Legal Opinions Archive

LEGAL OPINIONS ARCHIVE

401 The strict implementation of R.A No. 8371 (IPRA)Reference No: LO-026S2011 August 16, 2012
402 Whether the mandatory representation of Indigenous cultural communities / Indigenous people in local legislative bodies includes representation in the Sangguniang Barangays.Reference No: LO-025S2011 August 16, 2012
403 Certain principles involving the power of the local sanggunians to enact ordinancesReference No: LO-011S2011 October 7, 2011
404 Whether or not the previous years budget on intelligence funds may be re-enacted despite the violation of DILG MC No.99-65Reference No: LO-016S2011 July 22, 2011
405 Whether soft infrastructure projects may be funded by the 20percent development fund of the annual Internal Revenue Allotment -IRAReference No: LO-014S2011 July 22, 2011
406 Issue of compensation in relation to the honoraria received for attending the BOR-WSMU meetingsReference No: LO-013S2011 July 22, 2011
407 Query on the use by a local government unit from the revenue of its own slaughterhouse to partly or wholly finance a waterwaste treatment facility.Reference No: LO-012S2011 July 22, 2011
408 Upon the creation of the Office of the Building Official, the City or the Municipal Engineer, automatically becomes the head thereof, without need of any further designation or appointmentReference No: LO-010S2011 May 23, 2011
409 The Sanggunian Barangay shall accredit people's organizations, non-governmental organizations or the private sector based on several criteria; the barangay secretary or on his absence any member of the Barangay Assembly designated by the Presiding OfficerReference No: LO-009S2011 May 23, 2011
410 The requirements for the conversion of the City of Cabanatuan from a Component City into a Highly Urbanized City as may be provided for in the LGC of 1991Reference No: LO-008S2011 May 23, 2011
411 The hiring of a private lawyer to represent their municipality in a pending court litigation was proper, after the Provincial Prosecutor and Provincial Legal Officer inhibited from from said proceedings due to conflict of interestReference No: LO-007S2011 May 23, 2011
412 Whether his designation as representative of Hon. Angara in the BOR-WMSU violates Sec. 7 Article IX (b) of the 1987 Constitution and Sec. 94 of RA 7160Reference No: LO-006S2011 May 23, 2011
413 Several issues pertaining to the conversion of the City of Tarlac from a component city into a highly-urbanized cityReference No: LO-005S2011 May 23, 2011
414 Whether or not a civil servant employed in government service is authorized to practice law outside his government officeReference No: LO-004S2011 May 23, 2011
415 The misrepresentation of the three (3) persons in your barangay's Development Plan by signing therein as representatives of non-governmental organizations (NGOs) and the accountability, if any, of the PB for allowing these persons affix their signatures tReference No: LO-003S2011 May 20, 2011
416 The approving authority of the plans and specifications especially the mechanical requirements (pumps) for the sprinkler system as required by the Fire Code of the PhilippinesReference No: LO-001S2011 May 20, 2011
417 Whether or not there is a need for an additional sanggunian authorization for the City Mayor to enter into contracts in the implementation of programs and projects contained in the approved annual and supplemental budgetsReference No: LO-002S2011 May 20, 2011
418 The very nature of the work of elective officials are considered on call anytime of the day.Reference No: LO-024S2010 March 23, 2011
419 Proclaiming additional winning candidates to SB due to upgraded status from 3rd class to 1st classReference No: LO-056S2010 March 18, 2011
420 The VM's travel and /or that of the SB members is chargeable to the general fund of the municipality, the approval of the mayor is discretionary.Reference No: LO-038S2010 March 18, 2011
421 The municipal mayor shall authorize official trips outside of the municipality of municipal officials and employees for a period not exceeding thirty (30) days.Reference No: LO-037S2010 March 18, 2011
422 The Vice Mayor is the head of both the offices of the VM and the SB, and has the authority to approve disbursement vouchers for expenditures appropriated for its operation.Reference No: LO-034S2010 March 18, 2011
423 Only by order of the proper canbe removed from office.Reference No: LO-033S2010 March 18, 2011
