concerning the intention of Bayawan City to allocate 10% of its 70% Local Disaster Risk reduction Management Fund (LDRRMF) pursuant to an undertaking as member of an alliance orginized through a Memorandum of Agreement (MOA) among LGUs of Southern Negros composed of four (4) cities and seven (7) municipalities.Reference No: LO-039S.2014 December 7, 2015