Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

201 Seeking a legal opinion on the propriety and validity of certain appropriations for the office of the Vice Mayor and the Sangguniang Panglungsod Reference No: LO-034S2013 August 29, 2014
202 Opinion on whether or not the necessity of upgrading / raising of roads and drainage system by a local government units falls within the purview of 5.0, 5.1.7 or 5.1.8 of the Joint Memorandum Circular no. 2013-1 (JMC No. 2013-1) issued on 25 march 2013 by the National Disaster Risk Reduction and Management Council (NDRRMC), DBM and DILGReference No: LO-033S2013 August 29, 2014
203 Requesting Clarification re. Can LGU in Boracay really prohibit the use of the ocean, and what is the punishment for a Mayor who does not follow the law, rules and regulationsReference No: LO-032S2013 August 29, 2014
204 Opinion on the powers of the Local Chief Executive (LCE), to order for a deferment of an order from a quasi-judicial body citing possible disruption of the peace and order therein as well as the general welfare of constituents who may be in the crossfire in case of violence occurs in the implementation of the orderReference No: LO-031S2013 August 29, 2014
205 Opinion on who has the rights (priority)in utilizing the water Resource for public use, it appears that there's a gap between the National Water Resources Board (NWRB) and DILG.Is the NWRB has do power to issue a cease and deceased (sic) order to stop this private corporationReference No: LO-029S2013 August 29, 2014
206 Opinion concerning the applicability of Section 62 (c) of Republic Act no. 7160,otherwise known as the Local Government Code of 1991Reference No: LO-027S2013 August 29, 2014
207 The prohibition in Section 90 of Republic Act no. 7160 (Local Government Code of 1991) and Section 7 of Republic Act no. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)Reference No: LO-026S2013 August 29, 2014
208 Opinion on whether Atty. Ayla V Alim,City Councilor of Mandaluyong City may be entitled to her salaries, wages, benefits and other emoluments due and owing to her as a City Councilor during the period of Sabbatical leave for studies abroad.Reference No: LO-025S2013 August 29, 2014
209 Does the retroactive effect of Appropriation Ordinance enable Local Government to enter into Contracts prior to the approval of their BudgetReference No: LO-024S2013 August 29, 2014
210 Opinion regarding the Resolution no. 119 and 120 of the Sangguniang Panlalawigan of Rizal which declared City Resolution no. 2013-013 (Annual Investment Plan) and City Appropriation Ordinance no. 2013-001 (Annual Budget) is invalid and inoperative on the sole ground that only eight (8) member of the Sangguniang Panglungsod of Antipolo CityReference No: LO-023S2013 August 29, 2014
211 Opinion on whether or not the Local Government Unit (LGU) has the authority to impose taxes upon the business enterprises operating within PHIVIDEC Industrial Estate-Misamis Oriental Special Economic Zone (PIEMO-SEZ); as between the LGU and PIEMO-SEZ; who has the better right to issue business permits to business enterprise operating within PIEMO-SEZReference No: LO-022S2013 August 29, 2014
212 Seeking Clarification on the extent of the powers of a MayorReference No: LO-021S2013 August 29, 2014
213 Explanation on Section 46 (a) of the Local Government Code of 1991Reference No: LO-020S2013 August 29, 2014
214 DILG rendered Legal Opinion No. 12,S2013 dated 18 April 2013 in reply to the query relative to the request of SP Member of Masbate,for the Regional Office of the Department of Budget and Management,in the aforesaid opinion,clarified that the Department's duty of rendering legal opinions have its limitations.Reference No: LO-019S2013 August 29, 2014
215 Seeking DILG Opinion and on Guidance on the official status of Punong Barangay Job Gecobe Lapitan of Bangar, Solano, Nueva VizcayaReference No: LO-028S2013 August 29, 2014
216 DILG opinion no. 17,S2005 that divestment as referred to in Section 9 of Republic Act no. 6713 or the Code of Conduct and Ethical Standards for public officials and employees is proper only in case a conflict of interest existsReference No: LO-030S2013 August 29, 2014
217 The legality of the assumption of Vice-Mayor Belen Fernandez as Acting Mayor of Dagupan CityReference No: LO-018S2013 August 28, 2014
218 Query on the legality or validity of such replacement of the Chairman of the Committee on Finance, Budget and ways of means, and what is the scope of the phrase "no other business" in Section 323 of the "Local Government Code of 1991"?Reference No: LO-017S2013 August 28, 2014
