Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

301 Opinion on why the DILG and DBM Joint Circular No. 2011-1 capability building or HRO activities for LGUs is no longer allowed to be funded out of the 20% Development FundReference No: LO-078S2011 November 27, 2012
302 Municipalities and cities are granted the power to regulate the operation of tricycles and grant franchises within their respective territorial jurisdictions subject to the guidelines prescribed by the DOTC pursuant to Sections 447 (3) (VI) and 458 (3) (VI) of the LGCReference No: LO-077S2011 November 27, 2012
303 All executive orders promulgated by the component city or municipal mayor shall be forwarded to the governor within three (3) days from their issuanceReference No: LO-076S2011 November 27, 2012
304 The power of the municipalities to establish fish portsReference No: LO-069S2011 November 26, 2012
305 Opinion in JO2 Caguisano’s entitlement to longevity payReference No: LO-068S2011 November 26, 2012
306 Clarification on the opinion previously rendered by the Dept. addressed to the Sangguniang Bayan of Altavas, Aklan re: the Presidency of the Liga ng mga Baragay in the said municipalityReference No: LO-067S2011 November 26, 2012
307 It is clear that the duly elected President of Liga at the Municipal Chapter shall serve as ex-officio member of the SBReference No: LO-064S2011 November 26, 2012
308 Section 60 of RA 7160 enumerate the grounds for an elective local official to be charged administratively, local elective officials shall be entitled to leave privileges as those enjoyed by the appointive local officials, including accumulation and commutation thereofReference No: LO-062S2011 November 21, 2012
309 The authority to draw checks for the settlement of obligations is vested with the local treasure and not with the Municipal AdministratorReference No: LO-061S2011 November 21, 2012
310 The issue of his entitlement to longevity pay or not, taking into account the break in the service arising from his summary dismissal from the service which was later on modified into a suspensionReference No: LO-059S2011 November 21, 2012
311 Assailing the propriety of the appointment of Mr. Arturo Gregorio as member of the SB of Altawas, AklanReference No: LO-058S2011 November 21, 2012
312 The head of the LGU concerned is bound by law to ensure that business entities operating thereat are fully complying with both the natural and local lawsReference No: LO-055S2011 November 21, 2012
313 Pending of appointment of the other SK Officials, the remaining set of SK officials may already transact official business, including the formulation and enactment of the SK BudgetReference No: LO-054S2011 November 21, 2012
314 The proper imposition of brgy. Clearance and the legal basis upon which said clearance may issueReference No: LO-053S2011 November 14, 2012
315 Whether or not a local government unit can operate a cockpit as an economic enterpriseReference No: LO-052S2011 November 14, 2012
316 Sec. 6, Rule IV of the IRR of RA 8371, it is that mandate that the ICCs / IPs shall be provided mandatory representation in all policy making bodies and in local sangguniansReference No: LO-051S2011 November 14, 2012
317 Filling up of temporary vacancy in the office of the Vice MayorReference No: LO-050S2011 November 14, 2012
318 -Section 20 of RA 7160 provides for the reclassification of land which may be validly made through an ordinance, passed by the sanggunian concerned after the conduct of public hearings held for that purpose -A special session may be called by the LCE or by majority of the members of the sanggunian, where public interest so demands -Section 60 of RA 7160 enumerates the various grounds for disciplinary actions wherein an elective official may be disciplined, suspended or removed from officeReference No: LO-048S2011 November 14, 2012
319 This department refrains from rendering opinion on matters that are presumptively valid actsReference No: LO-046S2011 November 14, 2012
320 Whether MO No. 14, which mandates all natural government GOCC’s and LGU’s to start the process of payment of one-half of the year- End Bonus and cash gift to their employees on 1 May 2011, covers all local elective officialsReference No: LO-041S2011 November 5, 2012
321 Resolution No. 149 s. 2011 decreasing the natural wealth tax share of Itogon, Benguet regarding the operation of the San Roque Multi-Purpose Dam Project (SRMOP)Reference No: LO-036S2011 November 5, 2012
322 Demand of Avelino S. Tanguakio, Sangguniang Barangay member for the payment of his honorarium during his suspensionReference No: LO-035S2011 November 5, 2012
323 Whether or not an OIC of BPLO is authorized to cause the revocation of a business permit issued by the MayorReference No: LO-033S2011 November 5, 2012
324 Barangay Tanods cannot be armed during their tour of dutyReference No: LO-031S2011 November 5, 2012
325 Whether or not there is a need for a PB to seek prior written permission from the SILG before he/ she can practice her profession or engage in any other professionReference No: LO-029S2011 November 5, 2012
