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Legal Opinions

 

PAYMENT OF SALARIES / STEP INCREMENTS / BENEFITS
OPINION NO.
ISSUES
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2000-13

 DEFINITION OF ‘PUBLIC UTILITIES’; SALARIES AND WAGES OF GOVERNMENT HOSPITAL PERSONNEL

1) What is the definition under the law of the term “Public Utilities?
2) Whether or not a public hospital is considered a public utility considering that it is a service-oriented facility?
3) 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?

2001-05

 PAYMENT OF SALARIES PENDENTE LITE

Whether or not Atty. Rommel W. Diasen, et al. are entitled to claim their salaries from February 24, 2000 to November 22, 2000 in light of the SC’s issuance of a Status Quo Ante Order

2001-11

 PROHIBITED ACTS BEFORE AND DURING ELECTION

Whether or not the payment of Salary Step Increment pursuant to RA 6758 is covered by the provision of Sec. 261, Comelec Resolution No. 2333 prohibiting the giving of any increase or remuneration or privilege to any government official or employee

2002-07 Clarification whether or not a Punong Barangay is entitled to a monthly salary as ex-officio member of the Sangguniang Barangay
2002-14 Whether or not a Provincial Chapter President of the Liga ng mga Barangay and Ex-officio member of the Sangguniang Panlalawigan, is still entitled to receive full salary this July 2002
2003-54 Is former SBM Danilo Agaloos entitled to received (sic) his salaries and benefits from Jan. 2001 to June 2001. If the answer is in the AFFIRMATIVE, what agency will be held responsible thereto. (sic) The LGU PILAR or the DOJ?”
2004-83 Legal opinion on whether or not Sangguniang Panlalawigan Members of Kalinga are entitled to salaries from the day of their assumption to office on June 30, 2004 up to your official proclamation on July 27, 2004
2008-177

Letter-query regarding the 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 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?


 

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