Legal Opinions

Created on Friday, 08 March 2013 02:25
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20% DEVELOPMENT FUND
OPINION NO.
ISSUES
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What is the extent of the participation of the legislative body (Sangguniang Panlalawigan) regarding the allocation of the 20% Development Fund as manifested in the Annual Investment Plan (AlP), considering the fact that the said AIP is already approved and adopted by the Provincial Development Council?
 
Will DILG MC 95-216 be violated if a portion of the Development Fund is appropriated as aid to national high schools for the payment of personal services/salaries of their teachers?
 
2002-02

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?

 

2003-61 Whether or not the usage or realignment of unused 20% Development Fund that was accumulated since calendar year 1999 for socio-economic project as a starting capital of the proposed Micro Financing Project to establish under Republic Act 9178 otherwise known as the Barangay Micro Business Enterprise Law of 2002  
2004-78 Regarding  the use of the two percent (2%) Engineering and Administrative Overhead (EAO) for the purchase of a service vehicle for monitoring of projects implemented under the 20% Development Fund of a Municipality  
2004-81
Can the unutilized balance of the 20% Development Fund be realigned to cover salaries or wages of teachers?
2004-84

Whether or not the 20% Development Fund may be used to pay the honoraria of DepEd elementary school teachers

 
2005-95 Whether or not the use of municipality of its 20% Development Fund to cover the funding requirements of the additional positions proposed by the Mayor to be created is in accordance with existing guidelines or rules and regulations governing the utilization of the 20% Development Fund  
2006-130 Use of 20% Local Development Fund (LDF) to pay the salaries of certain personnel hired to implement various development projects of municipality and barangays  
2011-234 Utilization by the Province of its 20% Provincial Development Fund for Loan Amortization  
2011-237 Issue as to whether the proposed completion of a Municipal Hall thru loan financing to be amortized out of the 20% Development Fund would violate DILG Memorandum Circular 2010-138  

 


 

 ANNUAL INVESTMENT PLAN
OPINION NO.
ISSUES
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2000-17
With the passage of EO 189 as implemented by LBC 70 issued by the DBM, which shall now prevail regarding the Annual Investment Plan of an LGU, is it the provisions of said EO or the provisions of the Local Government Code of 1991?
 

 


 

  BARANGAY OFFICIALS
OPINION NO.
ISSUES
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a) Preventive Suspension
Whether or not the Sangguniang Bayan can recommend to the Mayor the preventive suspension of a barangay official in its capacity as a quasi-judicial body?
 

Whether or not the case filed with the Sangguniang Bayan should be dismissed on such grounds as invoked by the respondent barangay officials?

 
b) Benefits
1999-14
Whether or not a barangay official can reimburse his expenses from barangay funds for medicines he purchased from private drugstores due to the unavailability of the said medicines in the government hospital/clinic where he was treated/confined?  
2001-32

Is devolution or financial instability of the hospital or provincial government a valid ground for denial of such benefits?

 
2005-106 Regarding the free medical benefits of barangay officials under Section 393 (b)(3) of the Local Government Code of 1991 (RA 7160)

 

2007-173 Whether or not barangay officials are limited only to avail themselves of free medical care benefits once a year during their incumbency despite availability of barangay funds as provided for under Section 393 (b) (3) of RA 7160, otherwise known as the Local Government Code of 1991  
2001-23 Whether or not the total number of years of a former barangay official can be credited as a service in computing his/her retirement benefits when he/she retires as
a government employee.
 
2004-89 Legal opinion regarding the educational benefits of barangay officials as well as their legitimate dependents under the Local Government Code of 1991 (RA 7160).  
2004-90 Legal opinion regarding the educational benefits of barangay officials as well as their
legitimate dependents under the Local Government Code of 1991 (RA 7160)
 
2008-192 Opinion relative to the educational benefit for barangay officials and their legitimate dependents  
2008-193 Opinion on the legality of the Institutional Policy on the BSU-LGU study grant
2011-238 Who is the appointing authority of Barangay Secretaries, Treasurers and Tanods?
c) Powers and Functions
1999-19 Double compensation for being a Barangay Health Worker at the same time a Day Care Worker
2003-63 Opinion relative to the allocation of the 10% SK fund wherein the Punong Barangay and members of the barangay council was planning to appropriate some amount (from the 10% SK funds) to augment the construction of the Barangay Health Center
2008-176

Is the Punong Barangay allowed by law to contract with the city government for contracts that will be implemented in barangays other than his barangay?

d) Absences, Leaves
2001-17

What necessary legal action, if any, is available against a PB who is no longer attending to his office as Punong Barangay and as an ex-officio member of the Sangguniang Bayan after the issuance of the warrant of arrest against him for the crime of Robbery with Homicide?

2001-29

How many days of leave of absence are barangay officials entitled to enjoy in a term?

2002-08  Entitlement to honorarium as Punong Barangay who went on sick leave
2002-17

Whether or not payment of terminal leave still applies to outgoing appointive or elective barangay and SK officials.

2002-31 Issue as to whether or not elective barangay officials are entitled to leave credits
2003-35 Entitlement of the barangay treasurer and barangay secretary to leave privileges
2005-93

Is the Punong Barangay entitled to receive the honorarium due him as such during his leave of absence?

2006-138 Relative to the continued absence without official leave of Punong Barangay: whether or not a highest-ranked member of a Sangguniang Barangay is still in an acting capacity as Punong Barangay
2008-180 Whether or not a Municipal Mayor will not be held liable if he/she “resists” from approving the leave of Punong Barangay who filed his/her three-month leave of absence for abroad and while still there is now applying for an extension of his/her leave for another three months
e) Succession
2001-18 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?
2002-16

Whether or not the highest ranking Sangguniang Barangay Member would succeed to the Office of the Punong Barangay after the incumbent Punong Barangay, who is seeking re-election unopposed, died in a vehicular accident before the just concluded July 15, 2002 Synchronized Barangay and SK Elections?

2005-112

When shall be the effectivity of the suspension of the Punong Barangay as well as the assumption of the highest ranked Kagawad as Acting Punong Barangay

2006-121

Can the Municipal Mayor appoint the wife of the deceased Barangay Captain as Barangay Captain, assuming that the number one Barangay Kagawad refused to assume office and so with the succeeding Barangay Kagawad down the line?

2009-204

In the absence of Kagawad, who is on leave, is the number two kagawad authorized to assume and discharge the functions of the Barangay Chairman?

2010-229

If the highest ranking sanggunian barangay member and the other succeeding sangguniang barangay members refuse to assume in the Office of the Punong Barangay, what will be the effect to them?

f) Honorarium
1999-06

Whether or not it is legal for the Barangay Captain to withhold the honorarium of a Councilman who has not attended sanggunian sessions?

2002-08 Entitlement to honorarium of Punong Barangay who went on sick leave
2003-32 Clarification about the rules with regards to the monthly honoraria of barangay officials
2005-92 Letter-query regarding the refusal of both Punong Barangay, who is presently under suspension, and the newly-installed Acting Punong Barangay to sign or approve the documents for honoraria, other benefits and other expenses of barangay for the entire year
2005-93

Is the Punong Barangay entitled to receive the honorarium due him as such during his leave of absence?

2005-110 Undated letter-query on even date regarding deductions made by the Punong Barangay from honoraria for the month of April 2005
g) Complaint Against/Disciplinary Action/Administrative Case
2003-56 Opinion regarding a legal problem encountered concerning the discipline of an elective barangay official
2004-77 Replacement of Barangay Treasurer on the grounds that he/she is neither a qualified voter nor actual resident of said barangay and that he/she has been remiss of his/her duties
2005-110  Punong Barangay's deduction of SB Member's Honoraria due to absence
2006-125

Whether or not the alleged refusal of Punong Barangay to fulfill his obligation as agreed upon in the amicable settlement can be a ground for a disciplinary action against him

2009-202 Opinion regarding two resolutions from the Sangguniang Bayan embodying the latter’s decision on an administrative case filed against certain barangay kagawads
2011-235 Legal opinion whether or not the response or opinion of DILG-CAR Regional Legal Counsel can be a basis in dismissing the administrative case against certain elective barangay officials filed before the Sangguniang Bayan (SB)
h) Appointment
2006-121 Can a Municipal Mayor appoint the wife of the deceased Barangay Captain as Barangay Captain, assuming that the number one Barangay Kagawad refused to assume office and so with the succeeding Barangay Kagawad down the line?
2006-124

Issues on the appointment of a Barangay Bookkeeper and Barangay Engineer:


1) Who will appoint the qualified applicant, is it the Municipal Mayor or the President of the Association of Barangay Captains?


2) Who are qualified for that position? Licensed professional or civil service eligible?

