Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

1 Request for Legal Opinion of Mayor Allan L. Rellon of Tagum City concerning the proper interpretation of Section 56 of the Local Government Code (LGC) of 1991Reference No: LO-037s2018 July 11, 2018
2 Legal Opinion from the Municipality of Kalayaan, Palawan on whether they are duty bound to allow SK Chairperson of the Lone Barangay in the said municipality to sit as ex-officio member in the Sangguniang BayanReference No: LO-036s2018 July 9, 2018
3 Legal Opinion on the validity and legality of Ordinance No. SP-2140, S-2012, entitled "An ordinance regulating the use of plastic bags and establishing an environmental fee for its use, providing mechanism for its recovery and recycling and providing penalties for violation thereof", as amended by Ordinance No. SP-2350, S-2014, entitled "an ordinance providing for the Environmental Protection and Waste Management Code of Quezon CityReference No: LO-035s2018 July 3, 2018
4 Request for comments and/or suggestions on the proposed City Ordinance No. PO20CC-056, S-2016 entitled, “An ordinance amending section 2 of Ordinance No. SP-1923, S-2009 which imposes a ceiling fee for the issuance of Barangay Clearance within Quezon CityReference No: LO-034s2018 June 25, 2018
5 Coverage of SK Scholarship whether it includes masters degree taken in a state universityReference No: LO-032s2018 June 22, 2018
6 Legal Opinion on whether or not the Punong Barangay can be appointed/designated as a substitute teacher of Department of Education (DepEd)Reference No: LO-033s2018 June 22, 2018
7 Legal Opinion relative to the representation to the SK Federation Election (Municipal) due to the death of the elected and proclaimed SK ChairpersonReference No: LO-031s2018 June 6, 2018
8 Legal Opinion on whether or not the First Ranking Sangguniang Kabataan (SK) Member, due to the death of SK Chairperson, can attend, vote and be voted upon in the SK Federation ElectionReference No: LO-030s2018 June 6, 2018
9 Legal Opinion on the issue of whether or not the Local School Board may provide assistance to construct a Multi-Purpose Room/Laboratory to be financed by the Special Education Fund (SEF)Reference No: LO-029s2018 June 6, 2018
10 Request for Legal Opinion on whether or not the Province of La Union can impose fees (Livestock Quarantine Regulatory Fees) on the transport of frozen goods, poultry products and dressed chicken into and out of the provinceReference No: LO-028s2018 June 1, 2018
11 Request for Vice Governor Nisce of the Province of La Union for Certification from DILG of the ranking of the Sangguniang Panlalawigan Members, Province of La UnionReference No: LO-027s2018 June 1, 2018
12 Request for Legal Opinion relative to twenty percent (20%) IRA for development of projectsReference No: LO-026s2018 June 1, 2018
13 Legal Opinion on Whether the signature of the congressman is mandatory for the budget process to proceedReference No: LO-025s2018 May 23, 2018
14 Legal Opinion relative to the investigation of administrative complaints filed against city public health workers of City Health Office of Puerto Princesa CityReference No: LO-024s2018 May 22, 2018
15 Legal Opinion on the request of the Municipal Mayor for Authority to Execute a Deed of Assignment to the Impasugong Energy CorporationReference No: LO-023s2018 May 8, 2018
16 Legal Opinion on whether the Vice Mayor has the Authority to Hire Job Order WorkersReference No: LO-022s2018 May 8, 2018
17 Legal Opinion on whether Punong Barangay Edgardo L. Leray could avail his salaries and other emoluments upon assuming Liga Presidency by Rules of SuccessionReference No: LO-021s2018 May 8, 2018
18 Request for Legal Opinion on Municipality of Taft, Eastern Samar relative to the assumption of the Liga Vice President of the Ex-Officio Membership in the Sanggunian due to the Suspension in Office of the incumbent Liga PresidentReference No: LO-020s2018 April 24, 2018
19 Request for Guidance and Assistance concerning the review of ordinances by the Higher SanggunianReference No: LO-019s2018 April 20, 2018
20 Legal Opinion on Whether the City Government of Iloilo has the Power to Grant a Water and Sanitation FranchiseReference No: LO-018s2018 March 21, 2018
21 Legal Opinion on whether a 4th Class Municipality is obliged to grant allowances to National Government Employees assigned/detailed in a Local Government UnitReference No: LO-017s2018 March 12, 2018
22 Request for Legal Opinion relative to the assumption of Mr. Roberto S. Duclan as Punong Barangay (PB) of Maguyepyep, Sallapadan, Abra after being finally declared as the winner by the Commission on Elections (COMELEC) in the 28 October 2013 Barangay ElectionsReference No: LO-016s2018 March 12, 2018
23 Request for the Department's Legal Opinion on the validity of the Balibago Waterworks Memorandum of Agreement (MOA) and the Authority of the City Government of Mati to enter the same despite the non-passage and disapproval of the said city's Water Investment PlanReference No: LO-015s2018 March 12, 2018
24 Request for Legal Opinion of Mayor Cristina C. Diaz of San Mateo, Rizal on the power of the Sangguniang Panlalawigan to review ordinances of component municipalities under Section 56 of the Local Govenment Code (LGC) of 1991Reference No: LO-014s2018 March 12, 2018
25 Request for the Department's Legal Opinion regarding the donation of roads, alleys, sidewalks and open spaces of Ayala Alabang Village in favor of the City of MuntinlupaReference No: LO-013s2018 March 12, 2018
