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Legal Opinions

 

MAYOR
OPINION NO.
ISSUES
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a) Powers, Duties, Functions
1999-04

 SUCCESSION: TEMPORARY VACANCY

1) Can the Mayor authorize a person as OIC Mayor for more than three (3) days since he is out of town attending a 2-month seminar?
2) Can the Vice Mayor assume the powers and functions of the Mayor on the fourth day despite the fact that the authorization given to the OIC covers a period of more than three (3) days?
3) In case the Mayor has authorized an OIC for only three (3) days, can he issue another authorization on the fourth day through telegram or phone call since he is still out of town?
4) Can the Mayor authorize any official of the LGU to act as OIC Mayor aside from the elective officials ?

1999-22

ON THE POWERS, FUNCTIONS & DUTIES OF A MAYOR:

1) Whether or not the mayor can enter into a contract without an authorization from the municipal council?

2) Whether or not the mayor can spend the Calamity Fund of the municipality for per diems instead of being appropriated by the municipal council for rehabilitation of damaged communal irrigation, municipal roads, or water systems?

3) Whether or not the mayor is liable for not submitting the budget for the ensuing year on or before October 16th of the current year?

2000-14

TRAVEL ORDERS:

1) Whether or not a Travel Order signed by the Municipal Vice Mayor authorizing the
Municipal Budget Officer to travel outside the latter’s station valid?

2) If the answer to the first query is in the negative, what offense, if any, is committed;
who should file an action in relation thereto and where should the action be filed?

3) If the Travel Order in the first query is not valid, what is its effect to the per diems
collected in relation to such travel?

2000-15 Whether or not a Memo No. 112-2000, Re: Issuance of Travel Orders, issued by Hon.
Nestor B. Fongwan, Municipal Mayor, La Trinidad, Benguet, is legal
2001-04

AUTHORITY TO TRAVEL:

Whether or not Memorandum Order No. 2000-044 of 11 December 2000, issued by Mayor Marcelo V. de la Cruz of Rizal, Kalinga, requiring travel orders of Sangguniang Bayan members and other personnel of the municipality to be coursed through the office of the Municipal Mayor, is proper

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?

2003-44

Letter-query seeking opinion on the following issues:

1) Whether or not your appointment by the Mayor as Punong Barangay of Butigue,
Paracelis, Mountain Province is valid; and
2) Whether or not the Mayor, as the appointing authority, can revoke your
appointment.

2003-47

Query regarding the coverage of Memorandum Orders issued by the Mayor affecting all the employees and officials referring to Memorandum Order No. 6-2003 issued by Mayor Louis Claver on January 23, 2003 to monitor closely the travels of employees/officials outside of the municipality:

1) Who are covered by the particular memorandum order?

2) Does the SB have to pass a resolution in support of this memorandum order and others of similar nature before the SB members and SB staff will comply?

2004-81

Letter-query on the following issues:

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)?

2004-88 Legal opinion regarding the Tinoc Multi-purpose Building funded by the Priority Development Assistance Fund (PDAF) of Congressman Solomon Chungalao of the Province of Ifugao
2005-91 Regarding the power of the Vice Mayor to approve the vouchers and payrolls of the salaries of the members and other employees of the Sangguniang Bayan (SB)
2005-96 Legal opinion as to whether or not Executive Order No. 09, s. 2005 issued by Mayor Manalo B. Galuten on March 7, 2005 suspending work and classes in connection with the 92nd Foundation Day Celebration of Mankayan is legal or valid
2005-108 1) Whether or not a Mayor have the authority to implement the penalty imposed upon Punong Barangay
2) Whether or not the highest-ranked Barangay Kagawad would assume the office of the Punong Barangay
3) Can the Municipal Mayor administer the oath of office of the highest ranked Barangay Kagawad before he assumes the office of the Punong Barangay
2005-119

Legal opinion concerning the veto power of the City Mayor and the power of the Sangguniang Panlungsod to override such veto:

1) Is there a need for an explanation from the chamber of legislators as to why veto override option was exercised?

2) Concomitantly, would it not be arbitrary for the City Council to override a veto without any explanation thereto?

3) Since a resolution (as compared to an ordinance) is merely an “expression” of the City Council, bearing no force of law, may it be disregarded as it is without the exercise of veto powers or set aside by the Chief Executive despite an override?

2006-131 Opinion regarding powers of local chief executives, specifically the Municipal Mayors, to issue executive orders for the proper enforcement or implementation of laws and ordinances
2006-135

Issues relative to the Code of General Ordinance (CGO) of a Municipality:

1) Is there need to formulate the Rules and Regulations Implementing (IRR) of the entire Code of General Ordinance (CGO) before said CGO could be implemented?
2) Considering that the composition of the Personnel Selection Board (PSB) was already provided for under Section 18 of the Code of General Ordinance, is there still need for the local chief executive (LCE) to issue an Executive Order to organize the said PSB?
3) With regard to the composition of the Grievance Committee, which will prevail between the Resolution of the Sangguniang Bayan during the past administration and the Executive Order of the incumbent Mayor?

2007-143 Letter-query 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
2007-155

1) Whether or not the Sangguniang Bayan (SB) could enact and adopt ordinances and resolutions or transact businesses despite the fact that there is no proclaimed Vice Mayor and the 8th SB.

2) What will be the extent of the powers and functions of the acting Vice Mayor?

3) Whether or not the Municipal Mayor can suspend the implementation of a dulyapproved ordinance by virtue of an Office Order.