2007-147 Relative to the status of the appointment of the Barangay Secretary and the Barangay Treasurer without the concurrence of the majority of the members of the Sangguniang Barangay
2007-148 Whether or not the Barangay Treasurer can be replaced by the Punong Barangay without the concurrence of the majority of all the members of the Sangguniang Barangay
2007-171 Whether or not the candidate who lost in both the May national and local elections and the October synchronized Barangay and SK Elections could be appointed as Barangay Secretary or Treasurer
2008-185 Issue whether it is mandatory for a new punong barangay to issue an appointment to the incumbent barangay secretary who was appointed by the previous punong barangay
2011-238 Issues concerning the administration of the Barangay:
1) Who is the appointing authority of Barangay Secretaries, Treasurers and Tanods?

2) What are the benefits of the same appointive officials?
i) Qualifications
2011-238 What are the qualifications of the said appointive barangay officials?

 


 

COMELEC DECISIONS
OPINION NO.
ISSUES
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2001-08 Who is the real Municipal Mayor of Danglas, Abra with whom we should honor, recognize and deal in transactions with the Municipality

 


 

DILG CONCERNS
OPINION NO.
ISSUES
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1999-16 Whether or not MC 99-64 applies to seminars or conventions conducted by associations of government employees, professionals, or officials such a PAGBA, AGCPA, PLEASES, ABBCCR, REGATA, 4-L, PCL, etc., considering that the members of such organizations are exclusively government personnel?  
2003-41 DILG Memorandum Circular No. 94-185 dated October 20, 1994 entitled PROVIDING A MODEL GUIDELINES, RULES AND REGULATIONS GOVERNING LGU-FUNDED INFRASTRUCTURE PROJECTS  
2010-221

 Issues relative to the electrification of barangay:

1) Whether or not DILG has direct involvement in the implementation of the electrification project including setting up measures to curb irregularities and to protect the interests of the beneficiaries.


2) Whether or not a Certificate of Acceptance is required from the affected barangays, through the Liga President as per Section 524 (a & b) of the Local Government Code of 1991.

 

 


 

Double Compensation/Dual Positions in Government
OPINION NO.
ISSUES
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1999-19 Whether or not there is double compensation for working as Barangay Helath Worker at the same time a Day Care Worker
1999-20

Whether or not such SK Chairman, as an ex-officio member of the Barangay Council, is entitled to practice his profession?

 
2000-08

What is the meaning of the word “DOUBLE COMPENSATION” as applied in the government service?

 
2002-22

1) Is it legal for a CAFGU member or a Barangay Health Worker (BHW) to remain as such when he/she is already an elected barangay official? If yes, is he/she entitled to receive remuneration from both positions? If not, what position shall he/she be entitled to retain?

2) Is it legal for a casual teacher of a state college to remain in his position when he is already an elected barangay official?

 
2002-30

1) Whether or not the Elected ABC President and SK Federation President who are ex-officio members of the sangguniang bayan and are receiving their salary and RATA as such, can also receive their allotted honorarium as barangay officials.

2) Can elected barangay officials, be a member of the CAFGU and again receive honorarium as such? How about elected ABC President?

 
2003-60

Stand of DILG regarding double compensation or dual position for being a Barangay Health Worker and Member of the Lupong Tagapamayapa

2005-105

Legal opinion relative to possible designation as Municipal Administrator without any salary and any other compensation

2007-144 Issue as to whether or not the Sangguniang Kabataan (SK) Chairman could be appointed as researcher on a Job Order basis at the Office of the Municipal Vice Mayor
2009-209 Issue of whether or not Barangay Kagawads can be employed in other government agencies or its subsidiaries and to receive compensation, aside from being kagawads with compensation from the Barangay.
2010-225 Opinion on the prohibition on double compensation/dual position applies in the case of a Barangay Kagawad who is also employed with the Benguet Electric Cooperative (BENECO) working eight (8) hours a day from Monday to Saturday

 


 

ELECTION
OPINION NO.
ISSUES
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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.

2001-13

EFFECT OF ELECTION INTO OFFICE ON PENDING ADMINISTRATIVE CASE:

Whether or not a person having administrative case can run into public office

2003-42

1) What is the effect of the Notice of Appeal by a Candidate to the Comelec-Manila on the Municipal Trial Court?

2) Do an MLGOO have the authority to implement said Writ of Execution which orders him/her to proclaim the Protestant as the duly elected Punong Barangay?

2004-74

Issue as to who should be invited to represent a Municipality to the Vice Mayor’s League, Provincial Chapter Elections

2007-165

Legal opinion on the issue as to whether or not employees of Mining Corporation, which is located in barangay, meet the qualifying requirement of residency and could therefore run as Barangay Officials therein


 


 

LIGA NG MGA BARANGAY
OPINION NO.
ISSUES
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a) Succession
2001-16

Whether or not the Executive Vice President of the Liga Municipal Chapter, would automatically succeed, like what happened in the case of former Provincial Liga EVP, to the vacant office of the President of said Liga and thus be the ex-officio member of the Sangguniang Bayan

2003-39

Whether or not, being elected as the President of the Liga ng mga Barangay in the Provincial Level automatically vacates his position as the President of the Liga ng mga Baragay in the Municipal Level

b) Membership to PLEB

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?

2002-04

 RE: MEMBERSHIP IN THE PLEB

1) Whether or not the one-year ban on appointment imposed on candidates who lost in any election is applicable in the selection or choice of members to the PLEB.

2) Whether or not the City Vice Mayor is eligible to represent the Sangguniang Panlungsod (SP) in the PLEB.

c) Temporary Vacancy

2002-07

Letter-query for Acting President of the Liga ng mga Barangay re: Entitlement to a monthly salary as ex-officio member of the SB

d) Term of Office

2002-14

Request for DILG Opinion as to whether or not as Provincial Chapter President of the Liga ng mga Barangay and Ex-officio member of the Sangguniang Panlalawigan are still entitled to receive full salary

2005-109

Consequences of the possible postponement of the Barangay Elections this coming October on the ex officio membership of the concerned officials of the Liga ng mga Barangay and the SK Federation

e) Salaries/Benefits/Honorarium

2002-28

Whether or not the opinion of the other members of the sangguniang bayan regarding entitlement to receive Ten Thousand Six Hundred Twenty (10,620.00), which is the difference of monthly compensation as an SB Member less the honorarium receive as punong barangay of Labon, has legal basis.

2002-30

Whether or not the Elected ABC President and SK Federation President who are ex-officio members of the sangguniang bayan and are receiving their salary and RATA as such, can also receive their allotted honorarium as barangay officials.

 
2003-39 Whether or not, his being elected as the President of the Liga ng mga Barangay in the Provincial Level automatically vacates his position as the President of the Liga ng mga Baragay in the Municipal Level
2011-233 Letter-query regarding salaries and other benefits as ex-officio member of the Sangguniang Bayan (SB): Asking legal documents that will be submitted to claim or receive salaries and other benefits since the time of assumption to office as ex-officio member of SB
2011-240 Inquiry on the status of the leave of absence of a Municipal Liga President and ex-officio member of the said SB
f) Eligibility to become Cooperative Officers/Directors
2003-34 Issue as to whether or not a punong barangay who is an ex-officio member of the sangguniang bayan still enjoys the exemption as provided for in Art. 28 of R.A. No. 6938, otherwise known as the Cooperative Code of the Philippines
g) Powers, Duties, Functions
2003-55

Opinion on the appropriateness of the Liga ng mga Barangay Resolution particularly on the issue:


Whether or not the chairman and the members of the Board of Election Supervisors (BES), created during the SK Special Elections in the eight different barangays of Kiangan, Ifugao, are entitled to honorarium? If the answer in the above question is in the affirmative, what would be the amount of the honorarium each is entitled?

2004-82

Is the Liga ng mga Barangay authorized to hire an Accounting Clerk?

 2004-85 Legal opinion relative to the appointment of a Bookkeeper for the Municipal Liga ng mga Barangay
 2006-124 Issue regarding the appointment of a Barangay Bookkeeper and Barangay Engineer:
1) Who will appoint the qualified applicant, is it the Municipal Mayor or the President of the Association of Barangay Captains?
2) Who are qualified for that position? Licensed professional or civil service eligible?
 2009-218

 Issues about three administrative support staff positions that were created by the Liga ng mga Barangay:

1) The legality of entering into a Memorandum of Agreement with the Municipal Government

2) Is it mandatory that the Liga will prepare Policies and Guidelines in addition to the Liga Constitution and By-Laws?

3) Is it in order that the Liga Board will publish the vacant positions of the Barangay Engineer I and the Bookkeeper?

f) Complaint Against/Discipline of Members  
 2005-100

Issues regarding the discipline of a Punong Barangay who is an ex-officio member of the Sangguniang Bayan (SB) being the President of the Liga ng mga Barangay, Municipal Chapter

Whether or not the Sangguniang Bayan wherein the Barangay Captain is an exofficio member is the legal body to hear the case.

