Legal Opinions Archive

LEGAL OPINIONS ARCHIVE

601 The Supreme Court decision declaring unconstitutional the Cityhood Laws, has not yet attain finallity.Reference No: LO-153S2010 March 3, 2011
602 Authority of Vice-Mayor acting as Mayor to solemnize marriageReference No: LO-041S2010 March 3, 2011
603 City and municipality suspension over their respective barangays.Reference No: LO-152S2010 March 3, 2011
604 The new sanggunian may or may not adopt the previous IRP of the former sanggunian.Reference No: LO-149S2010 March 3, 2011
605 Legality of Resolution re Veto Message of the Mayor on the Annual BudgetReference No: LO-040S2010 March 3, 2011
606 Conflict between the constitution and the LGC in the prohibition on the appointment of candidates who lost in any election.Reference No: LO-148S2010 March 3, 2011
607 Powers and Authority of Asst Secretary MatalamReference No: LO-039S2010 March 3, 2011
608 Resolutions that have never been voided before the courts , the same enjoy the presumption of legality.Reference No: LO-036S2010 March 3, 2011
609 The power Need Amelioration Fund can be used for the project eletrification.Reference No: LO-035S2010 March 3, 2011
610 Barangays concerned through their respective Sanggunians should be enact a new three appropriation/supplemental ordinance, and allocate funds for the purchase of service fire arms.Reference No: LO-032S2010 March 3, 2011
611 A sample majority of the membership of the LDC shall constitute a quorom to transact official business.Reference No: LO-147S2010 March 3, 2011
612 Whether ordinance No. 2010-110 by the SB of Imus, Cavite can be implemented or not, or should be declared inoperative and ineffective.Reference No: LO-146S2010 March 3, 2011
613 Nomination and Appointment with respect to the Filling of the Vacancy in accordance with Law enjoys the Presumption of Regularity and ValidityReference No: LO-031S2010 March 3, 2011
614 Concerned whether the holdover term constitutes as one term in counting the three (3) consecutive terms..Reference No: LO-145S2010 March 3, 2011
615 Wages and other Benefits appurtenant to the Position after winning in the Election Protest.Reference No: LO-028S2010 March 3, 2011
616 Mayors and Governors are prohibited from practicing their profession other than their exercise of their functions as LCE's.Reference No: LO-143S2010 March 3, 2011
617 Whether or not he is legally entitled to the benefits as Sangguniang Barangay memberReference No: LO-142S2010 March 3, 2011
618 Whether or not the SB may validly enact a resolution re-enacting the preceding year's budget qppropriationReference No: LO-027S2010 March 3, 2011
619 Whether or not a Resolution enacted by the SB still needs the Approval of the Mayor.Reference No: LO-025S2010 March 3, 2011
620 Use of the Priority Development Assistance Fund (PDAF)Reference No: LO-023S2010 March 3, 2011
621 Whether there's a need to declare the position vacant so that Barangay Council can recommend and the Mayor appoint his replacement.Reference No: LO-022S2010 March 3, 2011
622 Industries Development Corporation(IDC) may validly conduct logging activities within the municipality even without a business permit from the municipality.Reference No: LO-141S2010 March 2, 2011
623 Section 43 (b) of the LGC of 1991 to apply, two (2) elements must concur 1) the local official concern must been elected to that office and 2) said local official must have fully served the term of the same office three consecutive terms.Reference No: LO-139S2010 March 2, 2011
624 A decision rendered by a court, tribunal or quasi-judicial agency does not attain finality pending the resolution of a motion for reconsideration or appeal of said decision filed.Reference No: LO-138S2010 March 2, 2011
625 The legal ramifications of establishing a local water district considering that the municipality has already contracted a private corporation to perform the functions similar to a water district.Reference No: LO-137S2010 March 2, 2011
626 Whether or not the construction of a barangay hall in an open space belonging to and owned by the Quezon City government is legal.Reference No: LO-136S2010 March 2, 2011
627 Whether or not the assignor or transferor is required to secure a business license and mayor's permit.Reference No: LO-135S2010 March 2, 2011
628 Status of the Municipal President Liga ng mga Barangay who has filed his Leave of Absence and thereafter cut the two years Leave of Absence short and claim back his positionReference No: LO-020S2010 March 2, 2011
629 Entitlement to Hazard PayReference No: LO-134S2010 March 2, 2011
630 Impending vacancy in the office of the mayor for reason of the latter's arrest for the alleged commission of the crime of rape.Reference No: LO-133S2010 March 2, 2011
631 Whether or not the Sangguniang Panglungsod can allocate Funds for the Allowance of SK KagawadsReference No: LO-019S2010 March 2, 2011
632 Propriety of the City legal officers act of notarizing a contract between the winning bidder and city government represented by the city mayor.Reference No: LO-132S2010 March 2, 2011
633 Authority to practice profession as a CPA-Lawyer subject to the limitations set by law.Reference No: LO-131S2010 March 2, 2011
634 Absent any contrary declaration, appointment enjoys the presumption of validityReference No: LO-130S2010 March 2, 2011
635 Whether or not the PB is mandated to follow resolution issued by sitio leadersReference No: LO-016S2010 March 2, 2011
636 Whether or not ex-officio member still need to be confirmed/recognized by the new set of members of the SB.Reference No: LO-129S2010 March 2, 2011
637 Whether or not the Criminal Conviction of the Mayor and consequent hiding render the said office permanently vacantReference No: LO-015S2010 March 2, 2011
638 Section 6(e) of EO 45, LGU's are given 30 days only within which to issue development permits.Reference No: LO-128S2010 March 2, 2011
639 Whether or not it is Legal to ignore the ongoing Review of the SP over a Municipal ResolutionReference No: LO-014S2010 March 2, 2011
640 Whether or not the funds allocated to municipalities by a Congressman, out of his Priority Development Assistance Fund (PDAF) can be used as Intelligence FundReference No: LO-011S2010 March 2, 2011
641 All matters in the Sanggunian involving a committee and its membership should be governed by the adopted IRP.Reference No: LO-127S2010 March 2, 2011
642 The legal implication of the failure of the secretary to the SB to transmit copy of the Municipal Ordinance within the period prescribed under the LGC of 1991.Reference No: LO-126S2010 March 2, 2011
643 Resolution No.3 s. 2009 issued by the MDC of Maigo, Lanao Del Norte, enjoys the presumption of validity and legality .Reference No: LO-125S2010 March 2, 2011
644 Barangay officials are not entitled to the payment of the monthly honorarium in the absence of the required actual services rendered.Reference No: LO-124S2010 March 2, 2011
645 Interpretation of section 150 of RA 7160 regarding situs of tax.Reference No: LO-123S2010 March 2, 2011
646 Sanggunians are empowered to adopt their respective Internal Rules of Procedure, subject to the mandatory requirements provided under Section 50 of the LGC of 1991 and provided further that is must be consistent with the constitution and pertinent laws.Reference No: LO-122S2010 March 2, 2011
647 Acting LCE exercises all the powers and perform all the duries and fucntions of the LCE except the power to appoint, suspend or dismiss employees.Reference No: LO-121S2010 March 2, 2011
648 Whether or not the implementation of a preventive suspension is a ministerial job of an executive official.Reference No: LO-120S2010 March 2, 2011
649 This Department does not have the power and authority to invalidate an executive order issued by a LCE.Reference No: LO-119S2010 March 2, 2011
650 Whether the ruling of the Presiding Officer to rescend/reject a previous resolution returning the proposal 2010 budget to the City Mayor for some revisionsReference No: LO-006S2010 March 2, 2011