Legal Opinions Archive

ADVISORY

LEGAL OPINIONS ARCHIVE

301 Seeking DILG opinion regarding the effect of the implementation of the Writ of Execution dated 17 January 2013 issued by the COMELEC En Banc in SPA No. 09-076 (DC)Reference No: LO-010S2013 August 28, 2014
302 Query from the DILG about the legal process for payment of compensation and other emoluments of Indigenous Peoples Mandatory Representatives (IPMRs) to the Sangguniang Panlalawigan and other local Sanggunian in the Province of Sarangani.Reference No: LO-007S2013 August 28, 2014
303 Clarification on the DILG opinion no. 2B,S2013 relative to the two issuesReference No: LO-005S2013 August 28, 2014
304 Queries "whether there is a need for Appropriation Ordinance,when SB Resolution on October 21,2010 already authorized the LCE to appropriate the loan proceeds to the purpose in Construction of Level III water system,and how will abstention vote be considered?as a negative vote or affirmative voteReference No: LO-004S2013 August 28, 2014
305 whether or not it became a ministerial duty on the part of Sangguniang Bayan to pass appropriation Ordinance no. 10,S2012 by virtue of the commitment undertaken by the municipality in Resolution no. 27,S2012 which is to appropriate the total project cost composed of loan proceeds,equity and grant;and whether or not the abstention of the lone Sangguniang Bayan member should be interpreted to be acquiesence on the subject appropriation ordinance no. 10,S2012Reference No: LO-006S2013 August 28, 2014
306 Opinion on taking into consideration that the first suspension will end on 20 September 2013 months after election,how will this level treat the subsequent order imposing another period, will the subsequent order imposing another penalty be followed even if will be served beyond the duration of the first suspension order?that suspended Mayor is seeking re-election this forth coming elections, will Aguinaldo Doctrine apply.Reference No: LO-009AS2013 August 28, 2014
307 Opinion regarding 2013 Annual budget which was disapproved in its entirety by Sanggunian a vote of 9-5 without stating the reasons or grounds for their disapprovalReference No: LO-003S2013 August 22, 2014
308 Queries whether a quorum exist (sic)in the presence of only nine (9)members out of eighteen (18)members of the Sangguniang Panglungsod of Antipolo in Admin. Case No. 2012-004 is valid and have no force and effect;and whether the said decision may be implemented even before the lapse of fifteen (15) days periodReference No: LO-002S2013 August 22, 2014
309 Whether or not the Regional Director has the Authority to cause implementation of the Resolution of a Sangguniang Bayan suspending a Punong Barangay with any request from the Local Legislative bodyReference No: LO-001S2013 August 22, 2014
310 Vice Mayor of Antipolo City protested against Punong Barangay of San Luis, Antipolo City alleged attempt to seek an opinion from DILG as a case of forum shopping since he already sought judicial relief in Special Civil Action No. 12-1232Reference No: LO-002AS2013 August 22, 2014
311 Validity of the decision of the Sangguniang Panglungsod of Antipolo City in Admin. Case No. 2012-004,imposing upon him the penalty of suspension from six (6) months for violation of Section 60 (b)(c)(e) of Republic Act No. 7160Reference No: LO-002BS2013 August 22, 2014
312 Request for Assistance and Intervention with the Bangko Sentral ng Pilipinas (BSP)Reference No: LO-62S2012 August 14, 2014
313 Seek the DILG Central Office guidance on the manner of filling the temporary vacancies caused by the suspension of the Sangguniang Barangay officialsReference No: LO-60S2012 August 14, 2014
314 12 December 2011 Resolution No. 181-2011 which request for an exemption from the application of DILG MC No 2011-151Reference No: LO-059S2012 August 14, 2014
315 Comprehensive explanation of Section 152 in relation to Section 130 of Republic Act No. 7160 as amended pertaining to the exercise of the Taxing and other revenue-raising powers of Local Governments units.Reference No: LO-055S2012 August 14, 2014
316 Is there a need for authority from the DBM or DILG as the case may be if the Local Government shall utilize its unexpended LDRRMF to purchase vehicles and Do we consider the " Unexpended LDRRMF" as "unencumbered Local Funds" so that the only approval of the Local Chief executives is required in the purchase of enumerated (sic) in Section 7.0 of A.O. 233 as amendedReference No: LO-054S2012 August 14, 2014
