Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

251 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
252 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
253 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
254 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
255 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
256 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
257 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
258 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
259 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
260 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
261 Request clearance from this department for the issuance of a Memorandum for the purpose of reassigning personnel.Reference No: LO-041S2012 August 1, 2014
262 Query on the issue: " when does the Corporate existence of a Barangay begin? "Reference No: LO-029S2012 August 1, 2014
263 Opinion regarding the claim of former Regional Legislation Assembly Speaker Rejie Sahali-Generale to return to his office as speaker of Regional Legislative AssemblyReference No: LO-028S2012 August 1, 2014
264 Clarication on whether or not the benefits and rights under RA 9994 (Expanded Senior Citizens Act of 2010) may also be accorded to our Foreign Retiree participants who are sixty (60) years old or aboveReference No: LO-027S2012 August 1, 2014
265 Opinion on whether or not its is necessary for this Department to implement the Ombudsman decision in OMB-L-A-10-0053-EReference No: LO-026S2012 August 1, 2014
266 Clarification on MC No. 2011-68 particularly the exception to the prohibition on the operation of tricycles along the National HighwayReference No: LO-025S2012 August 1, 2014
267 Queries on what is the effect of the exercise of the powers and performance of the duties and functions of the Mayor by the Vice Mayor on account of the indefinite leave of absence of the elected Mayor due to illness,what functions of the elected Vice Mayor and what should be discharged by his successors in officeReference No: LO-023S2012 August 1, 2014
268 whether the highest ranking members of the sangguniang Panglungsod can immediately take over and perform the functions and duties of the Vice mayor as a result of the exercise of the power and performance of the duties and functions of mayor by the Vice Mayor on account of the indefinite leave of absence of the elected mayor due to illnessReference No: LO-022S2012 August 1, 2014
269 The LGU of General Santos request for clarification regarding the MC No. 2011-68 particularly the exception to the prohibition on the operation of the tricycles and pedicabs along the National HighwayReference No: LO-024S2012 August 1, 2014
270 Invalidity of some portions of the Revised Revenue Code of San Simon,Pampanga and Scope of Municipalities Taxing Power, Situs TaxReference No: LO-021S2912 July 31, 2014
271 The Sangguniang Panlalawigan of Zamboanga Del Sur thru its Resolution No. 2K11-579 declared invalid Bayog's Municipal Ordinance No. 11-92-11 for being contrary to RA 7942 or the Philippine Mining Act of 1995Reference No: LO-020S2012 July 25, 2014
272 Clarification on MC No. 2011-151, which suspends the imposition and collection of pass through fees vis-a-vis the collection of toll fees as authorized under Section 155 of LGU Code of 1991Reference No: LO-019S2012 July 25, 2014
273 Clarification on whether or not the collection of annual fixed tax is covered by MC No. 2009-76,which prohibits LGUs from charging pass through fees on vehicles especially those carrying agricultural goods and productsReference No: LO-018S2012 July 25, 2014
274 Query on whether a Sangguniang Bayan Secretary may be designated as OIC Municipal TreasurerReference No: LO-017S2012 July 25, 2014
275 Whether the Sectoral representatives (IPs/ICCs) are entitled to the Third Tranche of the modified Salary Schedule for LGU Personnel and , if in affirmative ,whether the grant thereof is mandatoryReference No: LO-015S2012 July 25, 2014
276 Query on whether the Vice Mayor can by necessary implication,issue the Allotment Release Order (ARO) in relation to Sangguniang Panglungsod FundsReference No: LO-014S2012 July 25, 2014
277 The Sangguniang Bayan of Liloan,Southern Leyte enacted Municipal Ordinance No. 29-93, as amended by Municipal Ordinance No. 35-93.Said Ordinance imposes Fees to all vehicles for the use of the Municipal Road which connects the National Highway down to the toll gate of the Ferry Terminal of LiloanReference No: LO-016S2012 July 25, 2014
278 Possible administrative offenses to be filed against Local Officials due to lack of or delay in the filing of application for leave of absence.Reference No: LO-012S2012 July 24, 2014