 2009-205

Whether the non-payment of Liga membership dues for two (2) successive years would already merit the enforcement of sanctions such as suspension from membership with the association by applying Sec. 3, Article XII of the LIGA Constitution and By-Laws. Likewise, will the non-payment of membership dues for more than two (2) successive years already warrant the expulsion of the said member from the Liga?

2010-223 Grounds by which you can be removed or suspended as President of the Liga Municipal Chapter and as to how you can be sanctioned as such
2011-235 Legal opinion whether or not the response or opinion of DILG-CAR Regional Legal Counsel can be a basis in dismissing the administrative case against certain elective barangay officials filed before the Sangguniang Bayan (SB)
f) Qualification of Officers
2010-230

Due to temporary incapacity, can said Punong Barangay be qualified to run as officer of the Liga ng mga Barangay?

2010-231

Issues related to the case of a Punong Barangay who is presently under detention for having been charged of Murder which is an unbailable offense:

Can the detained PB legally appoint the treasurer, secretary and other officials of the barangay? If not, who has the authority to make such appointment and perform the other functions of the Punong Barangay?

 

 

 


 

LOCAL GOVERNMENT CODE
OPINION NO.
ISSUES
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2003-51 Whether or not Section 37 of RA 7160, otherwise known as the Local Government Code of 1991 is repealed by RA 9184 entitled An Act Providing for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for Other Purposes

 


 

Local Government Service Equalization Fund (LGSEF)
OPINION NO.
ISSUES
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USE OF THE LOCAL GOVERNMENT SERVICE EQUALIZATION FUND (LGSEF)
 
Whether or not the subsistence and laundry allowances under the Magna Carta Benefits of Public Health Workers fall within the authorized uses of the Local Government Service Equalization Fund (LGSEF)?

 


 

LOCAL GOVERNMENT UNITS
OPINION NO.
ISSUES
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a) Corporate Powers
2000-21

 1) Res. No. 318-99, imposing a duty and obligation on the part of the stallholders to pay the cost of the sub meter, and labor and materials of the house wiring connections is an imposition of a tax, fee or charge. Without a LAW or ORDINANCE in accordance with Sec. 132 and 186 of the Local Government Code, may said Resolution be validly enforced and implemented?

2) The Resolution also provides that the fifty percent (50%) share of the municipality to the cost of labor and materials of the house wiring connections shall be taken from rentals to be deducted from succeeding monthly rentals. Does this not contravene Sec. 305 of the LGC, providing that “no money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law”?

3) Some stallholders agreed to the installation of sub meter and house wiring connections undertaken by a private individual assigned by the Mayor without the benefit of bidding or canvass. Was there no law or regulation violated?

2002-24

Clarification by Sangguniang Bayan Members as to whether or not the Memorandum of Agreement (MOA)  with the Municipality of Itogon for a 50-50 share on the national wealth derived from Philex Mining Corporation, Tuba, Benguet has legal basis and if the same conforms to the provisions of the Local Government Code of 1991.

2004-69 Legal opinion regarding the legality of letting a private radiologist and a private dentist occupy spaces in the rural health unit
2004-80 Legal opinion on the power of local government units (LGUs) to reclassify agricultural lands under Section 20 of Republic Act No. 7160, otherwise known as The Local Government Code of 1991, specifically, to the issue as to whether or not a Conversion Order by the Department of Agrarian Reform (DAR) converting agricultural land situated at Taloy Sur, Tuba, Benguet into residential land be sufficient requirement for the issuance of a Development Project even without reclassification by the Sangguniang Bayan of that Municipality
2004-88

Legal opinion regarding the Multi-purpose Building funded by the Priority Development Assistance Fund (PDAF) of Congressman of a Province

2005-94

Regarding the affiliation of student nurses at the Benguet General Hospital:


1) “Whether or not the Provincial Government of Benguet can amend any provision of DOH AO No. 5-A s. 1996 by invoking devolution and the concept of autonomy under the LGC of 1991 contending that the BeGH is an LGU-run hospital even though accredited by DOH.

2) More particularly, can the Provincial Government, through and AO issued by the Provincial Governor, increase the amount of Affiliation Fee from PhP1.00/Hour/Trainee as provided for in DOH AO No. 5-A s. 1996 to PhP10.00/Hour/Trainee?”

2005-98 Clarification whether or not the different barangays are free to conduct cockfighting without first securing a Mayor's permit
2005-113 Legal opinion and advice on the matter of changing the LGU composition of the political districts in a Province
2005-115 Legal opinion on the devolved power of local government units to regulate and grant franchises for the operation of tricycles
2005-117

1) Whether or not a barangay is entitled to a share from the proceeds derived from the development and utilization of the national wealth within an area by the HEDCOR.

2) Whether or not a Barangay can impose and collect taxes on the machineries and equipment by HEDCOR.

2006-132

Inquiry on the legality of the Agreement between Municipalities of Benguet & Nueva Vizcaya re: Naswak Elementary School which has been under the administration, supervision and maintenance of the Benguet Schools Division Office, Department of Education and regularly funded by the Province of Benguet and the Municipality of Bokod even though it is located within the territorial jurisdiction of Kayapa, Nueva Vizcaya

2006-141 Clarification on the legality of Section 11, Chapter II of the Benguet Revenue Code of 2005
2007-169 Letter-query asking if a Municipality has nothing to do with the parcels of land within the municipality which were identified for school and educational purposes only
2009-200

Are LGU’s like our Barangay allowed to utilize or temporarily close roads for the conduct of its activities? What are the requisites needed for the closure of such? Is an ordinance a requisite for such? Are we allowed to use City Roads as the City is allowed to use National Roads?

2009-201 Letter-query how to prevent the implementation of Municipal Ordinance No. 04 series of 2008 of Besao, Mountaing Province
2010-219 Opinion on the legality of appropriating the amount of One Million Five Hundred Thousant (P1,500,000) as paid-up share capital by an LGU
2010-221 Whether or not KAELCO can constitute a Bids and Awards Committee without any participation of or representation from the three aforesaid barangays in conformity with the principle of transparency and accounting and auditing rules applicable to government funds.
2011-241 Letter-query, dated June 15, 2011 and addressed to the Hon. Jesse M. Robredo, Secretary, this Department, relative to the contractor’s tax being imposed by the Municipality of Tublay, Benguet
b)  Appropriation/Fund Disbursement/Procurement/Budget
1999-01

Whether or not the Sangguniang Kabataan can disburse, per its approved plan and budget, its 10% share in the general fund of the barangay without prior approval of its Punong Barangay

 2000-06

Whether or not it is legal to disburse public funds for the construction of a tennis court over a parcel of titled lot owned by the Church (St. Benedict’s)?

2000-21

 CORPORATE POWERS

1) Res. No. 318-99, imposing a duty and obligation on the part of the stallholders to pay the cost of the sub meter, and labor and materials of the house wiring connections is an imposition of a tax, fee or charge. Without a LAW or ORDINANCE in accordance with Sec. 132 and 186 of the Local Government Code, may said Resolution be validly enforced and implemented?

2) The Resolution also provides that the fifty percent (50%) share of the municipality to the cost of labor and materials of the house wiring connections shall be taken from rentals to be deducted from succeeding monthly rentals. Does this not contravene Sec. 305 of the LGC, providing that “no money shall be paid out of the local treasury except in pursuance of an appropriation ordinance or law”?

3) Some stallholders agreed to the installation of sub meter and house wiring connections undertaken by a private individual assigned by the Mayor without the benefit of bidding or canvass. Was there no law or regulation violated?

2000-25

 ACCREDITATION OF TRAINING PROGRAMS

If a private training institution was and is already accredited by the Civil Service Commission as per MC 9, s. 1994, is this training institution still required to secure accreditation or permission from the Department of Interior and Local Government (sic) before they could sponsor trainings/seminars?

2001-09

 PRIORITY ON USE OF LOCAL FUNDS; ADMINISTRATIVE COMPLAINTS

Are these obligations of last year which were purely infrastructure projects more of a priority than the salaries of employees of the LGU?

