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Legal Opinions

 

LOCAL OFFICIALS, APPOINTIVE
OPINION NO.
ISSUES
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a) Complaints Against/Disciplinary Action
2000-18

What is the legality of certain acts of the Municipal Budget Officer (MBO) of Bauko, Mt. Province in connection with some entries he made in a number of his DTRs and
Employee’s Leave Record?

Can this representation (DILG-CAR Regional Director) investigate the said employee
on the premise that the DILG exercises supervisory power over LGUs?

2003-64 Whether it was enough to impose on barangay treasurer a suspension memo of fifteen days without compensation and upon reinstatement,  any repetition of the offense would merit dismissal.
b) Running for Elective Position
2001-13 Whether or not a person having administrative case can run into public office
2001-15 Whether or not appointive barangay officials such as the Barangay Secretary and Barangay Treasurer be considered resigned upon their filing of their certificates of candidacy for the just concluded elections on May 14, 2001
c) Replacement/Removal
2001-31 What are the steps to be undertaken before a Barangay Secretary can be replaced
2004-77 Replacement of Barangay Treasurer on the grounds that of neither a qualified voter nor actual resident of said barangay and has been remiss of  duties
2004-79 Regarding removal as the Secretary to the Sangguniang Bayan by virtue of its Resolution without any administrative charge filed and without any administrative investigation conducted by the appropriate authority
2011-242

1) Is the action of the Officer-In-Charge, considering the fact that her position is not equivalent to a department head, in signing and preparing ordinances and resolutions for approval by this office valid and binding?

2) Is the action of the appointing authority in not appointing a qualified applicant, despite the presence of qualified applicants to the position, tenable considering the mandatory provision of the Local Government Code of 1991?

d) Benefits, Salaries, Wages
2000-13 Whether or not the salaries and wages of the government hospital personnel are included in the salary ceiling/limitation embodied under Sec. 325 of the Local Government Code of 1991?
2001-06 Who has jurisdiction over claims of benefit under RA 7305 otherwise known as the
Magna Carta of Public Health Workers?
2007-166 Advice regarding the Representation and Transportation Allowances (RATA) of department heads who are planned to be reassigned to other offices/departments and of those Officers-in-Charge (OIC) who will be designated to the concerned departments left by the reassigned heads
2008-195 Opinion regarding the claims to Representation and Transportation Allowance (RATA) of a municipal budget officer and a Clerk II, both of whom were designated to some other post or office other than their jobs by the municipal mayor
e) Appointments/Qualification
2000-04 Whether or not a Municipality can disburse government funds for the legal services of a private lawyer hired to represent it in a boundary dispute against another Municipality?
2002-12 What is the required educational attainment for the position of driver in the government service?
2003-49 Is the act of the Municipal Health Officer in pushing for the accommodation of the former barangay health workers over the newly appointed workers valid?
2004-68 Regarding a letter-complaint on the alleged nepotism against Punong Barangay
2004-71 Letter request for DILG to “take appropriate action by ordering a status quo” so that further problem will be prevented for the good of constituents
2005-104

Legal opinion relative to a problem confronting the Sangguniang Bayan:

Whether or not an SB Secretary can validly and legally continue working in the Sangguniang Bayan even after the election of her husband as Vice Mayor and Presiding Officer of the SB?

2007-147 Letter-query relative to the status of the appointment of the Barangay Secretary and the Barangay Treasurer without the concurrence of the majority of the members of the Sangguniang Barangay
2007-148

Whether or not the Barangay Treasurer can be replaced by the Punong Barangay without the concurrence of the majority of all the members of the Sangguniang Barangay.

2007-166 Advice regarding the Representation and Transportation Allowances (RATA) ofdepartment heads who are planned to be reassigned to other offices/departments and of those Officers-in-Charge (OIC) who will be designated to the concerned departments left by the reassigned heads
2011-242 Is the action of the appointing authority in not appointing a qualified applicant, despite the presence of qualified applicants to the position, tenable considering the mandatory provision of the Local Government Code of 1991?
f) Powers and Functions
2006-122 Whether or not the Municipal Accounting Office has the authority and power whatsoever to include its personnel among the members of the inspection team that would inspect infrastructure projects and purchases of supplies by the component barangays?
2009-213 Can the Municipal Accountant prescribe verbally requirements to the approve Municipal Ordinance which already implemented for six months?
2011-242

Letter-query regarding the following issues:

1) Is the action of the Officer-In-Charge, considering the fact that her position is not equivalent to a department head, in signing and preparing ordinances and resolutions for approval by this office valid and binding?
2) Is the action of the appointing authority in not appointing a qualified applicant, despite the presence of qualified applicants to the position, tenable considering the mandatory provision of the Local Government Code of 1991?


 

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