317 Clarification on the following issues: since Barangay Canumay is located in Metro Manila, can two (2) barangays be created out of it by means of Ordinance No. 37, series of 2011.When will the corporate existence of two (2) new barangay begin?in the interim,that is the prior to the first election of the barangay officials of the two (2) new barangays,can the Mayor appoint the said officials under the Ordinance No. 37, series 2011.Reference No: LO-053S2012 August 8, 2014
318 Whether or not the LGU has the power to disregard the order (DILG Memorandum Circular No. 2010-119 ) due to allege financial budgetary constraints; power to deny the appointment of the IPs Mandatory Representative due to sectoral representations provided in RA No. 7160 and power to require more documents aside from certificate of affirmation and oath of office as prescribed in letter "E" off aforementioned Memorandum CircularReference No: LO-052S2012 August 8, 2014
319 Whether the Sangguniang Bayan of Kalibo, Aklan may grant a temporary franchise in favor of a certain cockpit, which is located within a residential subdivision project,hence prohibited under Presidential Decree No. 499, as amended by Presidential Decree 1802 as well as Kalibo Municipal Ordinance No. 20 Series of 1974Reference No: LO-051S2012 August 8, 2014
320 Whether it is legal for the Punong Barangay and the Sangguniang Barangay Members to " appoint " their close friends or allies as replacement for the two duly lected Barangay Kagawad who have previously resigned and it is legal for Barangay to operate a Material recovery Facility (MRF) close to residential areasReference No: LO-050S2012 August 8, 2014
321 Requesting this Department to investigate on the alleged mishandling of criminal case by certain Barangay and Police Officials which leds to arrest, detention and current prosecution for the crime of slight physical injuriesReference No: LO-049S2012 August 5, 2014
322 Opinion regarding item 9.2.c of the " Contract Implementation Guidelines for the Procurement of Infrastructure Projects" , Annex "E" of revised Implementing Rules and Regulations of RA 9184Reference No: LO-048S2012 August 5, 2014
323 Requesting for guidance on the issue whether or not pedicabs may be allowed to use National Highways on roads subject to certain conditionsReference No: LO-046S2012 August 5, 2014
324 Seeking advice on whether or not the personnel of the City of Iligan would also benefit from the exemption granted the development Academy of the Philippines (DAP) from the P1,200.00 Ceiling on the registration fee or charge for the participation in convention and seminars conducted by DAP,when using Government funds.Reference No: LO-045S2012 August 5, 2014
325 Sangguniang Bayan of La Paz, Agusan Del Sur disapproved the IF (Intelligence Fund) budget because it did not follow the DILG MC No 99-65 dated April 23,1999Reference No: LO-044S2012 August 5, 2014
326 Request clearance from this department for the issuance of a Memorandum for the purpose of reassigning personnel.Reference No: LO-041S2012 August 1, 2014
327 Query on the issue: " when does the Corporate existence of a Barangay begin? "Reference No: LO-029S2012 August 1, 2014
328 Opinion regarding the claim of former Regional Legislation Assembly Speaker Rejie Sahali-Generale to return to his office as speaker of Regional Legislative AssemblyReference No: LO-028S2012 August 1, 2014
329 Clarication on whether or not the benefits and rights under RA 9994 (Expanded Senior Citizens Act of 2010) may also be accorded to our Foreign Retiree participants who are sixty (60) years old or aboveReference No: LO-027S2012 August 1, 2014
330 Opinion on whether or not its is necessary for this Department to implement the Ombudsman decision in OMB-L-A-10-0053-EReference No: LO-026S2012 August 1, 2014
331 Clarification on MC No. 2011-68 particularly the exception to the prohibition on the operation of tricycles along the National HighwayReference No: LO-025S2012 August 1, 2014
332 Queries on what is the effect of the exercise of the powers and performance of the duties and functions of the Mayor by the Vice Mayor on account of the indefinite leave of absence of the elected Mayor due to illness,what functions of the elected Vice Mayor and what should be discharged by his successors in officeReference No: LO-023S2012 August 1, 2014