2003-40 Is it proper for the Sanggunian Members to enter into an amicable settlement favoring the release in the payment of the project despite the fact that there was no project done?
2004-78 About the use of the two percent (2%) Engineering and Administrative Overhead (EAO) for the purchase of a service vehicle for monitoring of projects implemented under the 20% Development Fund of the Municipality
2006-127 Legal opinion and pieces of advice regarding the utilization of the Intelligence Fund amounting to Nine Hundred Thousand Pesos (PhP 900,000.00) that was specifically appropriated in the approved Annual Budget of Municipality
2007-143 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
2007-146 Can the Sangguniang Bayan of Mankayan appropriate the Municipality’s share from the proceeds of the development and utilization of its National Wealth through a mere resolution and without an appropriations ordinance?
2007-167 Enlightenment as to whether or not the provisions of Administrative Order (AO) No. 103 of the Office of the President is applicable to the appropriations made by Municipality for heavy equipments and service vehicle under the Supplemental Budget for the year 2007
2008-177 Regarding the use of the share of the local government units in the proceeds derived from the utilization and development of national wealth
2008-183 Regarding the 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
2009-205

Opinion on issues relating to the payment and remittance of annual dues to the Liga Nasional:

Whether the non-payment of Liga membership dues for two (2) successive years would already merit the enforcement of sanctions such as suspension from membership with the association by applying Sec. 3, Article XII of the LIGA Constitution and By-Laws. Likewise, will the non-payment of membership dues for more than two (2) successive years already warrant the expulsion of the said member from the Liga?

2009-211 Opinion on whether the BLISTT LGUs and the Provincial Government of Benguet, reconstituted as the BLISTT Mayors’ Forum, can transfer funds to the account of the National Economic and Development Authority-CAR as the Forum’s appointed funds manager to administer the funds for the BLIST Plan formulation, promulgation and execution
2009-216  Opinion in relation to Appropriation Ordinance for the 2009 Annual Budget of Flora, Apayao
2010-224 Whether or not the municipality can disburse funds and operationalize its projects/programs under the new budget despite the fact that the Sangguniang Panlalawigan has not yet completed its review of said budget.
c) Supervision of
2000-26

Jurisdiction Over Complaints Against Elective Barangay Officials/Investigative Power of DILG

d) Taxing Powers of Barangays
2001-02 Whether or not it is allowable or legal for barangays to collect one percent (1%) tax on the first Php 30,000.00 on stores or retailers whose gross sales exceed Thirty Thousand Pesos in the preceding year and the excess of Php 30,000.00 will be taxed by the municipality concerned?
2005-107 How would the accrual of taxes from divided taxable property be by reason of boundary points? What legal basis on this matter, if any?
2005-117 Whether or not you can impose and collect taxes on the machineries and equipment by HEDCOR
e) Authority of Barangays to Create Positions
2001-12 Whether the Barangay Government can appoint regular barangay employees pursuant to DBM LBC No. 63, dated October 22, 1996, and Executive Order No. 332, dated May 16, 1996
f) Transfer of Site
2001-19 What are the possible reasons that will justify LGU officials and employees to hold office outside the territorial boundaries of their respective political unit?
2007-170 Letter-query posing the following issues:
1) How many signatures are required for the petition to be valid?
2) What are the municipalities which will participate in the plebiscite to be conducted?
3) Is the indorsement of the provincial government of Kalinga needed before the petition is submitted to Congress?
2008-191 Is there a law which mandatorily requires a mayor to hold office at the municipal hall? If there is, please state
g) Boundary Dispute
2005-107 In the determination of boundary points between barangays, what should be the most lawful and logical basis between the presence of metes and bounds which are natural and unalterable and mere imaginary lines from a certain point to another thereby cutting into parts and residential lots as well as real estate properties?
h) Share From National Wealth
2007-146 Can the Sangguniang Bayan of Mankayan appropriate the Municipality’s share from the proceeds of the development and utilization of its National Wealth through a mere resolution and without an appropriations ordinance?
 2008-177 Is there a limitation relative to the utilization of the municipality’s share from the national wealth?
 2009-200 If the City or a private entity is utilizing our place which is tantamount to a natural resource within our jurisdiction in the conduct of “Revenue Generating Activities” are Host Barangays like us entitled to the proceeds which will be generated from the said activity? And if in case we are entitled to such proceeds, to what extent are we entitled to?
i) Training Accreditation
2000-25 If a private training institution was and is already accredited by the Civil Service Commission as per MC 9, s. 1994, is this training institution still required to secure accreditation or permission from the Department of Interior and Local Government (sic) before they could sponsor trainings/seminars?
j) Creation, Merging, Abolition, Substantial Boundary Alteration
 2007-159 Interpretation of the phrase in the local government unit or units directly affected relative to the conduct of the plebiscite in case of creation, merging, abolition or substantial alteration of the boundary of local government units (LGUs) as provided for under the Local Government Code of 1991
   

 


 

LOCAL OFFICIALS, APPOINTIVE
OPINION NO.
ISSUES
 DOWNLOAD 
a) Complaints Against/Disciplinary Action
2000-18

What is the legality of certain acts of the Municipal Budget Officer (MBO) of Bauko, Mt. Province in connection with some entries he made in a number of his DTRs and
Employee’s Leave Record?

Can this representation (DILG-CAR Regional Director) investigate the said employee
on the premise that the DILG exercises supervisory power over LGUs?

2003-64 Whether it was enough to impose on barangay treasurer a suspension memo of fifteen days without compensation and upon reinstatement,  any repetition of the offense would merit dismissal.
b) Running for Elective Position
2001-13 Whether or not a person having administrative case can run into public office
2001-15 Whether or not appointive barangay officials such as the Barangay Secretary and Barangay Treasurer be considered resigned upon their filing of their certificates of candidacy for the just concluded elections on May 14, 2001
c) Replacement/Removal
2001-31 What are the steps to be undertaken before a Barangay Secretary can be replaced
2004-77 Replacement of Barangay Treasurer on the grounds that of neither a qualified voter nor actual resident of said barangay and has been remiss of  duties
2004-79 Regarding removal as the Secretary to the Sangguniang Bayan by virtue of its Resolution without any administrative charge filed and without any administrative investigation conducted by the appropriate authority
2011-242

1) Is the action of the Officer-In-Charge, considering the fact that her position is not equivalent to a department head, in signing and preparing ordinances and resolutions for approval by this office valid and binding?

2) Is the action of the appointing authority in not appointing a qualified applicant, despite the presence of qualified applicants to the position, tenable considering the mandatory provision of the Local Government Code of 1991?

d) Benefits, Salaries, Wages
2000-13 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?
2001-06 Who has jurisdiction over claims of benefit under RA 7305 otherwise known as the
Magna Carta of Public Health Workers?
2007-166 Advice regarding the Representation and Transportation Allowances (RATA) of department heads who are planned to be reassigned to other offices/departments and of those Officers-in-Charge (OIC) who will be designated to the concerned departments left by the reassigned heads
2008-195 Opinion regarding the claims to Representation and Transportation Allowance (RATA) of a municipal budget officer and a Clerk II, both of whom were designated to some other post or office other than their jobs by the municipal mayor
e) Appointments/Qualification
2000-04 Whether or not a Municipality can disburse government funds for the legal services of a private lawyer hired to represent it in a boundary dispute against another Municipality?
2002-12 What is the required educational attainment for the position of driver in the government service?
2003-49 Is the act of the Municipal Health Officer in pushing for the accommodation of the former barangay health workers over the newly appointed workers valid?
2004-68 Regarding a letter-complaint on the alleged nepotism against Punong Barangay
2004-71 Letter request for DILG to “take appropriate action by ordering a status quo” so that further problem will be prevented for the good of constituents
2005-104

Legal opinion relative to a problem confronting the Sangguniang Bayan:

Whether or not an SB Secretary can validly and legally continue working in the Sangguniang Bayan even after the election of her husband as Vice Mayor and Presiding Officer of the SB?

2007-147 Letter-query relative to the status of the appointment of the Barangay Secretary and the Barangay Treasurer without the concurrence of the majority of the members of the Sangguniang Barangay
2007-148

Whether or not the Barangay Treasurer can be replaced by the Punong Barangay without the concurrence of the majority of all the members of the Sangguniang Barangay.

2007-166 Advice regarding the Representation and Transportation Allowances (RATA) ofdepartment heads who are planned to be reassigned to other offices/departments and of those Officers-in-Charge (OIC) who will be designated to the concerned departments left by the reassigned heads
2011-242 Is the action of the appointing authority in not appointing a qualified applicant, despite the presence of qualified applicants to the position, tenable considering the mandatory provision of the Local Government Code of 1991?
f) Powers and Functions
2006-122 Whether or not the Municipal Accounting Office has the authority and power whatsoever to include its personnel among the members of the inspection team that would inspect infrastructure projects and purchases of supplies by the component barangays?
2009-213 Can the Municipal Accountant prescribe verbally requirements to the approve Municipal Ordinance which already implemented for six months?
2011-242

Letter-query regarding the following issues:

1) Is the action of the Officer-In-Charge, considering the fact that her position is not equivalent to a department head, in signing and preparing ordinances and resolutions for approval by this office valid and binding?
2) Is the action of the appointing authority in not appointing a qualified applicant, despite the presence of qualified applicants to the position, tenable considering the mandatory provision of the Local Government Code of 1991?


