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Legal Opinions

 

LOCAL OFFICIALS, ELECTIVE
OPINION NO.
ISSUES
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a) Removal
2000-07 1. What are the procedures in relieving Hon. Quintos as a barangay kagawad?
2. What documents are to be accomplished for such relief? and
3. Who will sign the payroll for the release of his accrued honoraria in his absence?
2006-134 Letter-query: Is the Sangguniang Barangay (SB) of Butigue has the authority to terminate one of its members?
2009-202 Opinion regarding two resolutions from the Sangguniang Bayan of Flora, Apayao embodying the latter’s decision on an administrative case filed against certain barangay kagawads of Mallig, Flora, Apayao
b) Leaves/Absences
2000-09

1) Whether or not an SK Chairman and ex-officio member of the Sangguniang Bayan may file a leave of absence for one(1) year to review for a Board Exam?

2) Who is the approving authority of such leave of absence?

2002-03 Issue as to whether or not former Tinglayan Mayor Emilio Bagtang, who served from October 4, 1978 to August 30, 1986, is entitled to payment of terminal leave and other benefits due to elective local officials
2002-05

FOREIGN TRAVEL OF LOCAL OFFICIALS:

1) After three months of duly authorized travel, is he still authorized to extend his travel abroad?
2) Can I approve or disapprove his leave of absence with due consideration of the fact that he has now exceeded the three months authorized travel?
3) With my approval of his leave of absence, do I have any technical liability considering that he is staying abroad for three months now?
4) Is my approval of his leave of absence tantamount to giving him an extended authority to travel abroad?

2006-120 Opinion regarding the leave privileges of elective local officials, particularly the members of the local sanggunian
c) Term Limit
2000-11

 NATURE OF PUBLIC OFFICE; RECALL

2002-02

 

TERM LIMIT OF BARANGAY ELECTIVE OFFICIALS:

Whether or not the three-term limit as prescribed under Section 43(b) of the Local Government Code of 1991 is also applicable to elective Barangay Officials?

2004-76 Issue as to whether or not the election of Sixto Ariota, Jr. as councilor of Dolores, Abra last May 10, 2004 elections is violative of the term limit provision for local elective officials
2007-168 Issue as to whether or not Barangay Kagawad Busoy is covered by the three-consecutive term limit rule
d) Others
2001-14

ENTITLEMENT TO 13TH MONTH PAY:

Whether or not elective local officials, whose term will be ending come June 30, are
entitled to receive half of the 13th month pay

2001-18

PROPRIETY OF WAIVER OF PUBLIC OFFICE:

What is/are the effect/s of waiver and/or joint affidavit of the No. 1 and No. 2 kagawads to assume the punong barangay position in favor of Kagawad No. 3?

2001-22

VALIDITY AND EFFECTIVITY OF RESIGNATION FILED BY ELECTIVE LOCAL OFFICIALS:

1. Whether or not Mr. Pulicay is entitled to his Honoraria during his absence.
2. Whether or not SB Member Pulicay is entitled to mid-year bonus for FY 2001.

2001-24

 PROCLAMATION OF A WINNING CANDIDATE:

1) Whether or not the proclamation of Mr. Soriano by the Board of Canvassers is necessary for his right to assume office.
2) Whether or not the timely appeal filed with the Comelec stays the execution of the RTC Decision.

2007-145 Query on the provision of Section 62 (c) of the Local Government Code of 1991
2007-149 Query regarding the opinion of former Justice Isagani Cruz to the effect that a councilor is deemed resigned from his office if he runs for another position
2007-153 Query on the procedure of appointment or designation to fill up the vacuum that may arise in the municipal elective posts of the Municipality of Tineg, Abra in the event that Comelec fails to proclaim any of the winners in the just concluded May 14, 2007 elections on or before the assumption of new sets of officials in the noon of June 30, 2007
2007-165 Legal opinion on the issue as to whether or not employees of Philex Mining Corporation (PMC) meet the qualifying requirement of residency and could therefore run as Barangay Officials therein
2008-196

Administrative case filed against a municipal mayor before the Sangguniang Panlalawigan and raising the following questions, to wit:


1) After the completion of the trial on the merits of an administrative case against a local elective official (mayor), who implements the suspension ordered by the Sangguniang Panlalawigan?


2) What role does the governor have, if any, in the implementation of the decision of the Sangguniang Panlalawigan?


 

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