Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

301 Queries on what is the effect of the exercise of the powers and performance of the duties and functions of the Mayor by the Vice Mayor on account of the indefinite leave of absence of the elected Mayor due to illness,what functions of the elected Vice Mayor and what should be discharged by his successors in officeReference No: LO-023S2012 August 1, 2014
302 whether the highest ranking members of the sangguniang Panglungsod can immediately take over and perform the functions and duties of the Vice mayor as a result of the exercise of the power and performance of the duties and functions of mayor by the Vice Mayor on account of the indefinite leave of absence of the elected mayor due to illnessReference No: LO-022S2012 August 1, 2014
303 The LGU of General Santos request for clarification regarding the MC No. 2011-68 particularly the exception to the prohibition on the operation of the tricycles and pedicabs along the National HighwayReference No: LO-024S2012 August 1, 2014
304 Invalidity of some portions of the Revised Revenue Code of San Simon,Pampanga and Scope of Municipalities Taxing Power, Situs TaxReference No: LO-021S2912 July 31, 2014
305 The Sangguniang Panlalawigan of Zamboanga Del Sur thru its Resolution No. 2K11-579 declared invalid Bayog's Municipal Ordinance No. 11-92-11 for being contrary to RA 7942 or the Philippine Mining Act of 1995Reference No: LO-020S2012 July 25, 2014
306 Clarification on MC No. 2011-151, which suspends the imposition and collection of pass through fees vis-a-vis the collection of toll fees as authorized under Section 155 of LGU Code of 1991Reference No: LO-019S2012 July 25, 2014
307 Clarification on whether or not the collection of annual fixed tax is covered by MC No. 2009-76,which prohibits LGUs from charging pass through fees on vehicles especially those carrying agricultural goods and productsReference No: LO-018S2012 July 25, 2014
308 Query on whether a Sangguniang Bayan Secretary may be designated as OIC Municipal TreasurerReference No: LO-017S2012 July 25, 2014
309 Whether the Sectoral representatives (IPs/ICCs) are entitled to the Third Tranche of the modified Salary Schedule for LGU Personnel and , if in affirmative ,whether the grant thereof is mandatoryReference No: LO-015S2012 July 25, 2014
310 Query on whether the Vice Mayor can by necessary implication,issue the Allotment Release Order (ARO) in relation to Sangguniang Panglungsod FundsReference No: LO-014S2012 July 25, 2014
311 The Sangguniang Bayan of Liloan,Southern Leyte enacted Municipal Ordinance No. 29-93, as amended by Municipal Ordinance No. 35-93.Said Ordinance imposes Fees to all vehicles for the use of the Municipal Road which connects the National Highway down to the toll gate of the Ferry Terminal of LiloanReference No: LO-016S2012 July 25, 2014
312 Possible administrative offenses to be filed against Local Officials due to lack of or delay in the filing of application for leave of absence.Reference No: LO-012S2012 July 24, 2014
313 1st Endorsement of DBM Region VIII Director which refers to the Department the 25th October 2011 request for opinion of Philippine Health Insurance Corporation (PHIC) Region VIII Vice president on the propriety of charging the PhilHealth Premium Contributions of the Non-NHTS indigents enrollees to the 20% Development FundReference No: LO-010S2012 July 24, 2014
314 Seek approval for the City Government of Taguig through its Business Permits and licensing Office (BPLO) and the City Treasurer's Office, to include in its collection for the month of January 2012,the required Fire Code Fees being collected by the BFPReference No: LO-009S2012 July 24, 2014
315 Clarification on the issue referring to DILG opinion No. 29,series of 2011 dated 27 June 2011 and not June 2010 re: punong Barangay to seek permission from the Department when practicing Profession.Reference No: LO-008S2012 July 24, 2014
316 Validity of Ordinance authorizing the levy fees and taxes on transport of garbage in relation to Memorandum Circular No. 2011-151 particulary on the proposed Tax Ordinance of the Sangguniang Bayan of Bamban,TarlacReference No: LO-007S2012 July 24, 2014
317 Whether Section 3 of BP 220 subsists with the repeal of PD 1185 by the RA 9514 and Whether the specification for a 0.30 meter fire wall detailed / specified in the 2008 BP 220 IRR is valid and subsisting.Reference No: LO-006S2012 July 24, 2014
318 Query of City Local Government Operation Officer Ormoc City on the proper Implementation of the COMELEC Resolution in relation to DILG Circular No. 2010-19Reference No: LO-005S2012 July 24, 2014
319 Legality of the Act of Barangay San Jose, Bauan Batangas to require Barangay IDs and sufficiency of Barangay Ordinance No. 51Reference No: LO-013S2012 July 24, 2014
320 Clarification and request for opinion on the validity of assumption to Office as Acting Municipal MayorReference No: LO-004S2012 July 2, 2014
321 The Validity of City Ordinance No. 2012-422 on Comprehensive Land Use Plan (CLUP) and City Zoning Ordinance enacted on 06 December 2010.The subject ordinance was passed in view of the expiration of the prior CLUP/Zoning Ordinance for the period 2000-2010Reference No: LO-001S2012 July 2, 2014
322 Clarification on the issue regarding the withholding of Honoraria of Barangay Elective OfficialsReference No: LO-002S2012 July 2, 2014
323 Opinion on whether trucks carrying aggregate Sub-based Course (ASBC) is covered by DILG MC No.2011-122 and DILG MC No2011-151Reference No: LO-003S2012 July 2, 2014
324 Clarification and proper guidance as to the validity of an Ordinance passed by the Sanggunian Barangay of Buscayan, Macrohon, Leyte.Reference No: LO-024S2011 February 13, 2013
325 Whether or not the proposed ordinance by the Municipality of Bauan, Batangas imposing permit and environmental fees in the entry and transit of scrap materials is in accordance with law, specifically under Section 133(e) of the LGC.Reference No: LO-018S2011 February 12, 2013
326 Whether PBs have the authority to order the temporary closure of roads pursuant to Section 21 (c) of the LGC of 1991Reference No: LO-084S2011 November 27, 2012
327 Any question as to the validity of the ordinance authorizing the supplemental budget should already be threshed out before the proper forum by filing the appropriate pleading, the matter being adjudicatory in natureReference No: LO-081S2011 November 27, 2012
328 Beyond the length of time that elapsed, an ordinance duly passed enjoys the presumption of validityReference No: LO-080S2011 November 27, 2012
329 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
330 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
331 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
332 The power of the municipalities to establish fish portsReference No: LO-069S2011 November 26, 2012
333 Opinion in JO2 Caguisano’s entitlement to longevity payReference No: LO-068S2011 November 26, 2012
334 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
335 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
336 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
337 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
338 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
339 Assailing the propriety of the appointment of Mr. Arturo Gregorio as member of the SB of Altawas, AklanReference No: LO-058S2011 November 21, 2012
340 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
341 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
342 The proper imposition of brgy. Clearance and the legal basis upon which said clearance may issueReference No: LO-053S2011 November 14, 2012
343 Whether or not a local government unit can operate a cockpit as an economic enterpriseReference No: LO-052S2011 November 14, 2012
344 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
345 Filling up of temporary vacancy in the office of the Vice MayorReference No: LO-050S2011 November 14, 2012
346 -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
347 This department refrains from rendering opinion on matters that are presumptively valid actsReference No: LO-046S2011 November 14, 2012
348 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
349 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
350 Demand of Avelino S. Tanguakio, Sangguniang Barangay member for the payment of his honorarium during his suspensionReference No: LO-035S2011 November 5, 2012