Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

351 Whether or not an OIC of BPLO is authorized to cause the revocation of a business permit issued by the MayorReference No: LO-033S2011 November 5, 2012
352 Barangay Tanods cannot be armed during their tour of dutyReference No: LO-031S2011 November 5, 2012
353 Whether or not there is a need for a PB to seek prior written permission from the SILG before he/ she can practice her profession or engage in any other professionReference No: LO-029S2011 November 5, 2012
354 Whether a person who ran for the position as a member of a local sanggunian but lost may substitute and be appointed as a member of the said local sanggunian following a vacancy therein after the one (1) year ban.Reference No: LO-027S2011 November 5, 2012
355 Whether the Sanggunian Barangay has the authority to declare the barangay under a state of calamity under RA 10121 for purposes of utilizing the 30% of the 5% LDRRMF allocated as Quick Response Fund (QRF)Reference No: LO-088S2011 October 1, 2012
356 Mc No. 01S2006 of the Office of the Ombudsman states that the filing of a motion for reconsideration or petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the Ombudsman Decision, Orders or Resolutions, unless a Temporary Restraining or Writ of Injunction is duly issued by the court of competent jurisdictionReference No: LO-095S2011 October 1, 2012
357 Whether DILG-DBM MC No. 2011-1 applies to barangays created by the city or provincial governmentReference No: LO-092S2011 October 1, 2012
358 Permanent and temporary vacancies may be further classified in two, vacancy due to illness/physical disability and vacancy due to legal causesReference No: LO-089S2011 October 1, 2012
359 The creation of office of the provincial government is not within the powers and functions of the Provincial Governor since said power is, under the law, is within the powers and functions of the Sangguniang PanlalawiganReference No: LO-087S2011 October 1, 2012
360 The legal implication of of a reappointment of the present two districts of Antipolo City in the membership to the City Council and Provincial Board if and when law is passed creating a 3rd legislative thereinReference No: LO-079S2011 October 1, 2012
361 A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or dispositionReference No: LO-072S2011 September 25, 2012
362 HB 4820, the charter of Nueva Camarines, shall specifically govern its creation and other matters necessary for its existence as a political body corporateReference No: LO-060S2011 September 25, 2012
363 The mode of service in the implementation of the decision shall be governed by the Ombudsman Act and the Ombudsman Rules of Procedure. Considering that the Ombudsman Act and the Ombudsman Rules of Procedure are silent in the matter, the provisions of the Rules of Court shall therefore apply suppletorilyReference No: LO-057S2011 September 25, 2012
364 Whether it is within the authority of the SB to establish and / or authorize the implementation of an Arabic Education Program (AEP) to create positions under the organizational structure of the AEPReference No: LO-044S2011 September 25, 2012
365 Further clarification on the prior opening rendered by this Department in the collection of Barangy. Clearance fees by several barangays in the conduct of CARD MRI’s meetings and seminars thereatReference No: LO-043S2011 September 25, 2012
366 The proper application of Section 45 of the LGC refusing to the manner of filling up permanent vacancy in the SP of Antipolo CityReference No: LO-042S2011 September 18, 2012
367 Whether the "deprivation" of traveling allowance and one job order employee for the current year by Mayor Nacario of Calbiga, Samar are within the limits and bounds of lawReference No: LO-040S2011 September 18, 2012
368 Whether it is lawful for the son of a deceased SB member to "take over" the said positionReference No: LO-039S2011 September 18, 2012
369 Whose mandate should prevail relative to the use of the 20% component of the Annual Internal Revenue Allotment ShareReference No: LO-038S2011 September 17, 2012
370 Holding of a chairmanship in the outstanding committees by ex. Officio members in the Sangguniang PanlalawiganReference No: LO-034S2011 September 17, 2012
371 Whether or not the 20% Development Fund is among those considered as re-enacted in a re-enacted budgetReference No: LO-030S2011 September 6, 2012
372 Whether the Lady Local Legislators League of the Philippines (Four L Phils) is considered a government institutionReference No: LO-028S2011 September 5, 2012
373 The well-settled rule that the determination of the conditions upon which preventive suspension may be imposed under the law is vested exclusively with the Sanggunian concerned.Reference No: LO-023S2011 September 5, 2012
374 The purchase of appropriate engineering equipment such as dump trucks, graders and pay loaders are expressly authorized under par.3.2.2 of DILG-DBM JMC No. 2011-1Reference No: LO-021S2011 September 5, 2012
375 The ICC/IP representative to the Local Sanggunian shall be elected in accordance with the Local Guideline duly adopted and promulgated by the ICCs/IPs themselvesReference No: LO-020S2011 September 4, 2012
376 The prescription period of 90 days for the review of appropriation ordinance by the Sangguniang PanlalawiganReference No: LO-019S2011 September 4, 2012
377 The strict implementation of R.A No. 8371 (IPRA)Reference No: LO-026S2011 August 16, 2012
378 Whether the mandatory representation of Indigenous cultural communities / Indigenous people in local legislative bodies includes representation in the Sangguniang Barangays.Reference No: LO-025S2011 August 16, 2012
379 Certain principles involving the power of the local sanggunians to enact ordinancesReference No: LO-011S2011 October 7, 2011
380 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
381 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
382 Issue of compensation in relation to the honoraria received for attending the BOR-WSMU meetingsReference No: LO-013S2011 July 22, 2011
383 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
384 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
385 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
386 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
387 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
388 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
389 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
390 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
391 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
392 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
393 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
394 The very nature of the work of elective officials are considered on call anytime of the day.Reference No: LO-024S2010 March 23, 2011
395 Proclaiming additional winning candidates to SB due to upgraded status from 3rd class to 1st classReference No: LO-056S2010 March 18, 2011
396 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
397 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
398 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
399 Only by order of the proper canbe removed from office.Reference No: LO-033S2010 March 18, 2011
400 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