Legal Opinions - DILG-CAR Official Website
 
 
 
 
 
DILG-CAR
TRANSPARENCY SEAL
 
 
 
CONTACT US
Tel Nos:
(074) 442-3515 / 442-0085
Telefax: (074) 442-5372
443-9840 / 442-9030
Official Website:
Official E-mail:
This email address is being protected from spambots. You need JavaScript enabled to view it.
This email address is being protected from spambots. You need JavaScript enabled to view it.
Official Facebook:
Official Cloud:
This email address is being protected from spambots. You need JavaScript enabled to view it.

Legal Opinions

 

LOCAL GOVERNMENT UNITS
OPINION NO.
ISSUES
 DOWNLOAD 
a) Corporate Powers
2000-21

 1) Res. No. 318-99, imposing a duty and obligation on the part of the stallholders to pay the cost of the sub meter, and labor and materials of the house wiring connections is an imposition of a tax, fee or charge. Without a LAW or ORDINANCE in accordance with Sec. 132 and 186 of the Local Government Code, may said Resolution be validly enforced and implemented?

2) The Resolution also provides that the fifty percent (50%) share of the municipality to the cost of labor and materials of the house wiring connections shall be taken from rentals to be deducted from succeeding monthly rentals. Does this not contravene Sec. 305 of the LGC, providing that “no money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law”?

3) Some stallholders agreed to the installation of sub meter and house wiring connections undertaken by a private individual assigned by the Mayor without the benefit of bidding or canvass. Was there no law or regulation violated?

2002-24

Clarification by Sangguniang Bayan Members as to whether or not the Memorandum of Agreement (MOA)  with the Municipality of Itogon for a 50-50 share on the national wealth derived from Philex Mining Corporation, Tuba, Benguet has legal basis and if the same conforms to the provisions of the Local Government Code of 1991.

2004-69 Legal opinion regarding the legality of letting a private radiologist and a private dentist occupy spaces in the rural health unit
2004-80 Legal opinion on the power of local government units (LGUs) to reclassify agricultural lands under Section 20 of Republic Act No. 7160, otherwise known as The Local Government Code of 1991, specifically, to the issue as to whether or not a Conversion Order by the Department of Agrarian Reform (DAR) converting agricultural land situated at Taloy Sur, Tuba, Benguet into residential land be sufficient requirement for the issuance of a Development Project even without reclassification by the Sangguniang Bayan of that Municipality
2004-88

Legal opinion regarding the Multi-purpose Building funded by the Priority Development Assistance Fund (PDAF) of Congressman of a Province

2005-94

Regarding the affiliation of student nurses at the Benguet General Hospital:


1) “Whether or not the Provincial Government of Benguet can amend any provision of DOH AO No. 5-A s. 1996 by invoking devolution and the concept of autonomy under the LGC of 1991 contending that the BeGH is an LGU-run hospital even though accredited by DOH.

2) More particularly, can the Provincial Government, through and AO issued by the Provincial Governor, increase the amount of Affiliation Fee from PhP1.00/Hour/Trainee as provided for in DOH AO No. 5-A s. 1996 to PhP10.00/Hour/Trainee?”

2005-98 Clarification whether or not the different barangays are free to conduct cockfighting without first securing a Mayor's permit
2005-113 Legal opinion and advice on the matter of changing the LGU composition of the political districts in a Province
2005-115 Legal opinion on the devolved power of local government units to regulate and grant franchises for the operation of tricycles
2005-117

1) Whether or not a barangay is entitled to a share from the proceeds derived from the development and utilization of the national wealth within an area by the HEDCOR.

2) Whether or not a Barangay can impose and collect taxes on the machineries and equipment by HEDCOR.