26 Legal Opinion on the application of the DILG-DTI-DICT JMC no. 01 s. 2016 "Revised Standards in processing Business Permits and Licenses in all Cities and Municipalities" relative to a request for revocation/non-renewal of a Business Permit issued to Unitop General Merchandise, Inc.Reference No: LO-012s2018 March 12, 2018
27 Request for the Department's Legal Opinion on the Powers and Functions of the Executive Committee of a Provincial Development CouncilReference No: LO-011s2018 March 12, 2018
28 Request of Acting Mayor Antonio P. Yapha, Jr., of Toledo City, Cebu to allow him to practice his profession as a surgeon/physicianReference No: LO-010s2018 March 12, 2018
29 Legal Opinion on the Increase of Salary of Job Order and Casual EmployeesReference No: LO-009s2018 March 12, 2018
30 Request for the Department's Legal Opinion on whether a Sangguniang Bayan Member who is also a Licensed Civil Engineer may practice his / her ProfessionReference No: LO-001s2018 February 2, 2018
31 Legal Opinion on whether the Municipal Administrator who is tasked to man the office may officiate or conduct a marriage ceremony in the absence of the MayorReference No: LO-002s2018 February 2, 2018
32 Request of a Sangguniang Panlungsod Member for the SILG to issue the former an authority to practice his professionReference No: LO-003s2018 February 2, 2018
33 Request for the Department's Legal Opinion regarding the continued physical absence of mayor-elect Bryan Reganit, Municipality of Maitum, Sarangani ProvinceReference No: LO-004s2018 February 2, 2018
34 Legal Opinion on the status of Municipal Ordinance No. 2, S. 2017, Entitled, " An Ordinance approving the Waterworks in the Municipality of Magdiwang and creating the Magdiwang Waterworks Department (MWD) and providing Funds thereof "Reference No: LO-005s2018 February 2, 2018
35 Request for guidance on the issue of whether or not a portion of the 20% Development Fund may be used to purchase a cemetery lotReference No: LO-006s2018 February 2, 2018
36 Request from the Municipality of Nueva Era, Ilocos Norte for the OIC, DILG to order the Regional Director of DILG Region 1 and Provincial Director of DILG Ilocos Norte to implement the Sangguniang Panlalawigan Order on Boundary Dispute 104 cognizant to Supreme Court En Banc decision under G.R. No. 169435 Re: Transfer of political jurisdiction from Brgy. Cacafean and parts of Barangay Ferdinand and Elizabeth, Marcos to Political Jurisdiction of Nueva Era, Ilocos NorteReference No: LO-007s2018 February 2, 2018
37 Request for Clarification on the DILG Legal Opinion No. 15, S.2014 of Saul A. Establecida, Secretary to the Sangguniang Bayan, Burdeos, QuezonReference No: LO-008s2018 February 2, 2018
38 If a Punong Barangay did not get the prior written permission from the DILG Secretary before he engages in a full time occupation during his incumbency as Punong barangay, what sanction will the DILG mete-out to the erring Punong Barangay.Reference No: LO-031s-2017 February 1, 2018
39 Whether the Local Chiefs Executive (LCE) can unilaterally use budgetary savings in the Sangguniang Bayan as sources of funds for Supplemental Budget, without prior nod or permission from the Vice-Mayor.Reference No: LO-032s2017 February 1, 2018
40 Whether a Vice-Governor, who is a member of the Philippine Bar, may engage into the practice of legal profession, specifically; to appear as private counsel; to apply for notarial commission; and/ or to teach any level of any educational institutions, without securing an authorization from the DILG, the Ombudsman or the Civil Service Commission.Reference No: LO_033s2017 February 1, 2018
41 Requesting for legal opinion on the propriety of the Order dated 03 August 2017 of the Sangguniang Panlalawigan of Cagayan implementing the Decision reinstating Hon. Ting as Punong Barangay of Centro 7, Tuguegarao City, Cagayan.Reference No: LO-027s2017 November 24, 2017
42 Requesting for the Department's legal opinion on the withholding of his monthly honorarium for not attended any sangguniang session and meeting because of his received serious threats against his life due to the elleged involment with the illegal drug trade.Reference No: LO-028s2017 November 24, 2017
43 Requesting legal opinion on whether he could not continue to discharge the duties and functions of Punong Barangay even after 12 August 2017.Reference No: LO-029s2017 November 24, 2017
44 Requesting legal opinion on whether the provincial government has the power to set tariffs for the provision of used water services within its jurisdiction and whether Local Government Units (LGUs) has the power to approve used water tariff.Reference No: LO-030s2017 November 24, 2017
45 Requesting opinion on the proper procedure in the sanggunian and matters that will be included in the agenda of the sanggunian.Reference No: LO-025s2017 October 11, 2017
46 Does the prohibition (to practice a profession) include Punong barangay who are chief executives of LGU's?Reference No: LO-021s2017 October 11, 2017
47 Requesting assistance on the filling-up of the position in the Sangguniang Bayan as a result of the previous dismissal of Mayor De Castro by the Office of the OmbudsmanReference No: LO-019s2017 October 11, 2017
48 For clarification on who is legal mayor of Mahayag, Zambo del Sur and at the same time, requesting assistance and/ or order for the acting mayor to step down on the ground that the preventive suspension order previously issued against him could not yet given force and effect in view of the onset of the 90-days prohibited period under Section 62(c) of the LGC of 1991.Reference No: LO-020s2017 October 11, 2017
49 Requesting opinion on what is the legal basis for the conduct of the annual State of the City Address?Reference No: LO-022s2017 October 11, 2017
50 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