 


 

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?


 


 

 LOCAL SPECIAL BODIES
OPINION NO.
ISSUES
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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

 


 

LUPONG TAGAPAMAYAPA
OPINION NO.
ISSUES
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1999-09

FILING OF CASE IN COURT IN CASE OF NON-SETTLEMENT BY THE LUPON;
CORRECTION OF MINUTES OF LUPON MEETING

1) What is the effect of the failure of a party to file a case in court after the Barangay Captain certified to the non-settlement of the case by the Lupon?

2) What remedy shall one seek in an instance where the Minutes of the Meeting of the Lupon does not reflect the true facts as known by those present in the said Lupon meeting?

2000-01

JURISDICTION OF THE LUPON

Whether or not a complaint against Hon. Lourdes A. Pedroso, Punong Barangay of Barangay Upper Quezon Hill who is being sued in her official capacity can be heard and decided by the Lupon?

2000-16

 BARANGAY LUPONS; POWERS AND FUNCTIONS

Whether or not the lupons have the authority to dismiss cases brought before them?

2003-45 Whether or not the Sangguniang Barangay of Poblacion, Kiangan can grant allowances to members of the Lupong Tagapamayapa
2003-62

Separate opinion regarding a complaint filed with the Office of the Lupong Tagapamayapa of Barangay Loakan Barangay which lacks the following information:

1) Specific acts allegedly done which constitute the criminal offense of Estafa;
2) Relief/s being prayed for; and
3) Signature of complainant Edwin Zamora

2005-97 Letter-query asking enlightenment on the seemingly conflicting provisions of RA 7160 otherwise known as the Local Government Code of 1991 (hereinafter referred to as the Code for brevity) and the Katarungang Pambarangay Rules and Regulations (Rules for short) which was cited in page 53 of The Barangays of the Philippines, 1996 Edition, particularly on the amount of filing fees for cases filed with the Barangay Lupon
2005-99 Issues on the Katarungang Pambarangay Law
2005-114 1) Whether or not a corporation, which is not a natural person, can be a party to a case filed before the Lupon?
2) What are the procedures to be followed in resolving a case filed with the Lupon?

 


 

MAYOR
OPINION NO.
ISSUES
 DOWNLOAD 
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

 


 

NATURE OF PUBLIC OFFICE
OPINION NO.
ISSUES
 DOWNLOAD 
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

 


 

ORDINANCES / RESOLUTIONS
OPINION NO.
ISSUES
 DOWNLOAD 
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.

 


 

OTHERS
OPINION NO.
ISSUES
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2011-239 Legal basis for requiring elective and appointive officials and employees of the local government units to attend the conduct of weekly flag raising ceremonies as well as the sanctions for non-attendance thereto

 


 

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?


 


 

PHILIPPINE COUNCILORS LEAGUE
OPINION NO.
ISSUES
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2007-154 Clarification if the next highest ranking officer of the Philippine Councilors League (PCL), Provincial Federation of Abra who has just been re-elected and was recently appointed by the PCL’s National Chairman to sit as the interim President of PCL Abra could legally sit as ex-officio member of the newly Sangguniang Panlalawigan of Abra until the next Federation President shall be duly elected and qualified
2007-156 Interpretation of Rule XXXIX, Article 210 (d)(2) of the Implementing Rules and Regulations (IRR) of the Local Government Code of 1991 which states that “[T]hey shall serve as ex-officio members of the sanggunian concerned only during their term of office as presidents of the liga chapters, which in no case shall go beyond the term of office of the sanggunian concerned”
2007-163 How would the permanent vacancy in the representation of the PCL in the SP be filled up?

 


 

POLITICAL PARTIES
OPINION NO.
ISSUES
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1999-07

 POLITICAL PARTIES: REORGANIZATION AND MEMBERSHIP

1) Whether there are any provisions and/or rules and regulations pertaining to the successive change/reorganization of political parties?

2) Whether or not the members of a defunct party automatically become members of the newly reorganized political party even without signifying their intentions to become members of the said new party? and

3) Whether or not the appointment of Mr. Camilo B. Alumit as member of the Sangguniang Bayan of Kabayan, Province of Benguet vice the late SB Member Lorente S. Abag "unconstitutional and anomalous" under the assumption that both are not members of the Laban ng Masang Pilipino (LAMP) which nominated and issued the certification of party membership in favor of the former?

1999-12

 PERMANENT VACANCY IN THE SANGGUNIAN
RE: NOMINATION OF “HIGHEST OFFICIAL OF THE POLITICAL PARTY”

Whether or not the appointment of Mr. Alumit vice the late Lorente S. Abag is valid considering that he was nominated by the Deputy Secretary General of LAMP and not by the “highest official of the political party" as contemplated by law, citing Art. 83 (c)(2)(ii), IRR of the Local Government Code (RA 7160)?

2000-23

 MANNER OF FILLING-UP PERMANENT VACANCY IN THE SANGGUNIANG BAYAN

1) What is the manner in filling-up a vacancy in the Sangguniang Bayan (SB) of Bakun, Benguet as a consequence of the elevation by reason of succession of the highest ranking SB Member to the Office of the Vice Mayor?

2) Under what political party Hon. Tirso S. Bayawa, the highest ranking SB Member, was elected as basis for determining the political party that would nominate his replacement in the Sangguniang Bayan for the unexpired term?

2001-21

 MAJORITY AND MINORITY PARTY IN THE SANGGUNIANG BAYAN

Which party, between the NPC and Lakas-NUCD Political Parties, belong to the majority or minority in the Sangguniang Bayan of La Trinidad which is composed of four (4) NPC and four (4) Lakas-NUCD regular councilors, with the Presiding Officer belonging to the latter party?

2001-33

 MINORITY PARTY REPRESENTATIVE TO THE PBAC

QUERY: There are two members in the sangguniang bayan of Lamut, Ifugao who belong to the minority party. In the process of selecting a representative from said minority party to the Prequalification, Bids and Awards Committee (PBAC), both members verbally waived their membership in favor of a sanggunian member who has no party affiliation or is independent. Said member was then voted upon and chosen by the members of the SB as the representative in the said special body.

Whether or not the move of the Sangguniang Bayan of Lamut is valid


 


 

PRACTICE OF PROFESSION
OPINION NO.
ISSUES
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1999-20  1) Whether or not such SK Chairman, as an ex-officio member of the Barangay Council, is entitled to practice his profession?
2) Whether or not such employment is violative of the prohibition against holding dual offices, positions, and/or employment in the government?
2003-46 Whether or not an elective sanggunian member can engage in any occupation other than being a sanggunian member and requesting for an authority to practice profession
2007-150 Whether or not a City Councilor or Vice Mayor Elect can continue to practice legal profession even upon assumption to office as the Vice Mayor of Baguio City
2007-160 Letter-query of City Councilor regarding the limitations of  practicing his profession as a Licensed Geodetic Engineer
2007-161 Opinion regarding prohibiting Mayor's construction firm in entering into contracts with government entities within and/or outside the province.
2008-176

1) Is the Punong Barangay allowed by law to contract with the city government for contracts that will be implemented in barangays other than his barangay;

2) If a contract was awarded by the city government to a person prior to his becoming a punong barangay, will the contract still be valid.


 


 

PROVINCIAL GOVERNOR
OPINION NO.
ISSUES
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1999-11

 OFFICE/RESIDENCE OF THE GOVERNOR; PROVINCIAL OFFICES OF NGAs

Can the Governor mandate provincial officials and employees to report to the capitol?

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
2006-139

 Legal opinion on the vacancy in the Provincial Government of Ifugao:

1) Does the ranking of the Sanggunian to fill up permanent vacancy apply only to the Local Chief Executive for purposes of automatic succession and not to the position of the Vice Governor?

2) Is the position of Vice Governor a permanent or temporary vacancy in the case of Ifugao? If so, how is the procedure in filling up the vacancy and the ranking of the Sanggunian?

3) Does the Provincial Board have the widest discretion in filling up a temporary vacancy in the Office of the Vice Governor as stated in the letter of the Prov’l. Election Supervisor dated April 22, 2005?

4) Who among the Sangguniang Panlalawigan members caused the vacancy in order to know the party of the nominee who will fill up the vacant SP position? What procedures to undertake in the appointment of vacant SP position?

2008-196

 Letter-query relating to an administrative case filed against a municipal mayor before the Sangguniang Panlalawigan:

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?

2009-212 Opinion as to whether or not local chief executives (Punong Barangay, Mayor & Governor) are authorized to possessed and carry firearms within their territorial jurisdiction without a permit to carry firearms outside of residence (PTCFOR)
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

 


 

PUBLIC PROPERTIES / UTILITIES
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?