333 whether the highest ranking members of the sangguniang Panglungsod can immediately take over and perform the functions and duties of the Vice mayor as a result of the exercise of the power and performance of the duties and functions of mayor by the Vice Mayor on account of the indefinite leave of absence of the elected mayor due to illnessReference No: LO-022S2012 August 1, 2014
334 The LGU of General Santos request for clarification regarding the MC No. 2011-68 particularly the exception to the prohibition on the operation of the tricycles and pedicabs along the National HighwayReference No: LO-024S2012 August 1, 2014
335 Invalidity of some portions of the Revised Revenue Code of San Simon,Pampanga and Scope of Municipalities Taxing Power, Situs TaxReference No: LO-021S2912 July 31, 2014
336 The Sangguniang Panlalawigan of Zamboanga Del Sur thru its Resolution No. 2K11-579 declared invalid Bayog's Municipal Ordinance No. 11-92-11 for being contrary to RA 7942 or the Philippine Mining Act of 1995Reference No: LO-020S2012 July 25, 2014
337 Clarification on MC No. 2011-151, which suspends the imposition and collection of pass through fees vis-a-vis the collection of toll fees as authorized under Section 155 of LGU Code of 1991Reference No: LO-019S2012 July 25, 2014
338 Clarification on whether or not the collection of annual fixed tax is covered by MC No. 2009-76,which prohibits LGUs from charging pass through fees on vehicles especially those carrying agricultural goods and productsReference No: LO-018S2012 July 25, 2014
339 Query on whether a Sangguniang Bayan Secretary may be designated as OIC Municipal TreasurerReference No: LO-017S2012 July 25, 2014
340 Whether the Sectoral representatives (IPs/ICCs) are entitled to the Third Tranche of the modified Salary Schedule for LGU Personnel and , if in affirmative ,whether the grant thereof is mandatoryReference No: LO-015S2012 July 25, 2014
341 Query on whether the Vice Mayor can by necessary implication,issue the Allotment Release Order (ARO) in relation to Sangguniang Panglungsod FundsReference No: LO-014S2012 July 25, 2014
342 The Sangguniang Bayan of Liloan,Southern Leyte enacted Municipal Ordinance No. 29-93, as amended by Municipal Ordinance No. 35-93.Said Ordinance imposes Fees to all vehicles for the use of the Municipal Road which connects the National Highway down to the toll gate of the Ferry Terminal of LiloanReference No: LO-016S2012 July 25, 2014
343 Possible administrative offenses to be filed against Local Officials due to lack of or delay in the filing of application for leave of absence.Reference No: LO-012S2012 July 24, 2014
344 1st Endorsement of DBM Region VIII Director which refers to the Department the 25th October 2011 request for opinion of Philippine Health Insurance Corporation (PHIC) Region VIII Vice president on the propriety of charging the PhilHealth Premium Contributions of the Non-NHTS indigents enrollees to the 20% Development FundReference No: LO-010S2012 July 24, 2014
345 Seek approval for the City Government of Taguig through its Business Permits and licensing Office (BPLO) and the City Treasurer's Office, to include in its collection for the month of January 2012,the required Fire Code Fees being collected by the BFPReference No: LO-009S2012 July 24, 2014
346 Clarification on the issue referring to DILG opinion No. 29,series of 2011 dated 27 June 2011 and not June 2010 re: punong Barangay to seek permission from the Department when practicing Profession.Reference No: LO-008S2012 July 24, 2014
347 Validity of Ordinance authorizing the levy fees and taxes on transport of garbage in relation to Memorandum Circular No. 2011-151 particulary on the proposed Tax Ordinance of the Sangguniang Bayan of Bamban,TarlacReference No: LO-007S2012 July 24, 2014
348 Whether Section 3 of BP 220 subsists with the repeal of PD 1185 by the RA 9514 and Whether the specification for a 0.30 meter fire wall detailed / specified in the 2008 BP 220 IRR is valid and subsisting.Reference No: LO-006S2012 July 24, 2014
349 Query of City Local Government Operation Officer Ormoc City on the proper Implementation of the COMELEC Resolution in relation to DILG Circular No. 2010-19Reference No: LO-005S2012 July 24, 2014
350 Legality of the Act of Barangay San Jose, Bauan Batangas to require Barangay IDs and sufficiency of Barangay Ordinance No. 51Reference No: LO-013S2012 July 24, 2014