279 1st Endorsement of DBM Region VIII Director which refers to the Department the 25th October 2011 request for opinion of Philippine Health Insurance Corporation (PHIC) Region VIII Vice president on the propriety of charging the PhilHealth Premium Contributions of the Non-NHTS indigents enrollees to the 20% Development FundReference No: LO-010S2012 July 24, 2014
280 Seek approval for the City Government of Taguig through its Business Permits and licensing Office (BPLO) and the City Treasurer's Office, to include in its collection for the month of January 2012,the required Fire Code Fees being collected by the BFPReference No: LO-009S2012 July 24, 2014
281 Clarification on the issue referring to DILG opinion No. 29,series of 2011 dated 27 June 2011 and not June 2010 re: punong Barangay to seek permission from the Department when practicing Profession.Reference No: LO-008S2012 July 24, 2014
282 Validity of Ordinance authorizing the levy fees and taxes on transport of garbage in relation to Memorandum Circular No. 2011-151 particulary on the proposed Tax Ordinance of the Sangguniang Bayan of Bamban,TarlacReference No: LO-007S2012 July 24, 2014
283 Whether Section 3 of BP 220 subsists with the repeal of PD 1185 by the RA 9514 and Whether the specification for a 0.30 meter fire wall detailed / specified in the 2008 BP 220 IRR is valid and subsisting.Reference No: LO-006S2012 July 24, 2014
284 Query of City Local Government Operation Officer Ormoc City on the proper Implementation of the COMELEC Resolution in relation to DILG Circular No. 2010-19Reference No: LO-005S2012 July 24, 2014
285 Legality of the Act of Barangay San Jose, Bauan Batangas to require Barangay IDs and sufficiency of Barangay Ordinance No. 51Reference No: LO-013S2012 July 24, 2014
286 Clarification and request for opinion on the validity of assumption to Office as Acting Municipal MayorReference No: LO-004S2012 July 2, 2014
287 The Validity of City Ordinance No. 2012-422 on Comprehensive Land Use Plan (CLUP) and City Zoning Ordinance enacted on 06 December 2010.The subject ordinance was passed in view of the expiration of the prior CLUP/Zoning Ordinance for the period 2000-2010Reference No: LO-001S2012 July 2, 2014
288 Clarification on the issue regarding the withholding of Honoraria of Barangay Elective OfficialsReference No: LO-002S2012 July 2, 2014
289 Opinion on whether trucks carrying aggregate Sub-based Course (ASBC) is covered by DILG MC No.2011-122 and DILG MC No2011-151Reference No: LO-003S2012 July 2, 2014
290 Clarification and proper guidance as to the validity of an Ordinance passed by the Sanggunian Barangay of Buscayan, Macrohon, Leyte.Reference No: LO-024S2011 February 13, 2013
291 Whether or not the proposed ordinance by the Municipality of Bauan, Batangas imposing permit and environmental fees in the entry and transit of scrap materials is in accordance with law, specifically under Section 133(e) of the LGC.Reference No: LO-018S2011 February 12, 2013
292 Whether PBs have the authority to order the temporary closure of roads pursuant to Section 21 (c) of the LGC of 1991Reference No: LO-084S2011 November 27, 2012
293 Any question as to the validity of the ordinance authorizing the supplemental budget should already be threshed out before the proper forum by filing the appropriate pleading, the matter being adjudicatory in natureReference No: LO-081S2011 November 27, 2012
294 Beyond the length of time that elapsed, an ordinance duly passed enjoys the presumption of validityReference No: LO-080S2011 November 27, 2012
295 Opinion on why the DILG and DBM Joint Circular No. 2011-1 capability building or HRO activities for LGUs is no longer allowed to be funded out of the 20% Development FundReference No: LO-078S2011 November 27, 2012
296 Municipalities and cities are granted the power to regulate the operation of tricycles and grant franchises within their respective territorial jurisdictions subject to the guidelines prescribed by the DOTC pursuant to Sections 447 (3) (VI) and 458 (3) (VI) of the LGCReference No: LO-077S2011 November 27, 2012
297 All executive orders promulgated by the component city or municipal mayor shall be forwarded to the governor within three (3) days from their issuanceReference No: LO-076S2011 November 27, 2012
298 The power of the municipalities to establish fish portsReference No: LO-069S2011 November 26, 2012
299 Opinion in JO2 Caguisano’s entitlement to longevity payReference No: LO-068S2011 November 26, 2012
300 Clarification on the opinion previously rendered by the Dept. addressed to the Sangguniang Bayan of Altavas, Aklan re: the Presidency of the Liga ng mga Baragay in the said municipalityReference No: LO-067S2011 November 26, 2012