219 Requesting the DILG opinion on whether the former staff of deceased Vice Governor Sanchez may claim their overtime pay witheld based on the Office of the President's decision in O.P. Case no. 10-K-504Reference No: LO-016S2013 August 28, 2014
220 Clarification on Section 323 of the Local Government Code of 1991.Reference No: LO-015S2013 August 28, 2014
221 whether it is correct to recognize Vice Mayor Christopher B Maguad as the Acting Mayor of the municipality of Valderama, Antique during Mayor Mary Joyce R Roquero's suspension on the basis of presumption of regularity of the performance of official functions of the concerned Local Government Unit and its official and considering further that the issues involved are pending resolution before the COMELEC and other tribunalsReference No: LO-014S2013 August 28, 2014
222 Requesting advice on whether the decision dated 13 March 2013 rendered by the Office of the President dismissing the appeal of Punong Barangay of San Luis, Antipolo City in OP DC Case no. 13-A-004 is sufficient for to them to recognize Mr. Crisol L Cate as Acting Punong Barangay of San Luis, Antipolo CityReference No: LO-013S2013 August 28, 2014
223 Requesting the DILG opinion on the Controversy involving the approval of the CY 2013 Provincial Annual Budget and Annual Investment Plan by the Sangguniang Panlalawigan (SP) of Masbate.Reference No: LO-012S2013 August 28, 2014
224 Request the DILG opinion as to the effectivity and status of DILG Memorandum Circular no. 2011-151 (MC 2011-151)Reference No: LO-011S2013 August 28, 2014
225 Seeking DILG opinion regarding the effect of the implementation of the Writ of Execution dated 17 January 2013 issued by the COMELEC En Banc in SPA No. 09-076 (DC)Reference No: LO-010S2013 August 28, 2014
226 Query from the DILG about the legal process for payment of compensation and other emoluments of Indigenous Peoples Mandatory Representatives (IPMRs) to the Sangguniang Panlalawigan and other local Sanggunian in the Province of Sarangani.Reference No: LO-007S2013 August 28, 2014
227 Clarification on the DILG opinion no. 2B,S2013 relative to the two issuesReference No: LO-005S2013 August 28, 2014
228 Queries "whether there is a need for Appropriation Ordinance,when SB Resolution on October 21,2010 already authorized the LCE to appropriate the loan proceeds to the purpose in Construction of Level III water system,and how will abstention vote be considered?as a negative vote or affirmative voteReference No: LO-004S2013 August 28, 2014
229 whether or not it became a ministerial duty on the part of Sangguniang Bayan to pass appropriation Ordinance no. 10,S2012 by virtue of the commitment undertaken by the municipality in Resolution no. 27,S2012 which is to appropriate the total project cost composed of loan proceeds,equity and grant;and whether or not the abstention of the lone Sangguniang Bayan member should be interpreted to be acquiesence on the subject appropriation ordinance no. 10,S2012Reference No: LO-006S2013 August 28, 2014
230 Opinion on taking into consideration that the first suspension will end on 20 September 2013 months after election,how will this level treat the subsequent order imposing another period, will the subsequent order imposing another penalty be followed even if will be served beyond the duration of the first suspension order?that suspended Mayor is seeking re-election this forth coming elections, will Aguinaldo Doctrine apply.Reference No: LO-009AS2013 August 28, 2014
231 Opinion regarding 2013 Annual budget which was disapproved in its entirety by Sanggunian a vote of 9-5 without stating the reasons or grounds for their disapprovalReference No: LO-003S2013 August 22, 2014
232 Queries whether a quorum exist (sic)in the presence of only nine (9)members out of eighteen (18)members of the Sangguniang Panglungsod of Antipolo in Admin. Case No. 2012-004 is valid and have no force and effect;and whether the said decision may be implemented even before the lapse of fifteen (15) days periodReference No: LO-002S2013 August 22, 2014
233 Whether or not the Regional Director has the Authority to cause implementation of the Resolution of a Sangguniang Bayan suspending a Punong Barangay with any request from the Local Legislative bodyReference No: LO-001S2013 August 22, 2014
234 Vice Mayor of Antipolo City protested against Punong Barangay of San Luis, Antipolo City alleged attempt to seek an opinion from DILG as a case of forum shopping since he already sought judicial relief in Special Civil Action No. 12-1232Reference No: LO-002AS2013 August 22, 2014
