Legal Opinions Archive



251 Opinion on whether the concurrence of the Sanggunian Bayan concerned is required for the release of the Priority Development Assistance Fund (PDAF) as financial assistance to People's Organizations (POs) and non-Governmental Organizations (NGOs) beneficiariesReference No: LO-019S2014 September 4, 2014
252 Request for DILG Opinion regarding the Mayoralty Controversy in Isulan, Sultan KudaratReference No: LO-018S2014 September 4, 2014
253 Basis of the LGUs Taxing and Regulatory Power on Extraction of Sand, Gravel and others Quarry Resources, and Department Observation on Section 5F-02 (a) of Municipal Tax Ordinance No. 02,s 2011Reference No: LO-017S2014 September 4, 2014
254 Section 90 of Republic Act No. 7160 Practice of Profession Reference No: LO-016S2014 September 4, 2014
255 Clarification on the implementation of Local Budget Circular No. 103 (LBC 103) dated 13 May 2013,particularly on the interpretation of items 7.1 and 7.5Reference No: LO-015S2014 September 4, 2014
256 Request guidance as to the legality of appointment of Ms Violeta Tabugo as Women's Sectoral representative to the Sangguniang Panlungsod of Cotabato CityReference No: LO-014S2014 September 4, 2014
257 Opinion on whether an Indigenous People (IP) who ran and lost in the recent National elections and was subsequently selected as an IP Mandatory Representative is or not covered by the prohibition under Section 6, Article IX-B of the 1987 Constitution.Reference No: LO-013S2014 September 4, 2014
258 Opinion and guidance on whether a losing candidate for the position of Sangguniang Bayan member last 2013 Synchronized Local Barangay Elections, is qualified to represent the Indigenous Cultural Communities / Indigenous Peoples (ICCs / IPs)Reference No: LO-12S2014 September 4, 2014
259 DILG opinion regarding the legal implication of the recent conviction by the Sandiganbayan (1st Division) of two (2)Sangguniang Panlalawigan MembersReference No: LO-022S2014 September 4, 2014
260 Request for legal opinion on the validity of the clauses contained in the contractual Joint Venture Agreement (JVA) entered into between the City Government of Paranaque and Altech Contractors, Inc. on 05 February 2010Reference No: LO-011S2014 September 1, 2014
261 Request for opinion on the validity or legality of the Pasay City Government adherence to the procedures under the 2008 NEDA Joint Venture (JV) guidelines together with supporting documentsReference No: LO-010S2014 September 1, 2014
262 Request for DILG Opinion on the City Government plan to build a Local Disaster Preparedness Center which will also house the Central Fire Station and if the same is justified under 5.1.8 of Joint Memorandum Circular No. 2013-1 dated 25 March 2013Reference No: LO-009S2014 September 1, 2014
263 Seeking an opinion on whether the City of Butuan can use the Public Private Partnership (Competitive Challenge / unsolicited proposal for joint ventures) through its own PPP code to undertake the dredging projects as a measure for Disaster Risk Reduction and MitigationReference No: LO-008S2014 September 1, 2014
264 Request for legal opinion on the validity of the Contract of Services entered into by the Municipal Mayor without prior Authorization of the Sangguniang BayanReference No: LO-007S2014 September 1, 2014
265 Requirements for a Local Government Unit (LGU) loan applicationReference No: LO-006S2014 September 1, 2014
266 Opinion on whether the Commission on Audit's (COA) prescribed salary grade of a City Vice-Mayor (SG26/S1) prevails / supersedes Sec. 9 (a) of Republic Act No. 8297, otherwise konwn as the "Charter of the City of Kabankalan."Reference No: LO-005S2014 September 1, 2014
267 Requesting that Ascendant's Fountain Inc. (AFI) be exempted from paying the yearly business permit issued by Las PiƱas CityReference No: LO-004S2014 September 1, 2014
268 Request for DILG's guidance relative to the purchase of motor vehicles utilizing the PDAF of Congresswoman Catalina G Leonen-Pizzaro in light of DBM Circular letter No. 2013-8 and the Supreme Court decisionReference No: LO-003S2014 September 1, 2014