2006-132

Inquiry on the legality of the Agreement between Municipalities of Benguet & Nueva Vizcaya re: Naswak Elementary School which has been under the administration, supervision and maintenance of the Benguet Schools Division Office, Department of Education and regularly funded by the Province of Benguet and the Municipality of Bokod even though it is located within the territorial jurisdiction of Kayapa, Nueva Vizcaya

2006-141 Clarification on the legality of Section 11, Chapter II of the Benguet Revenue Code of 2005
2007-169 Letter-query asking if a Municipality has nothing to do with the parcels of land within the municipality which were identified for school and educational purposes only
2009-200

Are LGU’s like our Barangay allowed to utilize or temporarily close roads for the conduct of its activities? What are the requisites needed for the closure of such? Is an ordinance a requisite for such? Are we allowed to use City Roads as the City is allowed to use National Roads?

2009-201 Letter-query how to prevent the implementation of Municipal Ordinance No. 04 series of 2008 of Besao, Mountaing Province
2010-219 Opinion on the legality of appropriating the amount of One Million Five Hundred Thousant (P1,500,000) as paid-up share capital by an LGU
2010-221 Whether or not KAELCO can constitute a Bids and Awards Committee without any participation of or representation from the three aforesaid barangays in conformity with the principle of transparency and accounting and auditing rules applicable to government funds.
2011-241 Letter-query, dated June 15, 2011 and addressed to the Hon. Jesse M. Robredo, Secretary, this Department, relative to the contractor’s tax being imposed by the Municipality of Tublay, Benguet
b)  Appropriation/Fund Disbursement/Procurement/Budget
1999-01

Whether or not the Sangguniang Kabataan can disburse, per its approved plan and budget, its 10% share in the general fund of the barangay without prior approval of its Punong Barangay

 2000-06

Whether or not it is legal to disburse public funds for the construction of a tennis court over a parcel of titled lot owned by the Church (St. Benedict’s)?

2000-21

 CORPORATE POWERS

1) Res. No. 318-99, imposing a duty and obligation on the part of the stallholders to pay the cost of the sub meter, and labor and materials of the house wiring connections is an imposition of a tax, fee or charge. Without a LAW or ORDINANCE in accordance with Sec. 132 and 186 of the Local Government Code, may said Resolution be validly enforced and implemented?

2) The Resolution also provides that the fifty percent (50%) share of the municipality to the cost of labor and materials of the house wiring connections shall be taken from rentals to be deducted from succeeding monthly rentals. Does this not contravene Sec. 305 of the LGC, providing that “no money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law”?

3) Some stallholders agreed to the installation of sub meter and house wiring connections undertaken by a private individual assigned by the Mayor without the benefit of bidding or canvass. Was there no law or regulation violated?

2000-25

 ACCREDITATION OF TRAINING PROGRAMS

If a private training institution was and is already accredited by the Civil Service Commission as per MC 9, s. 1994, is this training institution still required to secure accreditation or permission from the Department of Interior and Local Government (sic) before they could sponsor trainings/seminars?

2001-09

 PRIORITY ON USE OF LOCAL FUNDS; ADMINISTRATIVE COMPLAINTS

Are these obligations of last year which were purely infrastructure projects more of a priority than the salaries of employees of the LGU?

2003-40 Is it proper for the Sanggunian Members to enter into an amicable settlement favoring the release in the payment of the project despite the fact that there was no project done?
2004-78 About the use of the two percent (2%) Engineering and Administrative Overhead (EAO) for the purchase of a service vehicle for monitoring of projects implemented under the 20% Development Fund of the Municipality
2006-127 Legal opinion and pieces of advice regarding the utilization of the Intelligence Fund amounting to Nine Hundred Thousand Pesos (PhP 900,000.00) that was specifically appropriated in the approved Annual Budget of Municipality
2007-143 Regarding the utilization of the calamity fund, specifically, whether the Municipal Mayor can disburse all the funds thru a mere Executive Order once the Sangguniang Bayan (SB) declared the municipality as under the state of calamity
2007-146 Can the Sangguniang Bayan of Mankayan appropriate the Municipality’s share from the proceeds of the development and utilization of its National Wealth through a mere resolution and without an appropriations ordinance?
2007-167 Enlightenment as to whether or not the provisions of Administrative Order (AO) No. 103 of the Office of the President is applicable to the appropriations made by Municipality for heavy equipments and service vehicle under the Supplemental Budget for the year 2007
2008-177 Regarding the use of the share of the local government units in the proceeds derived from the utilization and development of national wealth
2008-183 Regarding the validity of Resolution No. 2008-273 of the Sangguniang Panlalawigan of Kalinga which authorized the transfer of the Province’s 20% economic development funds (EDF) to various barangays and municipalities within said province
2009-205

