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Legal Opinions

 

ORDINANCES / RESOLUTIONS
OPINION NO.
ISSUES
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a) Approval and Review
2001-10

 PROCESS OF APPROVAL AND REVIEW OF AN ORDINANCE;
ENFORCEMENT PENDING REVIEW

Is the sanctioning of contracts entered into by and between a Municipal Mayor of La Trinidad, Benguet and various contractors for the implementation of projects, funds of which are to be sourced out from the 20% MDF of the 2001 Annual Budget of that municipality which is still pending review and approval before the Sangguniang Panlalawigan proper?

2003-50

 Letter-query regarding the following issues:

1) Is Trancoville Barangay Tax Ordinance No. 01-02, series of 2003, deemed approved?

2) Can a barangay ordinance be deemed approved even if it is not consistent with existing laws and ordinances?

3) Does the 30-day period stop to run when a barangay ordinance is referred to a committee or to another office for study, comments and recommendation? Is there failure to act on the part of the City Council when the committee or office does not submit its comments and recommendation?

4) What is the effect of transmitting the barangay ordinance of Trancoville Barangay enacted on 13 January 2003 to the City Council on 09 June 2003 considering that barangay ordinances are supposed to be transmitted within 10 days from its enactment to sangguniang panlungsod concerned?

5) Whether or not barangays can impose tax rates higher than that imposed in the Tax Ordinance of the City of Baguio.

2004-73

 Letter-query regarding the following issues:

1) “Whether or not a member of a Sangguniang Bayan is administratively liable under existing applicable laws for deliberate refusal to sign an appropriation ordinance that is unanimously and duly approved by majority of all the members of the same.

2) Whether or not this deliberate act constitute a betrayal of public trust. Public trust being the primordial consideration that an elected official is supposed to uphold during their term as representatives of their constituency.”

2009-207 1) Whether or not an existing vacant position can be validly converted through Sangguniang Bayan Ordinance/Resolution to some other position deemed more important for local government’s operations;
2) Whether the conversion through SB ordinance/resolution is possible without bringing the matter to the Sangguniang Panlalawigan for further approval since it was a part of the previously reviewed and approved appropriation ordinance under the General Annual Fund Budget.
b) Validity, Legality, Effectivity
2003-50

 Letter-query regarding the following issues:

1) Is Trancoville Barangay Tax Ordinance No. 01-02, series of 2003, deemed approved?

2) Can a barangay ordinance be deemed approved even if it is not consistent with existing laws and ordinances?

3) Does the 30-day period stop to run when a barangay ordinance is referred to a committee or to another office for study, comments and recommendation? Is there failure to act on the part of the City Council when the committee or office does not submit its comments and recommendation?

4) What is the effect of transmitting the barangay ordinance of Trancoville Barangay enacted on 13 January 2003 to the City Council on 09 June 2003 considering that barangay ordinances are supposed to be transmitted within 10 days from its enactment to sangguniang panlungsod concerned?

5) Whether or not barangays can impose tax rates higher than that imposed in the Tax Ordinance of the City of Baguio.
2003-53 Whether or not Resolution No. 146-2003 adopted by the Sangguniang Bayan of Bakun on July 21, 2003 entitled “ADVISING THE MUNICIPAL TREASURER NOT TO RELEASE UNTIL FURTHER NOTICE THE SHARE OF THE BARANGAYS FROM THE NATIONAL WEALTH TAX FOR 2002 PENDING RESOLUTION OF THE SHARING ISSUE RAISED IN JOINT RESOLUTION NO. 01, S. 2003 OF THE BARANGAY COUNCILS OF KAYAPA, POBLACION AND SINACBAT” is valid.
2004-87 Can the Municipal Accountant of Hungduan prevent the implementation of a Sangguniang Bayan Resolution, duly approved by the Municipal Mayor, granting financial assistance chargeable from (the) 5% calamity fund to the families of two men who met a car accident and were found dead in the river after three days?
2006-126 Legal opinion on whether or not the Decision of the Regional Trial Court of Lagawe, Ifugao to the effect that the local chief executive may use all the calamity funds when there is a declaration by the SB that the area is under state of calamity is valid.
2006-128 Legal opinion relative to the alleged non-implementation by the Provincial Governor of Benguet of an appropriation ordinance emanating from the Sangguniang Panlalawigan of Benguet and the issuance of an Executive Order by the Governor for the temporary closure of the Irisan Bridge along Asin Road, Tuba, Benguet.
2006-135 Issues relative to the Code of General Ordinance of your Municipality which are rephrased hereunder, to wit:
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?
2006-136 Comment/opinion on the validity of the action of some members of the Sangguniang Bayan (SB) of Municipality to consider as present those who were actually absent during the SB’s regular session
2006-140 Can the Sangguniang Panlalawigan through a resolution strongly endorse a mere citizen who is not inclined to politics and never a member of any political party, superseding and overriding the above provision of the law that the appointee shall be from the same political party as that of the sanggunian member who caused the vacancy?
2006-141

Clarification on the legality of Section 11, Chapter II of the Benguet Revenue Code of 2005, specifically, the last paragraph thereof as hereunder quoted:

“The above-mentioned discount shall only be granted to properties without any delinquency.”