269 Opinion on the Validity of the disapproval of E.O. No. 40 by the Provincial Governor on review, and query on the status of the contract as a legal consequences of such disapprovalReference No: LO-002S2014 September 1, 2014
270 Seeking guidance on whether to proceed with the procurement of one unit multicab intended for Barangay Malawog, Sta. Barbara, Iloilo to be source from the PDAF of Senator Ferdinand "Bongbong" Marcos,Jr. Reference No: LO-001S2014 September 1, 2014
271 Clarification on the issues pertaining to the release of the 2013 Priority Development Assistance Fund (PDAF) for Local Development Project in light of the 19 November 2013 Supreme Court En Banc's ruling on the unconstitutionality of the entire 2013 PDAF ArticleReference No: LO-041S2013 August 29, 2014
272 Whether or not non-paying and non-complying member Barangay of the Association of Barangay Councils (ABC), to as the Cebu City Chapter of the LnB, may still be allowed to nominate, to vote for, and / or be voted upon as a candidate during the election of the new set of officers and Board of DirectorsReference No: LO-040S2013 August 29, 2014
273 Clarification whether the National Liga ng mga barangay thru its opinion dated 27 November has the authority to reverse and / or modify DILG LO no. 113, S dated 05 December 2007 and purpose of the forthcoming Liga ng mga Barangay (LnB) Chapter Elections which shall prevail :DILG LO no 113 S 2007Reference No: LO-039S2013 August 29, 2014
274 Opinion on the legality of the imposition of additional fee by Barangay officials to cable link, considering the congressional Franchise granted to it under RA 9382Reference No: LO-038S2013 August 29, 2014
275 Opinion in relation to Carrascal Municipal Ordinance No. 02,S2012Reference No: LO-037S2013 August 29, 2014
276 Requesting for a legal opinion on the proper interpretation of the Three-Term Rule vis-avis PB Doloriel's caseReference No: LO-036S2013 August 29, 2014
277 Seeking a legal opinion on the propriety and validity of certain appropriations for the office of the Vice Mayor and the Sangguniang Panglungsod Reference No: LO-034S2013 August 29, 2014
278 Opinion on whether or not the necessity of upgrading / raising of roads and drainage system by a local government units falls within the purview of 5.0, 5.1.7 or 5.1.8 of the Joint Memorandum Circular no. 2013-1 (JMC No. 2013-1) issued on 25 march 2013 by the National Disaster Risk Reduction and Management Council (NDRRMC), DBM and DILGReference No: LO-033S2013 August 29, 2014
279 Requesting Clarification re. Can LGU in Boracay really prohibit the use of the ocean, and what is the punishment for a Mayor who does not follow the law, rules and regulationsReference No: LO-032S2013 August 29, 2014
280 Opinion on the powers of the Local Chief Executive (LCE), to order for a deferment of an order from a quasi-judicial body citing possible disruption of the peace and order therein as well as the general welfare of constituents who may be in the crossfire in case of violence occurs in the implementation of the orderReference No: LO-031S2013 August 29, 2014
281 Opinion on who has the rights (priority)in utilizing the water Resource for public use, it appears that there's a gap between the National Water Resources Board (NWRB) and DILG.Is the NWRB has do power to issue a cease and deceased (sic) order to stop this private corporationReference No: LO-029S2013 August 29, 2014
282 Opinion concerning the applicability of Section 62 (c) of Republic Act no. 7160,otherwise known as the Local Government Code of 1991Reference No: LO-027S2013 August 29, 2014
283 The prohibition in Section 90 of Republic Act no. 7160 (Local Government Code of 1991) and Section 7 of Republic Act no. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)Reference No: LO-026S2013 August 29, 2014
284 Opinion on whether Atty. Ayla V Alim,City Councilor of Mandaluyong City may be entitled to her salaries, wages, benefits and other emoluments due and owing to her as a City Councilor during the period of Sabbatical leave for studies abroad.Reference No: LO-025S2013 August 29, 2014
