Legal Opinions Archive



101 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
102 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
103 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
104 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
105 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
106 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
107 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
108 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
109 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
110 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
111 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
112 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
113 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
114 Inquiring from this Department why a fire truck cannot be considered a calamity related equipment pursuant to Item 3.1.7 of DILG-DBM Joint Memorandum Circular No. 2011-01, dated 13 APRIL 2011. Reference No: LO-016s2016 September 6, 2016
115 Utilization of the 20% local development fund for the purchase of ambulance.Reference No: LO-015s2016 September 6, 2016
116 Mayor's power to appoint elective barangay officials arises only in case of permanent vacancy in the sangguniang barangay as expressly provided under Section 45 (a)(3) of the LGC.Reference No: LO-014s2016 September 6, 2016
117 Clarification on whether or not DBM Local Budget Circular No. 103 dated 13 May 2013 covers members of the sanggunian.Reference No: LO-013s2016 September 6, 2016
118 Issues concerning the claims for refund of deductions on the terminal leave credits of former Sangguniang bayan (SB) membersReference No: LO-012s2016 September 6, 2016
119 Resolution of the Sangguniang Panlungsod of the City of Escalante entitled "A Resolution to concur the appointment as City Administrator.Reference No: LO-011s2016 September 6, 2016
120 Filling up of vacancies allowed during the period of a re-enacted budget under a MAyor who is exercising his/her position in an acting capacity.Reference No: LO-010s2016 September 6, 2016
121 Clarification as regards the propriety and validity of appointment as a Member of the Sangguniang Panlungsod of Silay City, Negros Occidental which was vacated by the untimely demise of elected Sangguniang Panlunsod MemberReference No: LO-009s2016 September 6, 2016
122 Posting this query Will the Mayor, upon the expiration/lifting of the preventive suspension and upon Reassumption received the full salary or compensation including emoluments. Reference No: Lo-019s2016 September 6, 2016
123 The power of the regular Presiding Officer to Adjourn or suspend sanggunian session under Republic Act. No. 7160 or the Local Government Code of 1991, and its Implementing Rules and Regulations, the Internal Rules of Procedures (IRP) of the concerned Sanggunian. Reference No: LO-021s2016 September 6, 2016
124 Queries concerning the implementation of COA-DBM-DILG-GCG-DND Joint Circular No. 2015, dated 08 January 2015Reference No: LO-008s2016 September 5, 2016
125 Clarification / Legal Opinion concerning the filling-up vacant position under a re-enacted budget.Reference No: LO-007s2016 September 5, 2016
126 Inquiries whether the authomatic withdrawal of intelligence funds are allowed sans any appropriation ordinanceReference No: LO-006s2016 September 5, 2016
127 Opinion on notarization part of the duties and function of the provincial or city legal officerReference No: LO-005s2016 September 5, 2016
128 Relative to the reinstatement as Provincial Health Officer II in the Province of Camarines Norte and the payment of salaries and benefits.Reference No: LO-004s2016 September 5, 2016
129 Confirmation of being Acting Mayor of Mataas na kahoy, Batangas in the meantime that the elected mayor is considered a "fugitive from justice"Reference No: LO-003s2016 September 5, 2016
130 Opinion on matters concerning the powers and functions of an Acting Vice Governor.Reference No: LO-001s2016 September 5, 2016
131 The City Mayor of San Pablo Laguna, requesting Empowered to appoint the barangay officials of the of the seven (7) newly created barangays in temporary capability until the next barangay elections.Reference No: LO-050s2015 September 5, 2016
132 Concerning on Local School Board's approval of the request for payment of registration fees, transportation and purchase of official vest uniform for the four (4) Tteachers and four (4) students representing the City Naga of Schools DivisionReference No: LO-047s2015 September 5, 2016
