Legal Opinions Archive



151 Queries concerning the implementation of COA-DBM-DILG-GCG-DND Joint Circular No. 2015, dated 08 January 2015Reference No: LO-008s2016 September 5, 2016
152 Clarification / Legal Opinion concerning the filling-up vacant position under a re-enacted budget.Reference No: LO-007s2016 September 5, 2016
153 Inquiries whether the authomatic withdrawal of intelligence funds are allowed sans any appropriation ordinanceReference No: LO-006s2016 September 5, 2016
154 Opinion on notarization part of the duties and function of the provincial or city legal officerReference No: LO-005s2016 September 5, 2016
155 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
156 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
157 Opinion on matters concerning the powers and functions of an Acting Vice Governor.Reference No: LO-001s2016 September 5, 2016
158 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
159 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
160 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
161 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
162 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
163 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
164 Whether barangays are authorized to create or establish vocational and technical schools.Reference No: LO-043s2015 September 5, 2016
165 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
166 Rightful applicant for a Fedelity Bond with the Bureau of Treasury (BTr).Reference No: LO-048s2015 September 5, 2016
167 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
168 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
169 Its about Sectoral and Indigenous Peoples (IP) Representative in the Sanggunian.Reference No: LO-01s. 2015 January 6, 2016
170 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
171 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
172 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
173 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
174 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
175 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
176 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
177 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
178 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
179 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
180 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
181 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
182 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
183 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
184 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
185 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
186 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
187 Requesting for DILG Opinion relative to the BarangayReference No: LO-020s.2015 January 6, 2016
188 Request Legal Opinion on What is the required number of votes to pass a resolution authorizing the municipal mayor to negotiate and enter into contract with the Development Bank of the Philippines to obtain loan?; can consider the resolution adopted by the Sanggunian valid? If is not valid are the Sangguniang Bayan Secretary and Municipal Vice required to furnished (sic) the municipal mayor copy of such resolution?Reference No: LO-021s.2015 January 6, 2016
189 Requesting DILG Legal Opinion on the follwing queries whether the LCE can enter into contracts without authority from the Sangguniang Bayan; and What is the effect of contracts entered by the mayors without authority if is found by COA to be defective.Reference No: LO-022s.2015 January 6, 2016
190 Requesting DILG Legal Opinion on the queries: Is Section 25 of R.A 5412 not in conflict with R.A 9184 and R.A 7160? If so, what would prevail; Does current procedure not violate the law such as Republic Act. No. 9485 (Anti Red Tape Act of 1997) in expenditing trasactions in government?Reference No: LO-023s2015 January 6, 2016
191 Requesting DILG Legal Opinion on who shall sign and approve the duly adopted/enacted resolutions/ordinances during a regular session of the Sangguniang PAnlalawigan as well their corresponding transmittal to the Governor..Reference No: LO-024s.2015 January 6, 2016
192 Requesting the DILG Legal Opion concerning the barangay insurance coverage of barangay official under Section 393 (b) (2) of the Local Government Code (LGC).Reference No: LO-025s.2015 January 6, 2016
193 Request for guidance concerning the disbursement of funds prior to the lapse of the 90-days period for automatic budget reenactment under Section 323 of the Local Government Code.Reference No: LO_026s.2015 January 6, 2016
194 Request for DILG Legal Opinion on appointment of Elective and appointment Local Officials; candidate who lost in an Election.Reference No: LO-027s.2015 January 6, 2016
195 Governing Policy on Disbursement of Confidential Funds )CF) and Special Disbursing Officer (SDO) under the Memorandum Circulars.Reference No: LO-028s.2015 January 6, 2016
196 Endorsed to DILG by BSP-Central Point of Contract which request the intervention of the BSP, by way of review and / or examination of the Property of the Loan Transaction of the Municipal Government of Mabini, Compostella Valley for the purpose of funding the purchase of heavy equipment and other rescue and response vehicles of the Municipality.Reference No: LO-029s.2015 January 6, 2016
197 Requesting DILG Legal Opinion on whether or not the witholding by the chief executive of the salaries (sic) personnel despite the existence of re-enacted budget is valid; Whether or not the witholding by the local chief executive of other compensation such as allowance and RATA of the personnel under enected budget is valid; and salaries and allowance of the personnel (under re-enacted budget),pending the approval or authorization of their transfer or the reclassification of their position is vReference No: LO-030s,2015 January 6, 2016
198 Requesting DILG Central Office clarification May the activities such as conduct of feasibilities studeis, project development studies and other pre-implementation activities in connection with development projects listed in DILG-DBM Joint Memurandum Circular No. 20111-1 be funded by the 20% Local Development Fund.Reference No: LO-031s.2015 January 6, 2016
199 RequestingClarification on the entitlement of barangay officials and employees to the Performance Enchancement Incentive (PEI), which was referred to the Central Office for appropriate action.Reference No: LO-032s.2015 January 6, 2016
200 Requesting the Central OfficeReference No: LO-033s.2015 January 6, 2016