235 Validity of the decision of the Sangguniang Panglungsod of Antipolo City in Admin. Case No. 2012-004,imposing upon him the penalty of suspension from six (6) months for violation of Section 60 (b)(c)(e) of Republic Act No. 7160Reference No: LO-002BS2013 August 22, 2014
236 Request for Assistance and Intervention with the Bangko Sentral ng Pilipinas (BSP)Reference No: LO-62S2012 August 14, 2014
237 Seek the DILG Central Office guidance on the manner of filling the temporary vacancies caused by the suspension of the Sangguniang Barangay officialsReference No: LO-60S2012 August 14, 2014
238 12 December 2011 Resolution No. 181-2011 which request for an exemption from the application of DILG MC No 2011-151Reference No: LO-059S2012 August 14, 2014
239 Comprehensive explanation of Section 152 in relation to Section 130 of Republic Act No. 7160 as amended pertaining to the exercise of the Taxing and other revenue-raising powers of Local Governments units.Reference No: LO-055S2012 August 14, 2014
240 Is there a need for authority from the DBM or DILG as the case may be if the Local Government shall utilize its unexpended LDRRMF to purchase vehicles and Do we consider the " Unexpended LDRRMF" as "unencumbered Local Funds" so that the only approval of the Local Chief executives is required in the purchase of enumerated (sic) in Section 7.0 of A.O. 233 as amendedReference No: LO-054S2012 August 14, 2014
241 Clarification on the following issues: since Barangay Canumay is located in Metro Manila, can two (2) barangays be created out of it by means of Ordinance No. 37, series of 2011.When will the corporate existence of two (2) new barangay begin?in the interim,that is the prior to the first election of the barangay officials of the two (2) new barangays,can the Mayor appoint the said officials under the Ordinance No. 37, series 2011.Reference No: LO-053S2012 August 8, 2014
242 Whether or not the LGU has the power to disregard the order (DILG Memorandum Circular No. 2010-119 ) due to allege financial budgetary constraints; power to deny the appointment of the IPs Mandatory Representative due to sectoral representations provided in RA No. 7160 and power to require more documents aside from certificate of affirmation and oath of office as prescribed in letter "E" off aforementioned Memorandum CircularReference No: LO-052S2012 August 8, 2014
243 Whether the Sangguniang Bayan of Kalibo, Aklan may grant a temporary franchise in favor of a certain cockpit, which is located within a residential subdivision project,hence prohibited under Presidential Decree No. 499, as amended by Presidential Decree 1802 as well as Kalibo Municipal Ordinance No. 20 Series of 1974Reference No: LO-051S2012 August 8, 2014
244 Whether it is legal for the Punong Barangay and the Sangguniang Barangay Members to " appoint " their close friends or allies as replacement for the two duly lected Barangay Kagawad who have previously resigned and it is legal for Barangay to operate a Material recovery Facility (MRF) close to residential areasReference No: LO-050S2012 August 8, 2014
245 Requesting this Department to investigate on the alleged mishandling of criminal case by certain Barangay and Police Officials which leds to arrest, detention and current prosecution for the crime of slight physical injuriesReference No: LO-049S2012 August 5, 2014
246 Opinion regarding item 9.2.c of the " Contract Implementation Guidelines for the Procurement of Infrastructure Projects" , Annex "E" of revised Implementing Rules and Regulations of RA 9184Reference No: LO-048S2012 August 5, 2014
247 Requesting for guidance on the issue whether or not pedicabs may be allowed to use National Highways on roads subject to certain conditionsReference No: LO-046S2012 August 5, 2014
248 Seeking advice on whether or not the personnel of the City of Iligan would also benefit from the exemption granted the development Academy of the Philippines (DAP) from the P1,200.00 Ceiling on the registration fee or charge for the participation in convention and seminars conducted by DAP,when using Government funds.Reference No: LO-045S2012 August 5, 2014
249 Sangguniang Bayan of La Paz, Agusan Del Sur disapproved the IF (Intelligence Fund) budget because it did not follow the DILG MC No 99-65 dated April 23,1999Reference No: LO-044S2012 August 5, 2014
250 Request clearance from this department for the issuance of a Memorandum for the purpose of reassigning personnel.Reference No: LO-041S2012 August 1, 2014