Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

151 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
152 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
153 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
154 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
155 Utilization of the 20% local development fund for the purchase of ambulance.Reference No: LO-015s2016 September 6, 2016
156 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
157 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
158 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
159 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
160 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
161 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
162 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
163 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
164 Queries concerning the implementation of COA-DBM-DILG-GCG-DND Joint Circular No. 2015, dated 08 January 2015Reference No: LO-008s2016 September 5, 2016
165 Clarification / Legal Opinion concerning the filling-up vacant position under a re-enacted budget.Reference No: LO-007s2016 September 5, 2016
166 Inquiries whether the authomatic withdrawal of intelligence funds are allowed sans any appropriation ordinanceReference No: LO-006s2016 September 5, 2016
167 Opinion on notarization part of the duties and function of the provincial or city legal officerReference No: LO-005s2016 September 5, 2016
168 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
169 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
170 Opinion on matters concerning the powers and functions of an Acting Vice Governor.Reference No: LO-001s2016 September 5, 2016
171 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
172 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
173 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
174 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
175 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
176 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
177 Whether barangays are authorized to create or establish vocational and technical schools.Reference No: LO-043s2015 September 5, 2016
178 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
179 Rightful applicant for a Fedelity Bond with the Bureau of Treasury (BTr).Reference No: LO-048s2015 September 5, 2016
180 Guidance / Opinion on how to protect the interest of a government project from a private investment project duly covered by a Memorandum of Agreement with the MunicipalityReference No: LO-049s2015 September 5, 2016
181 Clarification on the manner of succession in case of permanent vacancy in the Office of the President of Liga.Reference No: LO-002s2016 September 5, 2016
182 Its about Sectoral and Indigenous Peoples (IP) Representative in the Sanggunian.Reference No: LO-01s. 2015 January 6, 2016
183 Request for guidance and / or Legal Opinion regarding the propriety of Executive Order No. 15-01-001 issued by City Mayor of Tacloban.Reference No: LO-02s. 2015 January 6, 2016
184 Seeking Legal Opinion regarding the requirements before disbursement and withdrawal of Internal Revenue Allotment (IRA) from depository bank by Acting Mayor and newly designated OIC-Municipal Treasurer of Ditsaan-Ramain, Lanao Del Sur.Reference No: LO-03s.2015 January 6, 2016
185 Request for DILG Legal Opinion and guidance on the Legal Process that should be observed and followed due to the recent preventive detention of elected Governor of Masbate at the National Police Criminal Investigation and Detection Group (PNP-CIDG).Reference No: LO-04s. 2015 January 6, 2016
186 Request for DILG Legal Opinion in connection with the Sangguniang Panlungsod Passed City Resolution No. 2011-2014 Changing the Date and Time of the BodyReference No: LO-05s. 2015 January 6, 2016
187 Requesting DILG relative to the grant of Productivity Enhancement Incentive (PEI) to qualified LGU personnel in the amount of Fifty Thousand )PH50,000.00) each as approved by the SP for purposes of authorizing the Augmentation of the existing appropriation for other benefits for various offices of the City.Reference No: LO-06s. 2015 January 6, 2016
188 This refers to the memorandum of DILG Region VII referring to the Central office which questions the propriety and legality of the procedures observanced by the Sangguniang Bayan (SB) in the deliberation and disapproval of 2014 Annual Budget.Reference No: LO-08s. 2015 January 6, 2016
189 Legal Opinion rendered by DILG-Region VIII regarding the legality of paying back Salaries to Sangguniang Bayan Member, Pambujan Samar.Reference No: LO-09s. 2015 January 6, 2016
190 Request for DILG Legal Opinion regarding Barangay Resolution No. 024-s2014 enacted by the Sangguniang Barangay of Barangay Lourdes, Quezon City for the purposes of urging the City Council of Quezon City to authorize the said Barangay to regulate the use of Speaker Perez Street between Simoun and Calamba Street by closing a section of said street to vehicular traffic every morning (from 6:00am-7:00 am, except Sunday to cater to the physical fitness activities of a fitness club).Reference No: LO-10s. 2015 January 6, 2016
191 Request for DILG Opinion on whether paragraph 2.2 of DILG MC No. 2015-155 applies to purchase of heavy equipment and motor vehicles that will be used in the transportation of heavy equipment; and whetever the Circular applies to loan proceeds contracted prior to the effectivity of the same.Reference No: LO-011s.2015 January 6, 2016
192 Request for DILG Opinion whether prior authorization of the Sangguniang is necessary before the Local Chief Executive (LCE) enters into a contract pursuant to Section 37.2.2. of the Implementing Rules and Regulations (IRR) of Republic Act No. 9184 (RA 9184).Reference No: LO-012s.2015 January 6, 2016
193 Requesting Clarification whether Municipal Ordinance No. 006-2014 is presumed consistent with law and valid based on DILG Opinion No. 16, series of 2009, in relation to Article 110 (d) of the Implementing Rules and Regulations of Republic Act No. 7160 or the Local Government Code of 1991 and section 56 of the same code.Reference No: LO-013s.2015 January 6, 2016
194 Requesting DILG Confirmation as to whether still run for re-election as Vice -Mayor of Lugus, Sulu in the May 2016 Election in view of three consecutive term riule precribe under section 8, Article X of the 1987 Constitution and reiterated in Section 43(b) of Republic Act No. 7160 or the Local Government Code of 1991Reference No: LO-014s.2015 January 6, 2016
195 Request for DILG Opinion on whether the LGU implement a Local Economic Enterprise (LEE) funded by the 20% local development fund (LDF) even without an excisting ordinance and no feasibility study submitted to the Sangguniang and whether the LGU may earmark from the 20% LDF the budget for the continuation and improvement of project.Reference No: LO-015s.2015 January 6, 2016
196 Request for assistance relative to Pasig City imposition of 10% amusement tax against ticket sales for the SHREK the Musical and ROCK OF AGES the Musical notwithstanding its alleged exemption from the same pursuant to Section 140 (c) of the Local Government Code.Reference No: LO-016s.2015 January 6, 2016
197 Requesting for DILG Legal Opinion on whether you can still run for re-election as Sangguniang Bayan Member in the May 2016 Election in view of three consecutive term limit rule prescribe under Section 8, Article X of the 1987 Constitution and reiterated in Section 43(b) of Republic Act No. 7160 or the Local Government Code of 1991Reference No: LO-017s.2015 January 6, 2016
198 Whether the Civil Service Commission (CSC) is the proper agency to interpret Section 480 of Republic Act No. 7160 or the Local Government Code of 1991, whether the temporary appointment of Mr. Ronquillo (Executive Assistance IV) by the Governor is authorized under paragraph (c), Article 168 of the Implementation Rules and Regulations of the Local Code of 1991.Reference No: LO-018s.2015 January 6, 2016
199 Request for DILG Opinion on whether Municipality can possibly make use 20% Development Fund as counterpart for the 2015 Bottom-up Bugeting (BUB) project of this Department, that are to be implemented by LGU considering that Municipal is operating under a re-enacted budget.Reference No: LO-019s2015 January 6, 2016
200 Requesting for DILG Opinion relative to the BarangayReference No: LO-020s.2015 January 6, 2016