2004-69  Legal opinion regarding the legality of letting a private radiologist and a private dentist occupy spaces in the rural health unit
2004-70 Opinion on the issue of whether or not government vehicles can be used for campaign purposes

 


 

PUNONG BARANGAY
OPINION NO.
ISSUES
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a) Powers, Duties, Functions
1999-08

 ISSUANCE OF A BARANGAY CLEARANCE AND A BUILDING PERMIT OVER A LAND UNDER DISPUTE

1) Whether or not a Barangay Captain is authorized to issue a Barangay Clearance for the establishment of a business over a land under dispute, the case of which is still pending in court? and

2) Whether or not the City Engineer's Office is authorized to issue a building permit over said land under dispute?

2002-25

Letter-query relative to the following issues:

 1) Whether or not it is legal for the Punong Barangay to appoint her husband as Barangay Tanod after complying with the requirement on concurrence of the majority of the members of the Sangguniang Barangay.

2) Whether or not the act is in violation of RA 6713 or the Code of Conduct and Ethical Standards of Public Officials and Employees.

2003-49  Is the act of the Municipal Health Officer in pushing for the accommodation of the former barangay health workers over the newly appointed workers valid?
2003-59 Whether or not Punong Barangay Johnny Daliling has sufficient reason to deny our request for clearance
2003-63 Opinion relative to the allocation of the 10% SK fund wherein the punong barangay and members of the barangay council was planning to appropriate some amount (from the 10% SK funds) to augment the construction of the Barangay Health Center
2003-64 Clarification on whether it was enough that a Punong Barangay has imposed on the barangay treasurer a suspension memo of fifteen days without compensation and upon her reinstatement, and made it clear that any repetition of the offense would merit her dismissal
2008-194

1) Whether or not the barangay captain has the authority to discipline sangguniang barangay members on his own and as a consequence thereof, order the suspension of payment or withholding of their honorarium and exclusion of their names from the payroll without due notice to the members

2) Sanctions for failure to comply with the prescriptive period prolonging the mediation proceedings up to more than three months instead of constituting the Pangkat ng Tagapagkasundo to hear the matter

3) Sanctions for failure to constitute lupon and/or pangkat ng tagapagkasundo

2009-212 Opinion as to whether or not local chief executives (Punong Barangay, Mayor & Governor) are authorized to possessed and carry firearms within their territorial jurisdiction without a permit to carry firearms outside of residence (PTCFOR)
2010-230

1) Is the elected Punong Barangay allowed to perform his official duties, powers and functions inherent to the position while he is being incarcerated?

2) If the answer is in the negative, due to temporary incapacity, can said Punong Barangay be qualified to run as officer of the Liga ng mga Barangay?

2010-231

Issues related to the case of a Punong Barangay who is presently under detention for having
been charged of Murder which is an unbailable offense:

1) Can the detained PB legally appoint the treasurer, secretary and other officials of the barangay? If not, who has the authority to make such appointment and perform the other functions of the Punong Barangay?
2) If said PB was re-elected in the last barangay and SK elections, can he run for ABC president and/or cast his vote in the forthcoming election for ABC or LIGA officers? If not, who then can take his place in the said election?

b) Appointment, Appointing Authority of
2003-44

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.

2005-108

1) Whether or not a Municipal Mayor have the authority to implement the penalty imposed upon PB Busal.

2) Whether or not the highest-ranked Barangay Kagawad would assume the office of the Punong Barangay.

3) If the answer in the second issue is in the affirmative, whether or not the new Punong Barangay can appoint the Barangay Treasurer and Barangay Secretary.

4) Can the Municipal Mayor administer the oath of office of the highest ranked Barangay Kagawad before he assumes the office of the Punong Barangay.

c) Complaint Against/Suspension
2005-100

 Issues regarding the discipline of a Punong Barangay who is an ex-officio member of the Sangguniang Bayan (SB) being the President of the Liga ng mga Barangay, Municipal Chapter:

1) Whether or not the barangay captain in his capacity as president of an NGO could enter into a contract with the DENR.

2) Whether or not the Sangguniang Bayan wherein the Barangay Captain is an exofficio member is the legal body to hear the case.

3) Whether or not there is forum shopping in the side of the complainants

2005-108

1) Whether or not a Municipal Mayor have the authority to implement the penalty imposed upon PB Busal.

2) Whether or not the highest-ranked Barangay Kagawad would assume the office of the Punong Barangay.

3) If the answer in the second issue is in the affirmative, whether or not the new Punong Barangay can appoint the Barangay Treasurer and Barangay Secretary.

4) Can the Municipal Mayor administer the oath of office of the highest ranked Barangay Kagawad before he assumes the office of the Punong Barangay.

 

2005-112

Enlightenment on some issues relative to the Order of the Ombudsman suspending the Punong Barangay of Tagodtod, Lagangilang, Abra for a period of one (1) year without pay:

1) When shall be the effectivity of the suspension of the Punong Barangay as well as the assumption of the highest ranked Kagawad as Acting Punong Barangay;

2) Will the Acting Punong Barangay receive an honorarium equivalent to that of the Punong Barangay?

3) Can the Acting Punong Barangay terminate the services of the barangay secretary and the barangay treasurer if they fail or refuse to cooperate or work well with him?

2007-148

1) Whether or not the Barangay Treasurer can be replaced by the Punong Barangay without the concurrence of the majority of all the members of the Sangguniang Barangay

2) Within ninety (90) days prior to any local elections, can an administrative complaint and a case for graft and corruption against a Punong Barangay be filed with the Sangguniang Bayan or with the Ombudsman?

d) Powers and Privileges of Acting
2005-112

Enlightenment on some issues relative to the Order of the Ombudsman suspending the Punong Barangay of Tagodtod, Lagangilang, Abra for a period of one (1) year without pay:

1) When shall be the effectivity of the suspension of the Punong Barangay as well as the assumption of the highest ranked Kagawad as Acting Punong Barangay;

2) Will the Acting Punong Barangay receive an honorarium equivalent to that of the Punong Barangay?

3) Can the Acting Punong Barangay terminate the services of the barangay secretary and the barangay treasurer if they fail or refuse to cooperate or work well with him?

2006-138 Whether or not an Acting Punong Barangay is still in an acting capacity as Punong Barangay
e) Vacancy
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
2010-229

Issues relative to the impending vacancy in the office of the Punong Barangay of Lubong, Calanasan, Apayao due to the absence of a candidate for said position in the just-concluded Synchronized Barangay and SK Elections:

-If the highest ranking sanggunian barangay member and the other succeeding sangguniang barangay members refuse to assume in the Office of the Punong Barangay, what will be the effect to them?

-Can the highest and succeeding sangguniang barangay members waive their right if they refuse to assume in the office of the Punong Barangay?

 

2010-230

-Is the elected Punong Barangay allowed to perform his official duties, powers and functions inherent to the position while he is being incarcerated?

2010-231

Opinion regarding some issues related to the case of a Punong Barangay who is presently under detention for having been charged of Murder which is an unbailable offense:

1) Can the detained PB legally appoint the treasurer, secretary and other officials of the barangay? If not, who has the authority to make such appointment and perform the other functions of the Punong Barangay?

2) If said PB was re-elected in the last barangay and SK elections, can he run for ABC president and/or cast his vote in the forthcoming election for ABC or LIGA officers? If not, who then can take his place in the said election?


 


 

SANGGUNIAN (ALL LEVELS)
OPINION NO.
ISSUES
 DOWNLOAD 
a) Permanent Vacancy
1999-12

PERMANENT VACANCY IN THE SANGGUNIAN
RE: NOMINATION OF “HIGHEST OFFICIAL OF THE POLITICAL PARTY”

Whether or not the appointment of Mr. Alumit vice the late Lorente S. Abag is valid considering that he was nominated by the Deputy Secretary General of LAMP and not by the “highest official of the political party" as contemplated by law, citing Art. 83 (c)(2)(ii), IRR of the Local Government Code (RA 7160)?

2000-23

 

MANNER OF FILLING-UP PERMANENT VACANCY IN THE SANGGUNIANG BAYAN

1) What is the manner in filling-up a vacancy in the Sangguniang Bayan (SB) of Bakun, Benguet as a consequence of the elevation by reason of succession of the highest ranking SB Member to the Office of the Vice Mayor?

2) Under what political party Hon. Tirso S. Bayawa, the highest ranking SB Member, was elected as basis for determining the political party that would nominate his replacement in the Sangguniang Bayan for the unexpired term?

2000-24

MANNER OF FILLING-UP PERMANENT VACANCY IN THE SANGGUNIANG BAYAN

Whether or not Mr. Enrique Moresto can be appointed as member of the Sangguniang Bayan (SB) of Tublay, Benguet to replace former Sangguniang Bayan Member Manuel Carias after the latter was appointed as Municipal Agricultural Officer (MAO).