Opinion on issues relating to the payment and remittance of annual dues to the Liga Nasional:

Whether the non-payment of Liga membership dues for two (2) successive years would already merit the enforcement of sanctions such as suspension from membership with the association by applying Sec. 3, Article XII of the LIGA Constitution and By-Laws. Likewise, will the non-payment of membership dues for more than two (2) successive years already warrant the expulsion of the said member from the Liga?

2009-211 Opinion on whether the BLISTT LGUs and the Provincial Government of Benguet, reconstituted as the BLISTT Mayors’ Forum, can transfer funds to the account of the National Economic and Development Authority-CAR as the Forum’s appointed funds manager to administer the funds for the BLIST Plan formulation, promulgation and execution
2009-216  Opinion in relation to Appropriation Ordinance for the 2009 Annual Budget of Flora, Apayao
2010-224 Whether or not the municipality can disburse funds and operationalize its projects/programs under the new budget despite the fact that the Sangguniang Panlalawigan has not yet completed its review of said budget.
c) Supervision of
2000-26

Jurisdiction Over Complaints Against Elective Barangay Officials/Investigative Power of DILG

d) Taxing Powers of Barangays
2001-02 Whether or not it is allowable or legal for barangays to collect one percent (1%) tax on the first Php 30,000.00 on stores or retailers whose gross sales exceed Thirty Thousand Pesos in the preceding year and the excess of Php 30,000.00 will be taxed by the municipality concerned?
2005-107 How would the accrual of taxes from divided taxable property be by reason of boundary points? What legal basis on this matter, if any?
2005-117 Whether or not you can impose and collect taxes on the machineries and equipment by HEDCOR
e) Authority of Barangays to Create Positions
2001-12 Whether the Barangay Government can appoint regular barangay employees pursuant to DBM LBC No. 63, dated October 22, 1996, and Executive Order No. 332, dated May 16, 1996
f) Transfer of Site
2001-19 What are the possible reasons that will justify LGU officials and employees to hold office outside the territorial boundaries of their respective political unit?
2007-170 Letter-query posing the following issues:
1) How many signatures are required for the petition to be valid?
2) What are the municipalities which will participate in the plebiscite to be conducted?
3) Is the indorsement of the provincial government of Kalinga needed before the petition is submitted to Congress?
2008-191 Is there a law which mandatorily requires a mayor to hold office at the municipal hall? If there is, please state
g) Boundary Dispute
2005-107 In the determination of boundary points between barangays, what should be the most lawful and logical basis between the presence of metes and bounds which are natural and unalterable and mere imaginary lines from a certain point to another thereby cutting into parts and residential lots as well as real estate properties?
h) Share From National Wealth
2007-146 Can the Sangguniang Bayan of Mankayan appropriate the Municipality’s share from the proceeds of the development and utilization of its National Wealth through a mere resolution and without an appropriations ordinance?
 2008-177 Is there a limitation relative to the utilization of the municipality’s share from the national wealth?
 2009-200 If the City or a private entity is utilizing our place which is tantamount to a natural resource within our jurisdiction in the conduct of “Revenue Generating Activities” are Host Barangays like us entitled to the proceeds which will be generated from the said activity? And if in case we are entitled to such proceeds, to what extent are we entitled to?
i) Training Accreditation
2000-25 If a private training institution was and is already accredited by the Civil Service Commission as per MC 9, s. 1994, is this training institution still required to secure accreditation or permission from the Department of Interior and Local Government (sic) before they could sponsor trainings/seminars?
j) Creation, Merging, Abolition, Substantial Boundary Alteration
 2007-159 Interpretation of the phrase in the local government unit or units directly affected relative to the conduct of the plebiscite in case of creation, merging, abolition or substantial alteration of the boundary of local government units (LGUs) as provided for under the Local Government Code of 1991
   

 

.