2007-158 Clarification on the validity of the proposed resolutions of the Sangguniang Panlungsod (SP) of Baguio covering the following subjects:
1) Creation of a 3-year Budget Preparation Committee
2) Expansion of the Local Finance Committee (LFC) to include three (3) members of the SP and one (1) government sector
2008-175 Opinion on the legality or validity of Resolution No. 2008-01 of the Sangguniang Bayan (SB) of Rizal, Kalinga recognizing Hon. Benjamin Barroga instead of Hon. Rogelio D. Lawad, as the duly elected President of the Association of Barangay Captain of the said Municipality
2008-177

Use of the share of the local government units in the proceeds derived from the utilization and development of national wealth:

1) Can a resolution serve as a legal basis for the granting of the aforementioned employee’s benefit?
2) Is there a limitation relative to the utilization of the municipality’s share from the national wealth?

3) Is the amount of thirty thousand pesos (P 30,000.00) plus two (2) months salary granted as additional incentive and educational assistance to all regular employees of the municipality government including the members of the Sangguniang Bayan reasonable and just?

4) Is the granting of additional incentive and educational assistance subject to budgeting limitations on personal services?

5) Can the members of the Sangguniang Bayan who passed Resolution No. 2007-205 avail of the benefits embodied therein even if it is self-serving?

2008-179

Opinion on the scope or applicability of Municipal Ordinance No. 2005-03 entitled:

“An Ordinance Requiring Prior Authorization from the Sangguniang Bayan of Tublay, Benguet Before its Local Chief Executive Enters Into a Contract For and In Behalf of the Municipality of Tublay, Benguet and Providing Guidelines Thereof” which was enacted by the Sangguniang Bayan of your Municipality

2008-181 Issues in relation to an SB resolution abolishing two (2) plantilla positions under the Office of the Municipal Mayor: whether the act of the Sangguniang Bayan in abolishing the two plantilla positions under the Office of the Mayor is valid or not.
2008-183 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
2008-188 Comment on the four (4) ordinances enacted by the sangguniang barangay of Kaleo, Barlig, Mt. Province, as follows:
1) Resolution/Ordinance No. 10 S. 2008, “A Resolution/Ordinance Imposing Fines/Penalty/ies to Trespassers”;
2) Resolution/Ordinance No. 16 S. 2008, “A Resolution/Ordinance Fining/Penalizing a person of non-payment of penalty”;
3) Resolution/Ordinance No. 18 S. 2008, “A Resolution/Ordinance Meting Out/Penalizing a Person for Breach of Verbal Contract”;
4) Resolution/Ordinance No. 20 S. 2008, “A Resolution/Ordinance Fining a Person Causing Alarm and Scandal”.
2011-236 Opinion on the issue as to whether or not the Resolution passed by the Sangguniang Bayan (SB) of Bucay, Abra which was signed or approved by five (5) SB members only is a valid authorization for the Mayor or local chief executive to enter into a contract of loan with the Land Bank of the Philippines (LBP)
c) Amendment/Enforcement
1999-15

AMENDMENT RE: ORDINANCE

Whether or not these "alternatives" are valid or legal:
a) Amend the existing Ordinance. Do we need another three (3) public hearings?
b) Formulation of Implementing Rules and Regulations for the said Ordinance. If this is valid, is there a need for a public hearing? Who should formulate? What is the process?
c) The Sangguniang Bayan to amend (if valid) Resolution No. 96-52 and provide therein mechanics of implementation.

2006-135

Issues relative to the Code of General Ordinance of your Municipality which are rephrased hereunder:

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?

2008-197 Clarification on what actions to take if the Sangguniang Bayan of municipality proceeds to override veto on municipality’s Supplemental Budget for 2008
2009-201 Letter-query seeking court’s intervention, to prevent the implementation of Municipal Ordinance No. 04 series of 2008 of Besao, Mountaing Province entitled “An Ordinance Prohibiting Collection and Transporting of any Forest Product from the Forests and Mountains of Besao, Mountain Province without securing Permit from the Local Government Unit of Besao, Mountain Province”, which is contrary to the provisions of P.D. 705, as amended, or the Revised Forestry Code ofthe Philippines, and R.A. 7586 or the NIPAS Act of 1992.

 

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