2007-157 Whether or not a Municipal Mayor, being the one who will issue the Executive Order (EO) reorganizing the Municipal Development Council (MDC) of Itogon, Benguet, could appoint to the said Council a member of the Committee on Appropriations in lieu of the Committee Chairman
2007-174

1) What is the effective extent of a resolution or legislative action where the presiding officer did not sign the same against the unanimous approval of the sangguniang bayan members?

2) Whether authority for official travels of officials and employees of the Sangguniang Bayan whose manner of appointment are within the powers of the vice mayor as specifically provided by law should still come from the mayor?

3) What office has general supervision over the PLEB fund, should it be the Sangguniang Bayan or the Mayor?

2008-178 Regarding the validity and interpretation of Memorandum No. 02, S of 2008 which was issued by Hon. Mayor Jonathan Magno Cuyahon of Kiangan, Ifugao, designating his Vice Mayor as the Officer-in-charge (OIC) of the Municipality effective May 12, 2008 in view of the fact that the Mayor will be traveling out of the country
2008-180 Whether or not the Municipal Mayor of Peñarrubia will not be held liable if she “resists” from approving the leave of Hon. Jessie Bagay, Punong Barangay (PB) of Namarabar, Peñarrubia, Abra who filed his three-month leave of absence for Australia starting March 2008 and while still there is now applying for an extension of his leave for another three months
2008-189

Issues relative to the implementation of your Municipality’s 20% Development Fund quoted hereunder as follows:

Is it lawful for a Chief Executive to instruct concerned department heads to program or process a lesser amount of project cost than its approved appropriation (e.g. the approved appropriation is P48,000, however the Chief Executive instructed that the project cost/program of work will be 33, 889.89)?

If no, what is the liability of the Chief Executive under the law? If yes, on what legal grounds can he do so? Will not said action constitute a violation of the appropriation ordinance and abuse of authority by the Chief Executive?

2008-191

Opinion relating to a mayor holding office outside the municipal hall which is now subject to an administrative case pending with the Sangguniang Panlalawigan (SP) of Abra, specifically on the following issues:

1) Is there a law which mandatorily requires a mayor to hold office at the municipal hall? If there is, please state.
2) In the affirmative, are there exemptions to question number 1? If there is please state.
3) In the affirmative. What is the penalty for willful failure to hold office at the municipal hall for almost a year?
4) Where is the municipal hall or “seat of power” of Tineg, Abra.

2008-197 Clarification on what actions you should take if the Sangguniang Bayan of your municipality proceeds to override your veto on your municipality’s Supplemental Budget for 2008
2009-203 Opinion regarding a Memorandum issued by a municipal mayor re: “Authority of Official Travel outside the municipality of Municipal Officials and Employees for a Period not exceeding Thirty (30) days”
2009-212 Opinion as to whether or not Local Chief Executives (Punong Barangay, Mayor & Governor) are authorized to possess and carry firearms within their territorial jurisdiction without a permit to carry firearms outside of residence (PTCFOR)
2010-227 Who is the approving authority of the leave of absence, travel orders, itinerary of travel of sangguniang bayan (SB) members and SB staff or personnel as well as the disbursement vouchers covering the expenses of the SB?
b) Vacancy
1999-04

SUCCESSION: TEMPORARY VACANCY

1) Can the Mayor authorize a person as OIC Mayor for more than three (3) days since he is out of town attending a 2-month seminar?

2) Can the Vice Mayor assume the powers and functions of the Mayor on the fourth day despite the fact that the authorization given to the OIC covers a period of more than three (3) days?

3) In case the Mayor has authorized an OIC for only three (3) days, can he issue another authorization on the fourth day through telegram or phone call since he is still out of town?

4) Can the Mayor authorize any official of the LGU to act as OIC Mayor aside from the elective officials ?

2002-26 Opinion on the issues presented by Vice Mayor Edwin Crisologo, Sr. of Tineg, Abra who automatically assumed the Office of the Mayor due to the latter’s temporary incapacity as a result of his suspension for a period of sixty (60) days
2002-29 Whether or not Acting Mayor Edwin Crisologo, Sr. could officially transact business with LBP-Abra
2008-184 Legal opinion relative to the permanent vacancy in the Office of the Municipal Mayor of Luna, Apayao that arose due the recent demise of Mayor Bienvenido G. Verzola, Jr. on June 23, 2008
2010-222 Opinion as to whether or not a Local Chief Executive (LCE) who is confined in a hospital in Manila, and therefore considered on sick leave, could still continue to approve disbursements and sign checks of the Municipality
d) Others
1999-03

SALARY OF ACTING MAYOR

Whether or not the Acting Mayor, Hon. Adelaida B. Agcongay, of Lagangilang, Abra, is entitled to receive the remuneration attached to the Office of the Mayor by virtue of her actual exercise of the duties and responsibilities of the said Office?

2001-03

DELEGATION OF ADMINISTRATIVE FUNCTIONS

Whether or not Office Order No. 2001-08 dated February 8, 2001, issued by Mayor Basilio A. Wandag of Tabuk, Kalinga conferring authority upon Hadji B. Wandag, Executive Assistant to sign for and in behalf of the Mayor certain documents, papers or instrument whenever he is out of the office attending to other official concerns, is valid and enforceable

2004-88 Legal opinion regarding the Tinoc Multi-purpose Building funded by the Priority Development Assistance Fund (PDAF) of Congressman Solomon Chunaglao of the Province of Ifugao
2009-206 Legal opinion on whether a contract of services entered into by the Hon. Reinaldo A. Bautista, Jr., Mayor, City of Baguio, in behalf of the City Government, and a private contractor is covered by the provision of Sangguniang Panlungsod Internal Rules and Procedure of Baguio City requiring prior authority of the Sangguniang Panlungsod before the local chief executive can enter into contracts

 

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