424 All levels of the Sanggunian except the SB are invested with dual functions namely: 1) as a legislative body and 2) as a quasi-judicial bodyReference No: LO-030S2010 March 18, 2011
425 Decisions and acts of the Liga National Executive Branch are beyond the Departments domain.Reference No: LO-029S2010 March 18, 2011
426 Whether or not valid for a barangay to tax.Reference No: LO-026S2010 March 18, 2011
427 Whether the SP can impose another franchise tax considering that the company is already a grantee of a legislative franchise.Reference No: LO-021S2010 March 18, 2011
428 Can the mayor appoint his son to replace the vacated position in the SB wherein the PB is also a son of the mayor.Reference No: LO-018S2010 March 18, 2011
429 Whether it includes the appointment of regular plantilla positions, casual employees and contractual or job order employees under the office of the SB and office of the VM which includes the secretary to the SB.Reference No: LO-017S2010 March 18, 2011
430 Whether or not the august body has reached the required majority of all the members of the SP as provided for in Sections 53 and 54 of the LGC and in relation to Art. 107 (g) of its IRRReference No: LO-013S2010 March 18, 2011
431 Propriety and process of reorganizing the standing committees in the Sanguniang Panglungsod.Reference No: LO-012S2010 March 18, 2011
432 Expiration of the three (3) months suspension imposed against a mayor.Reference No: LO-010S2010 March 18, 2011
433 Prohibition on the unposition of preventive suspension with in 90 days immediately prior to any election and section 261(x) of the Omnibus election code (BP881)Reference No: LO-009S2010 March 18, 2011
434 Whether or not it becomes the duty on the part of the mayor to authorize including the issuance of corresponding travel orders to SB members and its employees.Reference No: LO-008S2010 March 18, 2011
435 Whether or not an implementing order from the Office of the President is still necessary to execute its decision and subsequent resolution.Reference No: LO-007S2010 March 18, 2011
436 Illegal termination as Barangay secretary on the grounds of no subordiantion and negligence Reference No: LO-004S2010 March 18, 2011
437 Whether the PDC shall only meet once a year or twice a year.Reference No: LO-003S2010 March 18, 2011
438 The PB's act of withholding the honoraria of five Sangguniang Barangay members due to absenteesm.Reference No: LO-002S2010 March 18, 2011
439 Hiring of private Lawyer for government concernReference No: LO-75S2010 March 18, 2011
440 Whether the OIC mayor designated by the mayor who is on official travel abroad, can approve resolutions or ordinances.Reference No: Lo-118S2010 March 14, 2011
441 Whether or not as VM, is legally required to assume the office of the mayor in view of the disqualification to held office of the mayor-elect.Reference No: LO-117S2010 March 14, 2011
442 It is already sufficient that the legitimate dependant children can show proof that they are the legitimate dependant children of these barangay officials.Reference No: LO-116S2010 March 14, 2011
443 Exhaust first the administrative remedies available before bringing the matter to the department for appropriate action.Reference No: LO-114S2010 March 14, 2011
444 Whether or not the BFP can collect taxes without the LGU enacting a Fire Code Ordinance.Reference No: LO-111S2010 March 14, 2011
445 Whether or not the function of the mayor in signing travel order of the SB member is ministerial.Reference No: LO-106S2010 March 14, 2011
446 Verified complaint against every barangay elective official shall be filed before the SB.Reference No: LO-105S2010 March 14, 2011
447 The term of office of the Sangguniang Barangay has been fixed by law and its expiration cannot be subject to an agreement.Reference No: LO-103S2010 March 14, 2011
448 Any misconduct committed during the previous term cannot be used to initiate an administrative complaint during his present term.Reference No: LO-102S2010 March 14, 2011
449 If the SB is not amenable to the MDC\'s approval projects and programs, the said sanggunian should instead return it to the MDC with its comments and recommendations for the LDC\'s proper consideration.Reference No: LO-101S2010 March 14, 2011
450 Sectoral Representation of Indigenous People in the Sangguniang BayanReference No: LO-080S2010 March 3, 2011