Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

51 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
52 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
53 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
54 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
55 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
56 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
57 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
58 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
59 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
60 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
61 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
62 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
63 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
64 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
65 Does the prohibition (to practice a profession) include Punong barangay who are chief executives of LGU's?Reference No: LO-021s2017 October 11, 2017
66 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
67 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
68 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
69 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
70 Filed an application (with complete requirements) for business permit for the operation of cable TV services but no business permit been issued on the ground that he did not obtain the endoresement of the Sagguniang Panlungsod as the latter, alegedly, is empowered to enact ordinances granting franchises.Reference No: LO-024s2017 October 11, 2017
71 Requesting to have local government unit (LGU) be deputized as the Cooperative Development Authority (CDA) local counterpart.Reference No: LO-026s2017 October 11, 2017
72 Does the implementation of the suspention order covered by the 90-day period set by Section 62 of the LGC which prohibits Orders of Preventive Suspension from the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sannguniang Bayan to be implemented?Reference No: LO-018s2017 August 25, 2017
73 Requesting clarification/legal opinion on the functions of the Local Government Unit (LGUs) in regulating and monitoring the pratice of Message Therapy in the country in relation to the provisions of Presidential Decree No. 856 or "Code on Sanitation of the Philippines".Reference No: LO-017s2017 August 25, 2017
74 Whether or not the Valenzuela City Government may put up a Blood bank to be financed by the Local Disaster Risk Reduction and Management Fund (LDRRMF)Reference No: LO-016s2017 August 25, 2017
75 Requesting legal opinion on several issues in connection with his plan to the transfert the City Hall to a new site.Reference No: LO-015s2017 August 25, 2017
76 Requesting legal opinion on the legality of the status of a Barangay Kagawad who was appointed as a Fish Warden for a Marine Protected Area is the same barangayReference No: LO-014s2017 August 25, 2017
77 Requesting for legal opinion regarding PB Robert Valmores position, him being in cuncurrently in jail while the case against him is still pending?Reference No: LO-013s2017 August 25, 2017
78 Requesting intervention in putting into effect DILG Opinion Nos. 50, s. 2015 and 14 s, 2016Reference No: LO-012s2017 August 25, 2017
79 Request for verification on the legality of an Order dated February 1, 2017, issued by Mayor Madelaine Yorobe Alfelor, City of Iriga.Reference No: LO-11s2017 July 6, 2017
80 Whether Sangguniang Panlungsod is still required/mandated to conduct sessions for failing to meet prescribed minimum number of sessions because of instances wherein scheduled regular sessions are cancelled due to holidays or valid reasons, and whether or not the Sangguniang Panlalawigan can validly legislate declaration of its recess starting on the third week December until the first week of January of the incoming year in obeservance of the yuletide season.Reference No: LO-10s2017 July 6, 2017
81 Request for the Office of Secretary Ismael D. Sueno for an authority to practice profession as a General SurgeonReference No: No:LO-09s201 July 6, 2017
82 Request for a legal opinion on the validity of Ordinance No. 12-01, Series of 2016 of Barangay Ayala Alabang, Muntinlupa CityReference No: LO-007s2017 June 16, 2017
83 Request for ruling concerning the charging of Hauling Fees by the Local Government of Taysan, BatangasReference No: LO-006s2017 June 16, 2017
84 Request for clarifications regarding assumption of Hon. Edgardo Leray as President of the Liga ng mga barangay, Maco Chapter, and accordingly, as ex-officio member of the sangguniang bayan of the same MunicipalityReference No: LO-005s2017 June 16, 2017
85 Request for a legal opinion the legality of granting honoraria to sanggunian member who are chairmen of different committees and are attending committee hearings and meetings citing the alleged present practice of the members of the house of RepresentativesReference No: LO-008s2017 June 16, 2017
86 Queries regarding age requirement for Governor, Vice Governor, Mayor, Vice-Mayor, and whether substanial difference is applied on the basis of discremination or imposition of age requirementsReference No: LO-004s2017 June 15, 2017
87 Whether or not a CANDIDATE who ran and lost in last 2016 election may be appointed to a permanent vacancy in the Sangguniang Bayan or in the Sangguniang Panlungsod of non independent component cities in accordance with Section 45 (b), chapter 2, Title two of the Local Government Code of 1991 (RA7160)Reference No: LO-003s2017 June 15, 2017
88 Request for authority to practice profession as a lawyer in accordance with the limitations set in the DILG Circular NO.2016-14 and other pertinent rules and regulations under CIVIL Service Law and R.A 6713Reference No: LO-002s2017 June 15, 2017
89 Concern over seemingly conflicting provisions of Cebu City Ordinance No. 2990 and DILG-DOH-DOF-DTI Joint memorandum circular No.1Reference No: LO-001s2017 June 15, 2017
90 Requesting for the enforcement of Department of Environment abd Natural Resources (DENR)'s Survey Result relative to boundary lines separating the Municipal of Cordova, Province of Cebu, from the City of LapuLapu.Reference No: LO-026s2016 June 14, 2017
91 Whether or not the majority of the members of the City Council have the power to decide how to disburse the MOOE budget job orders, thereby setting aside the authority of the Vice Mayor to appoint officials and employees of the sangguniangReference No: LO-025s2016 June 14, 2017
92 For clarification, can the IRP provide for a period within which the Vice-Governor/Presiding Officer has to sign the measures needing his/her signature, if he/she doesn't sign within said period, the SP member next in rank legally sign the same?Reference No: LO-027s2016 June 14, 2017
93 Request for reconsideration of DILG Opinion No. 26 dated 20 December 2016 regarding the jurisdiction of the Department to enforce DENR Boundary Findings on the Basis of Section 118 (d) of R.A 7160Reference No: LO-26A-s2016 June 14, 2017
94 Recommending the recognition of the appointment of Dra. Myrna Zapanta as member of the Sangguniang Bayan of San Jose, Occidental Mindoro.Reference No: LO-024s2016 June 14, 2017
95 Is the Municipal Liga Vice President being endorsed and certified by the National Liga qualified to assume the position of the suspended Municipal Liga President in the Sangguniang Bayan despite being a losing candidate in the last national and local elections as stated in Section 94 of the Local Government Code 0f 1991?Reference No: LO-023s2016 June 13, 2017
96 What are the legal effects if any on the salaries and emoluments of the staff under the Committee Chairmanships and officers as to their effectivity and commencement?Reference No: LO-021s2016 June 13, 2017
97 Whether the RPOC Chairperson can still act as such in a hold-over capacity pending appoinment by the DILG Secretary of a new RPOC Chairperson.Reference No: LO-022s2016 June 13, 2017
98 Formal declaration on the validity of Barangay Resolution No. 33, s. 2012 adopted by the Sangguniang Barangay of Barangay 194, Zone 20 on 05 August 2012 and Barangay Resolution No. 33A, s. 2012 adopted by the Sangguniang Barangay of Barangay 194, Zone 20 on 16 August 2012. Reference No: LO-020s2016 September 6, 2016
99 Different levels of local government units (LGUs) may pass ordinances for the selection of sectoral representatives whose salary and emoluments shall be included in their own appropriation. Reference No: LO-018s2016 September 6, 2016
100 Opinion regarding the propriety and legality of the intended mixed government private offices and commercial uses of the two (2) parcels of land designated as the Butuan City Uptown Government Complex, subject of Presidential Proclamation No. 1059, dated 16 June 2015 under the Local government's Public-Private Partnership Code . Reference No: LO-017s2016 September 6, 2016