326 Whether a person who ran for the position as a member of a local sanggunian but lost may substitute and be appointed as a member of the said local sanggunian following a vacancy therein after the one (1) year ban.Reference No: LO-027S2011 November 5, 2012
327 Whether the Sanggunian Barangay has the authority to declare the barangay under a state of calamity under RA 10121 for purposes of utilizing the 30% of the 5% LDRRMF allocated as Quick Response Fund (QRF)Reference No: LO-088S2011 October 1, 2012
328 Mc No. 01S2006 of the Office of the Ombudsman states that the filing of a motion for reconsideration or petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the Ombudsman Decision, Orders or Resolutions, unless a Temporary Restraining or Writ of Injunction is duly issued by the court of competent jurisdictionReference No: LO-095S2011 October 1, 2012
329 Whether DILG-DBM MC No. 2011-1 applies to barangays created by the city or provincial governmentReference No: LO-092S2011 October 1, 2012
330 Permanent and temporary vacancies may be further classified in two, vacancy due to illness/physical disability and vacancy due to legal causesReference No: LO-089S2011 October 1, 2012
331 The creation of office of the provincial government is not within the powers and functions of the Provincial Governor since said power is, under the law, is within the powers and functions of the Sangguniang PanlalawiganReference No: LO-087S2011 October 1, 2012
332 The legal implication of of a reappointment of the present two districts of Antipolo City in the membership to the City Council and Provincial Board if and when law is passed creating a 3rd legislative thereinReference No: LO-079S2011 October 1, 2012
333 A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or dispositionReference No: LO-072S2011 September 25, 2012
334 HB 4820, the charter of Nueva Camarines, shall specifically govern its creation and other matters necessary for its existence as a political body corporateReference No: LO-060S2011 September 25, 2012
335 The mode of service in the implementation of the decision shall be governed by the Ombudsman Act and the Ombudsman Rules of Procedure. Considering that the Ombudsman Act and the Ombudsman Rules of Procedure are silent in the matter, the provisions of the Rules of Court shall therefore apply suppletorilyReference No: LO-057S2011 September 25, 2012
336 Whether it is within the authority of the SB to establish and / or authorize the implementation of an Arabic Education Program (AEP) to create positions under the organizational structure of the AEPReference No: LO-044S2011 September 25, 2012
337 Further clarification on the prior opening rendered by this Department in the collection of Barangy. Clearance fees by several barangays in the conduct of CARD MRI’s meetings and seminars thereatReference No: LO-043S2011 September 25, 2012
338 The proper application of Section 45 of the LGC refusing to the manner of filling up permanent vacancy in the SP of Antipolo CityReference No: LO-042S2011 September 18, 2012
339 Whether the "deprivation" of traveling allowance and one job order employee for the current year by Mayor Nacario of Calbiga, Samar are within the limits and bounds of lawReference No: LO-040S2011 September 18, 2012
340 Whether it is lawful for the son of a deceased SB member to "take over" the said positionReference No: LO-039S2011 September 18, 2012
341 Whose mandate should prevail relative to the use of the 20% component of the Annual Internal Revenue Allotment ShareReference No: LO-038S2011 September 17, 2012
342 Holding of a chairmanship in the outstanding committees by ex. Officio members in the Sangguniang PanlalawiganReference No: LO-034S2011 September 17, 2012
343 Whether or not the 20% Development Fund is among those considered as re-enacted in a re-enacted budgetReference No: LO-030S2011 September 6, 2012
344 Whether the Lady Local Legislators League of the Philippines (Four L Phils) is considered a government institutionReference No: LO-028S2011 September 5, 2012
345 The well-settled rule that the determination of the conditions upon which preventive suspension may be imposed under the law is vested exclusively with the Sanggunian concerned.Reference No: LO-023S2011 September 5, 2012
346 The purchase of appropriate engineering equipment such as dump trucks, graders and pay loaders are expressly authorized under par.3.2.2 of DILG-DBM JMC No. 2011-1Reference No: LO-021S2011 September 5, 2012
347 The ICC/IP representative to the Local Sanggunian shall be elected in accordance with the Local Guideline duly adopted and promulgated by the ICCs/IPs themselvesReference No: LO-020S2011 September 4, 2012
348 The prescription period of 90 days for the review of appropriation ordinance by the Sangguniang PanlalawiganReference No: LO-019S2011 September 4, 2012
349 The strict implementation of R.A No. 8371 (IPRA)Reference No: LO-026S2011 August 16, 2012
350 Whether the mandatory representation of Indigenous cultural communities / Indigenous people in local legislative bodies includes representation in the Sangguniang Barangays.Reference No: LO-025S2011 August 16, 2012