285 Does the retroactive effect of Appropriation Ordinance enable Local Government to enter into Contracts prior to the approval of their BudgetReference No: LO-024S2013 August 29, 2014
286 Opinion regarding the Resolution no. 119 and 120 of the Sangguniang Panlalawigan of Rizal which declared City Resolution no. 2013-013 (Annual Investment Plan) and City Appropriation Ordinance no. 2013-001 (Annual Budget) is invalid and inoperative on the sole ground that only eight (8) member of the Sangguniang Panglungsod of Antipolo CityReference No: LO-023S2013 August 29, 2014
287 Opinion on whether or not the Local Government Unit (LGU) has the authority to impose taxes upon the business enterprises operating within PHIVIDEC Industrial Estate-Misamis Oriental Special Economic Zone (PIEMO-SEZ); as between the LGU and PIEMO-SEZ; who has the better right to issue business permits to business enterprise operating within PIEMO-SEZReference No: LO-022S2013 August 29, 2014
288 Seeking Clarification on the extent of the powers of a MayorReference No: LO-021S2013 August 29, 2014
289 Explanation on Section 46 (a) of the Local Government Code of 1991Reference No: LO-020S2013 August 29, 2014
290 DILG rendered Legal Opinion No. 12,S2013 dated 18 April 2013 in reply to the query relative to the request of SP Member of Masbate,for the Regional Office of the Department of Budget and Management,in the aforesaid opinion,clarified that the Department's duty of rendering legal opinions have its limitations.Reference No: LO-019S2013 August 29, 2014
291 Seeking DILG Opinion and on Guidance on the official status of Punong Barangay Job Gecobe Lapitan of Bangar, Solano, Nueva VizcayaReference No: LO-028S2013 August 29, 2014
292 DILG opinion no. 17,S2005 that divestment as referred to in Section 9 of Republic Act no. 6713 or the Code of Conduct and Ethical Standards for public officials and employees is proper only in case a conflict of interest existsReference No: LO-030S2013 August 29, 2014
293 The legality of the assumption of Vice-Mayor Belen Fernandez as Acting Mayor of Dagupan CityReference No: LO-018S2013 August 28, 2014
294 Query on the legality or validity of such replacement of the Chairman of the Committee on Finance, Budget and ways of means, and what is the scope of the phrase "no other business" in Section 323 of the "Local Government Code of 1991"?Reference No: LO-017S2013 August 28, 2014
295 Requesting the DILG opinion on whether the former staff of deceased Vice Governor Sanchez may claim their overtime pay witheld based on the Office of the President's decision in O.P. Case no. 10-K-504Reference No: LO-016S2013 August 28, 2014
296 Clarification on Section 323 of the Local Government Code of 1991.Reference No: LO-015S2013 August 28, 2014
297 whether it is correct to recognize Vice Mayor Christopher B Maguad as the Acting Mayor of the municipality of Valderama, Antique during Mayor Mary Joyce R Roquero's suspension on the basis of presumption of regularity of the performance of official functions of the concerned Local Government Unit and its official and considering further that the issues involved are pending resolution before the COMELEC and other tribunalsReference No: LO-014S2013 August 28, 2014
298 Requesting advice on whether the decision dated 13 March 2013 rendered by the Office of the President dismissing the appeal of Punong Barangay of San Luis, Antipolo City in OP DC Case no. 13-A-004 is sufficient for to them to recognize Mr. Crisol L Cate as Acting Punong Barangay of San Luis, Antipolo CityReference No: LO-013S2013 August 28, 2014
299 Requesting the DILG opinion on the Controversy involving the approval of the CY 2013 Provincial Annual Budget and Annual Investment Plan by the Sangguniang Panlalawigan (SP) of Masbate.Reference No: LO-012S2013 August 28, 2014
300 Request the DILG opinion as to the effectivity and status of DILG Memorandum Circular no. 2011-151 (MC 2011-151)Reference No: LO-011S2013 August 28, 2014