Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

351 Certain principles involving the power of the local sanggunians to enact ordinancesReference No: LO-011S2011 October 7, 2011
352 Whether or not the previous years budget on intelligence funds may be re-enacted despite the violation of DILG MC No.99-65Reference No: LO-016S2011 July 22, 2011
353 Whether soft infrastructure projects may be funded by the 20percent development fund of the annual Internal Revenue Allotment -IRAReference No: LO-014S2011 July 22, 2011
354 Issue of compensation in relation to the honoraria received for attending the BOR-WSMU meetingsReference No: LO-013S2011 July 22, 2011
355 Query on the use by a local government unit from the revenue of its own slaughterhouse to partly or wholly finance a waterwaste treatment facility.Reference No: LO-012S2011 July 22, 2011
356 Upon the creation of the Office of the Building Official, the City or the Municipal Engineer, automatically becomes the head thereof, without need of any further designation or appointmentReference No: LO-010S2011 May 23, 2011
357 The Sanggunian Barangay shall accredit people's organizations, non-governmental organizations or the private sector based on several criteria; the barangay secretary or on his absence any member of the Barangay Assembly designated by the Presiding OfficerReference No: LO-009S2011 May 23, 2011
358 The requirements for the conversion of the City of Cabanatuan from a Component City into a Highly Urbanized City as may be provided for in the LGC of 1991Reference No: LO-008S2011 May 23, 2011
359 The hiring of a private lawyer to represent their municipality in a pending court litigation was proper, after the Provincial Prosecutor and Provincial Legal Officer inhibited from from said proceedings due to conflict of interestReference No: LO-007S2011 May 23, 2011
360 Whether his designation as representative of Hon. Angara in the BOR-WMSU violates Sec. 7 Article IX (b) of the 1987 Constitution and Sec. 94 of RA 7160Reference No: LO-006S2011 May 23, 2011
361 Several issues pertaining to the conversion of the City of Tarlac from a component city into a highly-urbanized cityReference No: LO-005S2011 May 23, 2011
362 Whether or not a civil servant employed in government service is authorized to practice law outside his government officeReference No: LO-004S2011 May 23, 2011
363 The misrepresentation of the three (3) persons in your barangay's Development Plan by signing therein as representatives of non-governmental organizations (NGOs) and the accountability, if any, of the PB for allowing these persons affix their signatures tReference No: LO-003S2011 May 20, 2011
364 The approving authority of the plans and specifications especially the mechanical requirements (pumps) for the sprinkler system as required by the Fire Code of the PhilippinesReference No: LO-001S2011 May 20, 2011
365 Whether or not there is a need for an additional sanggunian authorization for the City Mayor to enter into contracts in the implementation of programs and projects contained in the approved annual and supplemental budgetsReference No: LO-002S2011 May 20, 2011
366 The very nature of the work of elective officials are considered on call anytime of the day.Reference No: LO-024S2010 March 23, 2011
367 Proclaiming additional winning candidates to SB due to upgraded status from 3rd class to 1st classReference No: LO-056S2010 March 18, 2011
368 The VM's travel and /or that of the SB members is chargeable to the general fund of the municipality, the approval of the mayor is discretionary.Reference No: LO-038S2010 March 18, 2011
369 The municipal mayor shall authorize official trips outside of the municipality of municipal officials and employees for a period not exceeding thirty (30) days.Reference No: LO-037S2010 March 18, 2011
370 The Vice Mayor is the head of both the offices of the VM and the SB, and has the authority to approve disbursement vouchers for expenditures appropriated for its operation.Reference No: LO-034S2010 March 18, 2011
371 Only by order of the proper canbe removed from office.Reference No: LO-033S2010 March 18, 2011
372 All levels of the Sanggunian except the SB are invested with dual functions namely: 1) as a legislative body and 2) as a quasi-judicial bodyReference No: LO-030S2010 March 18, 2011
