Legal Opinions Archive


101 Requesting legal opinion on the legality of the status of a Barangay Kagawad who was appointed as a Fish Warden for a Marine Protected Area is the same barangayReference No: LO-014s2017 August 25, 2017
102 Requesting for legal opinion regarding PB Robert Valmores position, him being in cuncurrently in jail while the case against him is still pending?Reference No: LO-013s2017 August 25, 2017
103 Requesting intervention in putting into effect DILG Opinion Nos. 50, s. 2015 and 14 s, 2016Reference No: LO-012s2017 August 25, 2017
104 Request for verification on the legality of an Order dated February 1, 2017, issued by Mayor Madelaine Yorobe Alfelor, City of Iriga.Reference No: LO-11s2017 July 6, 2017
105 Whether Sangguniang Panlungsod is still required/mandated to conduct sessions for failing to meet prescribed minimum number of sessions because of instances wherein scheduled regular sessions are cancelled due to holidays or valid reasons, and whether or not the Sangguniang Panlalawigan can validly legislate declaration of its recess starting on the third week December until the first week of January of the incoming year in obeservance of the yuletide season.Reference No: LO-10s2017 July 6, 2017
106 Request for the Office of Secretary Ismael D. Sueno for an authority to practice profession as a General SurgeonReference No: No:LO-09s201 July 6, 2017
107 Request for a legal opinion on the validity of Ordinance No. 12-01, Series of 2016 of Barangay Ayala Alabang, Muntinlupa CityReference No: LO-007s2017 June 16, 2017
108 Request for ruling concerning the charging of Hauling Fees by the Local Government of Taysan, BatangasReference No: LO-006s2017 June 16, 2017
109 Request for clarifications regarding assumption of Hon. Edgardo Leray as President of the Liga ng mga barangay, Maco Chapter, and accordingly, as ex-officio member of the sangguniang bayan of the same MunicipalityReference No: LO-005s2017 June 16, 2017
110 Request for a legal opinion the legality of granting honoraria to sanggunian member who are chairmen of different committees and are attending committee hearings and meetings citing the alleged present practice of the members of the house of RepresentativesReference No: LO-008s2017 June 16, 2017
111 Queries regarding age requirement for Governor, Vice Governor, Mayor, Vice-Mayor, and whether substanial difference is applied on the basis of discremination or imposition of age requirementsReference No: LO-004s2017 June 15, 2017
112 Whether or not a CANDIDATE who ran and lost in last 2016 election may be appointed to a permanent vacancy in the Sangguniang Bayan or in the Sangguniang Panlungsod of non independent component cities in accordance with Section 45 (b), chapter 2, Title two of the Local Government Code of 1991 (RA7160)Reference No: LO-003s2017 June 15, 2017
113 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
114 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
115 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
116 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
117 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
118 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
119 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
120 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
121 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
122 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
123 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
124 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
125 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
126 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
127 Utilization of the 20% local development fund for the purchase of ambulance.Reference No: LO-015s2016 September 6, 2016
128 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
129 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
130 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
131 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
132 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
133 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
134 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
135 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
136 Queries concerning the implementation of COA-DBM-DILG-GCG-DND Joint Circular No. 2015, dated 08 January 2015Reference No: LO-008s2016 September 5, 2016
137 Clarification / Legal Opinion concerning the filling-up vacant position under a re-enacted budget.Reference No: LO-007s2016 September 5, 2016
138 Inquiries whether the authomatic withdrawal of intelligence funds are allowed sans any appropriation ordinanceReference No: LO-006s2016 September 5, 2016
139 Opinion on notarization part of the duties and function of the provincial or city legal officerReference No: LO-005s2016 September 5, 2016
140 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
141 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
142 Opinion on matters concerning the powers and functions of an Acting Vice Governor.Reference No: LO-001s2016 September 5, 2016
143 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
144 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
145 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
146 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
147 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
148 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
149 Whether barangays are authorized to create or establish vocational and technical schools.Reference No: LO-043s2015 September 5, 2016
150 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