2001-01

 PERMANENT VACANCY IN THE SANGGUNIANG BAYAN/APPOINTING AUTHORITY

1) Who is the proper authority to act on the appointment of a Sangguniang Bayan Member?

2) What are the mandatory requirements for the appointment of a Sanggunian Member
in a permanent vacancy?

2001-27

MANNER OF FILLING-UP PERMANENT VACANCIES IN THE SANGGUNIANG BARANGAY

What is the role of the Sangguniang Barangay (SB) and the Municipal Mayor in the appointment of an SB Member to fill a permanent vacancy in the SB.

2005-101 Clarification on the method of ranking the members of the Sangguniang Panlalawigan (SP) for purposes of succession where the Vice Governor becomes acting Provincial Governor
2006-123

Letter-query relative to permanent vacancies in the Sangguniang Bayan:

1) In case of vacancy caused by an elective official who resigned from office in the Sanggunian, can the LGU choose not to fill-up the said position in order to generate savings?

2) Can the LGU be held liable for not filling-up said position?”

2006-140 Letter-query in relation to the permanent vacancy in the Sangguniang Panlalawigan caused by Provincial Vice Governor's elevation to the Office of the Vice Governor
b) Appointments, Designations
1999-17

APPOINTMENT OF SECRETARY TO THE SANGGUNIAN: CONCURRENCE OF THE MEMBERS THEREOF

Whether or not the appointment of the City Government Department Head II (City Secretary II) requires concurrence of the members of the Sanggunian?

1999-18

APPOINTMENT OF SECRETARY TO THE SANGGUNIAN

1) Whether or not the CSC rulings cited by the undersigned (Hon. Fariñas) in his letter-reply to Mrs. Rivera, et al. dated 18 November 1999 are still subsisting?

2) Whether or not DILG Opinion No. 8 dated 22 February 1995 has any effect on the appointment of Atty. Perez in the light of the CSC rulings cited?

3) Whether or not there are other requirements imposed by the DILG, in addition to those already provided for by the CSC, regarding the appointment of LGU officials and employees, particularly those in the Sangguniang Panlungsod?

4) What would be the effect of the Resolution approved by majority of the members of the City Council requesting the appointee to file his leave of absence despite his approved appointment duly attested by the Office of the City HRMO who is duly accredited by the CSC?

1999-21

DESIGNATION OF TEMPORARY/ACTING SECRETARY TO THE SANGGUNIAN

Whether or not it is legal to move that the incumbent Secretary to the Sanggunian vacate his seat during a regular session and, at the same time, move that the Vice Mayor shall designate a temporary/acting secretary during such session in order that the sanggunian can transact its ordinary business like confirmation of contracts and approval of supplemental barangay budgets?

2000-05

RESIGNATION; REAPPOINTMENT OF ELECTIVE LOCAL OFFICIALS

Whether or not former Sangguniang Panlalawigan (SP) Member Hon. Ernesto P. Pacuño, Sr. who resigned from office can be reappointed back to the same office?

2001-01

PERMANENT VACANCY IN THE SANGGUNIANG BAYAN/APPOINTING AUTHORITY

1) Who is the proper authority to act on the appointment of a Sangguniang Bayan Member?
2) What are the mandatory requirements for the appointment of a Sanggunian Member in a permanent vacancy?

c) Sessions/Meetings
2000-02

IRP; AMENDMENTS THEREOF; MEETINGS/SESSIONS

1) Whether or not there was a valid amendment of the Internal Rules of Procedure (IRP) of the Sangguniang Bayan of Paracelis on its regular session based on a duly approved motion to reset the holding of such session from Tuesday to Monday despite the absence of a duly signed resolution approving said amendment; and

2) Whether or not the Sangguniang Bayan (SB) can hold a regular meeting/session despite the “absence” of the Vice Mayor.

2003-37

1) Whether or not the Sangguniang Panlungsod may validly hold sessions outside of its territorial jurisdiction; and

2) Whether or not an assembly of all members of the Sangguniang Panlungsod may be converted into a Special Session on motion presented during the same gathering.

2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?
2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?
3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2005-116

Legal opinion on the following issues relative to the constitution of the Committee of the Whole as well as other matters on local legislation:

1) Whether or not the Vice Mayor can legally preside over Sanggunian Bayan sessions where the body constituted itself as a Committee of the Whole to expedite the deliberation/resolution of a particular item/matter.

2) What does it mean by Committee of the Whole?

3. Under what instances may the Sangguniang Bayan constitute itself as a Committee of the Whole?

4) When an item in the calendar of business is jointly referred to two or more SB Standing Committees for committee study, who should preside over that joint Committee Meeting?

5) Whether or not the Sangguniang Bayan of Hungduan may legally pass a resolution exempting the ABC President, who comes from a far flung Barangay of Hungduan, from the application of Paragraph C, Section 1, Rule Xvi of the Sangguniang Bayan Internal Rules of Procedure.

2007-174

Enlightenment on the following issues:

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?

2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

-Is she entitled to her salary if she is absent for three consecutive sessions?

-Can the SKF President claim her RATA even if she is on leave of absence?

-If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

-Can the SKF Vice President represent her in sessions?

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)
d) Powers and Functions
1999-10

PREVENTIVE SUSPENSION OF A BARANGAY OFFICIAL:
RECOMMENDATION BY THE SANGGUNIANG BAYAN

Whether or not the Sangguniang Bayan can recommend to the Mayor the preventive suspension of a barangay official in its capacity as a quasi-judicial body?

2000-22

POWER OF THE SANGGUNIAN TO FIX COMPENSATION:

Whether or not the Sangguniang Bayan can increase the salary of the Municipal Mayor, Vice Mayor and SB Members?

2001-25

POWER OF THE SANGGUNIAN TO ISSUE ADDITIONAL IMPLEMENTING GUIDELINES OF LAWS:

Whether or not the Sangguniang Panlalawigan of Benguet has the power or authority to issue additional or supplementary implementing guidelines of RA 8185

2001-28

POWER TO CREATE AND ABOLISH POSITIONS:

Whether or not the SP can just abolish positions, already created and funded upon the request of the Provincial Governor, without any request for abolition from the latter and considering the fact that such abolition was made within a span of just more than a month from their creation

2002-01

DISCIPLINARY ACTIONS AGAINST LOCAL ELECTIVE OFFIALS/PREVENTIVE SUSPENSION:

1) Whether or not the case filed with the Sangguniang Bayan of Alfonso Lista, Ifugao should be dismissed on such grounds as invoked by the respondent barangay officials?

2) Whether or not the preventive suspension for 60 days of the respondents is valid?

2002-09 Whether or not the Sangguniang Panlalawigan is empowered to approve the listing of the 20% Provincial Development Fund which has already been consolidated and approved by the Provincial Development Council.
2002-11

Contract of Lease involving the Government Center owned by the Provincial Government of Mountain Province which was entered into by and between the Provincial Government of Mountain Province, duly represented by then Governor Leonard G. Mayaen, and nine (9) private individuals as lessor and lessees:

1) “Whether or not the ratification made by the Sangguniang Panlalawigan through Provincial Resolution No. 121 is in accordance with law; and

2) Whether or not the Sangguniang Panlalawigan has the power and authority to amend the provisions of the contract of lease executed on March 1, 2001.”

2002-18 Opinion on the issue as to whether or not the Sangguniang Barangay of Tuding, Itogon, Benguet could enter into a quarry business
2002-19 Whether or not the Sangguniang Panlalawigan (SP) of Mountain Province has the authority to pass SP Resolution No. 66 authorizing the suspension of the granting of loans to certain individual and group borrowers under the Provincial Livelihood Program
2002-20 Opinion on the issue of whether or not the Sangguniang Panlalawigan (SP) of Mountain Province has the authority to pass SP Resolution No. 66 authorizing the suspension of the granting of loans to certain individual and group borrowers under the Provincial Livelihood Program
2002-24

Opinion regarding Resolution No. 247-A, series of 2002 entitled: Authorizing the Municipal Mayor of Tuba to enter into a Memorandum of Agreement (MOA) with the Municipality of Itogon for a 50-50 share on the national wealth derived from Philex Mining Corporation, Tuba, Benguet passed by the Sangguniang Bayan (SB) of Tuba,Benguet:

Whether or not the MOA has legal basis and if thesame conforms to the provisions of the Local Government Code of 1991

2003-36 Is the special joint session of the Executive and Legislative Department for the deliberation of the 2003 Annual Budget held at Davidson Hotel on January 9, 2003 valid or legal?
2003-40

Issue on the construction of the supposed Multipurpose Pavement at Bauko, Mt. Province:

Is it proper for the Sanggunian Members to enter into an amicable settlement favoring the release in the payment of the project despite the fact that there was no project done?