373 Decisions and acts of the Liga National Executive Branch are beyond the Departments domain.Reference No: LO-029S2010 March 18, 2011
374 Whether or not valid for a barangay to tax.Reference No: LO-026S2010 March 18, 2011
375 Whether the SP can impose another franchise tax considering that the company is already a grantee of a legislative franchise.Reference No: LO-021S2010 March 18, 2011
376 Can the mayor appoint his son to replace the vacated position in the SB wherein the PB is also a son of the mayor.Reference No: LO-018S2010 March 18, 2011
377 Whether it includes the appointment of regular plantilla positions, casual employees and contractual or job order employees under the office of the SB and office of the VM which includes the secretary to the SB.Reference No: LO-017S2010 March 18, 2011
378 Whether or not the august body has reached the required majority of all the members of the SP as provided for in Sections 53 and 54 of the LGC and in relation to Art. 107 (g) of its IRRReference No: LO-013S2010 March 18, 2011
379 Propriety and process of reorganizing the standing committees in the Sanguniang Panglungsod.Reference No: LO-012S2010 March 18, 2011
380 Expiration of the three (3) months suspension imposed against a mayor.Reference No: LO-010S2010 March 18, 2011
381 Prohibition on the unposition of preventive suspension with in 90 days immediately prior to any election and section 261(x) of the Omnibus election code (BP881)Reference No: LO-009S2010 March 18, 2011
382 Whether or not it becomes the duty on the part of the mayor to authorize including the issuance of corresponding travel orders to SB members and its employees.Reference No: LO-008S2010 March 18, 2011
383 Whether or not an implementing order from the Office of the President is still necessary to execute its decision and subsequent resolution.Reference No: LO-007S2010 March 18, 2011
384 Illegal termination as Barangay secretary on the grounds of no subordiantion and negligence Reference No: LO-004S2010 March 18, 2011
385 Whether the PDC shall only meet once a year or twice a year.Reference No: LO-003S2010 March 18, 2011
386 The PB's act of withholding the honoraria of five Sangguniang Barangay members due to absenteesm.Reference No: LO-002S2010 March 18, 2011
387 Hiring of private Lawyer for government concernReference No: LO-75S2010 March 18, 2011
388 Whether the OIC mayor designated by the mayor who is on official travel abroad, can approve resolutions or ordinances.Reference No: Lo-118S2010 March 14, 2011
389 Whether or not as VM, is legally required to assume the office of the mayor in view of the disqualification to held office of the mayor-elect.Reference No: LO-117S2010 March 14, 2011
390 It is already sufficient that the legitimate dependant children can show proof that they are the legitimate dependant children of these barangay officials.Reference No: LO-116S2010 March 14, 2011
391 Exhaust first the administrative remedies available before bringing the matter to the department for appropriate action.Reference No: LO-114S2010 March 14, 2011
392 Whether or not the BFP can collect taxes without the LGU enacting a Fire Code Ordinance.Reference No: LO-111S2010 March 14, 2011
393 Whether or not the function of the mayor in signing travel order of the SB member is ministerial.Reference No: LO-106S2010 March 14, 2011
394 Verified complaint against every barangay elective official shall be filed before the SB.Reference No: LO-105S2010 March 14, 2011
395 The term of office of the Sangguniang Barangay has been fixed by law and its expiration cannot be subject to an agreement.Reference No: LO-103S2010 March 14, 2011
396 Any misconduct committed during the previous term cannot be used to initiate an administrative complaint during his present term.Reference No: LO-102S2010 March 14, 2011
397 If the SB is not amenable to the MDC\'s approval projects and programs, the said sanggunian should instead return it to the MDC with its comments and recommendations for the LDC\'s proper consideration.Reference No: LO-101S2010 March 14, 2011
398 Sectoral Representation of Indigenous People in the Sangguniang BayanReference No: LO-080S2010 March 3, 2011
399 Entitlement of PLEB Members to Government CompensationReference No: LO-079S2010 March 3, 2011
400 Immeditae Filling-up of all Positions in BarangayReference No: LO-078S2010 March 3, 2011