133 This relative to Bulan Municipality Ordinance No. 012 series of 2015, entitled "An Ordinance revising Municipal Ordinance No. 004, series of 2015 Authorizing the proposed borrowing of the Municipality of Bulan, province of Sorsogon.Reference No: LO-046s2015 September 5, 2016
134 Section 5 (a) of Republic Act (RA) No. 6713 or the Code of conduct and Ethical Standards for Public Officials and Emplyees.Reference No: LO-045s2015 September 5, 2016
135 Whether or not the Municipal Mayor is absolutely devoid of any authority to designated the Secretary to the Sangguniang as member of the Bids and Awards Committee (BAC) under the provision of R.A No. 9184 or the Government Procurement Reform mAct its Govenrment Procurement Policy Board (GPPB) relevant issuancesReference No: LO-041s2015 September 5, 2016
136 Clarification as to the parameters in the filling up of the vacant position from the recent suspension from Office of the Governor of Camarines Norte for one (1) year.Reference No: LO-044s2015 September 5, 2016
137 Whether barangays are authorized to create or establish vocational and technical schools.Reference No: LO-043s2015 September 5, 2016
138 Opinion concerning the release and utilization of the unexpended balances of the 5% Local Disaster Risk Reduction and Management Fund (LDRRMF) under a special trust account to pursuant to Items 6.4 and 6.5 of the NDRRMC-DBM-DILG JMC No. 2013 dtd March 2013.Reference No: LO-042s2015 September 5, 2016
139 Rightful applicant for a Fedelity Bond with the Bureau of Treasury (BTr).Reference No: LO-048s2015 September 5, 2016
140 Guidance / Opinion on how to protect the interest of a government project from a private investment project duly covered by a Memorandum of Agreement with the MunicipalityReference No: LO-049s2015 September 5, 2016
141 Clarification on the manner of succession in case of permanent vacancy in the Office of the President of Liga.Reference No: LO-002s2016 September 5, 2016
142 Its about Sectoral and Indigenous Peoples (IP) Representative in the Sanggunian.Reference No: LO-01s. 2015 January 6, 2016
143 Request for guidance and / or Legal Opinion regarding the propriety of Executive Order No. 15-01-001 issued by City Mayor of Tacloban.Reference No: LO-02s. 2015 January 6, 2016
144 Seeking Legal Opinion regarding the requirements before disbursement and withdrawal of Internal Revenue Allotment (IRA) from depository bank by Acting Mayor and newly designated OIC-Municipal Treasurer of Ditsaan-Ramain, Lanao Del Sur.Reference No: LO-03s.2015 January 6, 2016
145 Request for DILG Legal Opinion and guidance on the Legal Process that should be observed and followed due to the recent preventive detention of elected Governor of Masbate at the National Police Criminal Investigation and Detection Group (PNP-CIDG).Reference No: LO-04s. 2015 January 6, 2016
146 Request for DILG Legal Opinion in connection with the Sangguniang Panlungsod Passed City Resolution No. 2011-2014 Changing the Date and Time of the BodyReference No: LO-05s. 2015 January 6, 2016
147 Requesting DILG relative to the grant of Productivity Enhancement Incentive (PEI) to qualified LGU personnel in the amount of Fifty Thousand )PH50,000.00) each as approved by the SP for purposes of authorizing the Augmentation of the existing appropriation for other benefits for various offices of the City.Reference No: LO-06s. 2015 January 6, 2016
148 This refers to the memorandum of DILG Region VII referring to the Central office which questions the propriety and legality of the procedures observanced by the Sangguniang Bayan (SB) in the deliberation and disapproval of 2014 Annual Budget.Reference No: LO-08s. 2015 January 6, 2016
149 Legal Opinion rendered by DILG-Region VIII regarding the legality of paying back Salaries to Sangguniang Bayan Member, Pambujan Samar.Reference No: LO-09s. 2015 January 6, 2016
150 Request for DILG Legal Opinion regarding Barangay Resolution No. 024-s2014 enacted by the Sangguniang Barangay of Barangay Lourdes, Quezon City for the purposes of urging the City Council of Quezon City to authorize the said Barangay to regulate the use of Speaker Perez Street between Simoun and Calamba Street by closing a section of said street to vehicular traffic every morning (from 6:00am-7:00 am, except Sunday to cater to the physical fitness activities of a fitness club).Reference No: LO-10s. 2015 January 6, 2016