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Legal Opinions

 

 LOCAL SPECIAL BODIES
OPINION NO.
ISSUES
 DOWNLOAD 
2000-20

 LOCAL SCHOOL BOARD (LSB);
SPECIAL EDUCATION FUND (SEF)

1) Whether kindergarten school teachers in public elementary schools can be classified as ‘School Board Teachers’ whose salaries/wages could be drawn from the Special Education Fund (SEF); and

2) Whether kindergarten classes can be called ‘Extension Classes’.

2001-26

NGO REPRESENTATION IN THE LOCAL DEVELOPMENT COUNCIL

Whether or not organizing and convening the City Development Council (CDC) with only eight (8) representatives from the NGO sector which is way below the 25% NGO representation mandated under the Local Government Code of 1991 which is supposed to be forty-four (44) is legal.

2001-30

MEMBERSHIP BY THE ABC IN THE PLEB

1) Whether or not your term as PLEB member has expired;
2) Whether or not there is a need for a new designation/appointment; and
3) Who has the rightful authority to designate the new designate/appointee, if there is
a need for a new designation?

2003-66

Legal opinion relevant to the issue in this wise: “who (between the Sanggunian and the Local Development Council) has the authority to recommend and make resolution of
realignment?”

2004-81

Letter-query:

1) Can the unutilized balance of the 20% Development Fund be realigned to cover
salaries or wages of teachers?
2) Is the Mayor empowered to identify programs or projects funded out of the 20% Development Fund without consulting the Municipal Development Council (MDC)?

2010-226

Regarding the action of the Sangguniang Bayan (SB) of Sabangan, Mountain Province in declaring the entire Municipality “in an IMMINENT DANGER OF CALAMITY”:

1) Whether or not SB Resolution No. 2010-31, dated 16 August 2010, declaring the Municipality of Sabangan, Mountain Province in imminent danger of calamity is legal or valid.
2) Whether or not a written recommendation of the Chairman of the Municipal Disaster Coordinating Council is a pre-requisite before the declaration of “imminent danger of calamity” notwithstanding the fact that he is already aware of the situation.
3) Whether or not the Local Finance Committee has a role in the utilization of the Local Calamity Fund.

2010-228 Issue as to whether or not the Revised IRR of RA 9184 repealed or amended Section 37 of the Local Government Code of 1991 or RA 7160

 

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