2003-45 Whether or not the Sangguniang Barangay of Poblacion, Kiangan can grant allowances to members of the Lupong Tagapamayapa
2003-50

-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?

 

-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?

 

2003-52 Opinion on whether or not the Sangguniang Bayan of Lamut, Ifugao should proceed with the investigation of a Punong Barangay of Poblacion East, that municipality, considering the fact that his conduct unbecoming of a public official occurred outside his barangay or outside the Municipality of Lamut
 2003-53 Opinion on at least five (5) issues that can be rephrased to only one issue as to 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
 2003-56

Opinion regarding a legal problem you have encountered concerning the discipline of an elective barangay official

 2003-57 Opinion whether or not the Sangguniang Bayan of Mayoyao, Ifugao is authorized to delineate its barangay boundaries considering the fact that only the sitios composing each barangay were mentioned but there is no boundary delineation
 2003-65 Legal opinion on whether or not the deliberation and subsequent approval of the proposed CY 2004 budget may include the reorganization or restructuring of certain departments of the City of Baguio
 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?
 2004-87 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?
 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):

1) Based on Sec. 444 Number 1 (viii) can the SB come up with an Ordinance on when and where they will receive their salary. Can they impose sanction against the LCE if he/she neglects to sign the payroll before the time employees and officials ought to receive their salaries?

2) Can the SB authorize the Vice Mayor to sign the payroll of salary intended for the officials and employees of the SB? Anyway the PS is a compulsory expense of the LGU and that the undersigned believes that the approval of the LCE of the payroll is ministerial in nature.

3) Is there other legal basis for the Vice Mayor to sign the payroll of salary intended for the SB officials and employees instead of the Mayor?

4) Should there be a legal basis for the Vice Mayor to sign the payroll of salaries of the SB officials and employees, will the Bureau of the Treasury allow the Vice Mayor to be bonded?”

 2005-97 Enlightenment on the seemingly conflicting provisions of RA 7160 otherwise known as the Local Government Code of 1991 (hereinafter referred to as the Code for brevity) and the Katarungang Pambarangay Rules and Regulations (Rules for short) which was cited in page 53 of The Barangays of the Philippines, 1996 Edition, particularly on the amount of filing fees for cases filed with the Barangay Lupon
 2005-116

Legal opinion on the following issues relative to the constitution of the Committee of the Whole as well as other matters on local legislation:

1) Whether or not the Vice Mayor can legally preside over Sanggunian Bayan sessions where the body constituted itself as a Committee of the Whole to expedite the deliberation/resolution of a particular item/matter.

2) What does it mean by Committee of the Whole?

3) Under what instances may the Sangguniang Bayan constitute itself as a Committee of the Whole?

4) When an item in the calendar of business is jointly referred to two or more SB Standing Committees for committee study, who should preside over that joint Committee Meeting?

5) Whether or not the Sangguniang Bayan of Hungduan may legally pass a resolution exempting the ABC President, who comes from a far flung Barangay of Hungduan, from the application of Paragraph C, Section 1, Rule Xvi of the Sangguniang Bayan Internal Rules of Procedure.

 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?

 2006-129 Letter-query asking if the Sangguniang Bayan (SB) of Sagada, Mountain Province has the authority to impose a three-month suspension against one of its members, Hon. Eduardo Guitelen
2006-132 Legality of the Agreement, dated May 15, 2006, which was entered into by and between Hon. Raymundo W. Celino and Hon. Tony A. Dupiano, Municipal Mayors of Bokod, Benguet and Kayapa, Nueva Vizcaya, respectively, who are representing their respective Municipality
2006-134

Letter-query clarifying if the Sangguniang Barangay (SB) of Butigue has the authority to terminate one of its members. The SB Member was accused of rape and detained since January 14, 2005 until his release on February 24, 2006 after he was acquitted by the Regional Trial Court, Bontoc, Mountain Province

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
2006-139

Legal opinion on the vacancy in the Provincial Government of Ifugao which was caused by the recent death of Provincial Governor Benjamin Cappleman, specifically, on the following issues:

-Does the ranking of the Sanggunian to fill up permanent vacancy apply only to the Local Chief Executive for purposes of automatic succession and not to the position of the Vice Governor?

-Who among the Sangguniang Panlalawigan members caused the vacancy in order to know the party of the nominee who will fill up the vacant SP position? What procedures to undertake in the appointment of vacant SP position?

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

2007-174

Enlightenment on the following issues:

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?

2008-175 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

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 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 Municipality
2008-181

Letter-query raising several 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

2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

1) Is she entitled to her salary if she is absent for three consecutive sessions?

2) Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

3) Can the SKF President claim her RATA even if she is on leave of absence?

4) If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

5) Can the decision of the MLGOO assigned to this LGU override the rules and regulations being implemented by the office of the Municipal Accountant and Municipal Budget with regards to RATA?

6) Can the SKF Vice President represent her in sessions?

2008-190

Issues regarding the use of Municipality’s five percent (5%) calamity fund:

1) Can a Sangguniang Bayan Resolution suspend any disbursement or payment of projects under the said calamity fund?

2) Is it necessary/required that the list of projects being prepared by the MDCC has to be reviewed and approved by the Sangguniang Bayan?

3) Does the Sangguniang Bayan, exercising its oversight function, has the power to validate, classify and declare whether or not the projects being implemented can be charged against the 5% Calamity Fund?

2008-194

Opinion relating to an administrative case filed before the sangguniang bayan of Kiangan, Ifugao against a barangay captain:

1) Whether or not the barangay captain has the authority to discipline sangguniang barangay members on his own and as a consequence thereof, order the suspension of payment or withholding of their honorarium and exclusion of their names from the payroll without due notice to the members.

2) Sanctions for failure to comply with the prescriptive period prolonging the mediation proceedings up to more than three months instead of constituting the Pangkat ng Tagapagkasundo to hear the matter.

3) Sanctions for failure to constitute lupon and/or pangkat ng tagapagkasundo.

2008-196

Regarding dministrative case filed against a municipal mayor before the Sangguniang Panlalawigan:

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?

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
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
2009-207

Letter-query of Municipal Planning & Development Coordinator:

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.

2009-214 Issue as to whether or not the Sangguniang Panlalawigan (SP) of Abra has jurisdiction over the administrative charge filed against Punong Barangay
2010-220 Advice / opinion regarding an appeal filed before the Sangguniang Panlalawigan (SP) of Apayao by a Punong Barangay who was earlier meted a penalty of three (3) months suspension without pay by the Sangguniang Bayan (SB) of Luna, Apayao
2010-224

Opinion on the following issues:

1) Whether or not the municipality can disburse funds and operationalize its projects/programs under the new budget despite the fact that the Sangguniang Panlalawigan has not yet completed its review of said budget.

2) Whether or not the new budget is already deemed reviewed if the Sanggpuniang Panlalawigan fails to inform the municipality of the results of the review within the 90 day period prescribed by law.

3) Whether or not the Sangguniang Panlalawigan can still review the budget at anytime beyond the 90 day period of review.

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.

2010-229

Issues relative to the impending vacancy in the office of the Punong Barangay of Barangay Ferdinand (Lubong), Calanasan, Apayao due to the absence of a candidate for said position in the just-concluded Synchronized Barangay and SK Elections:

1) How will the vacancy be filled up?

2) If the highest ranking sanggunian barangay member and the other succeeding sangguniang barangay members refuse to assume in the Office of the Punong Barangay, what will be the effect to them?

3) Can the highest and succeeding sangguniang barangay members waive their right if they refuse to assume in the office of the Punong Barangay?

4) Is it possible that said vacancy be filled up through appointment?

2010-232 Opinion as to whether or not the Sangguniang Bayan (SB) of Pinukpuk, Kalinga is authorized to order the Local Finance Committee (LFC) to withhold the salary of one of the sanggunian members
e) Presiding Officer
2000-08

TEMPORARY VACANCY IN THE OFFICE OF THE PRESIDING
OFFICER OF A SANGGUNIAN; DOUBLE COMPENSATION

1) Whether or not a Vice Mayor, being the presiding officer of the sanggunian, may be charged administratively for not attending/presiding for four to six consecutive regular sessions although he was on official travel?

2) Whether or not an Officer-in-Charge in the Office of the Vice Mayor may automatically preside in a regular session? and

3) What is the meaning of the word “DOUBLE COMPENSATION” as applied in the government service?

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 duly approved ordinance by virtue of an Office Order.

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?

f) Complaint Against/With Cases/Disciplinary Action  
1999-13

DISCIPLINARY ACTIONS: BARANGAY OFFICIALS

A Resolution passed by the Sangguniang Barangay of Camdas Subdivision, entitled Resolution Requesting the DILG to Intervene in Behalf of the Barangay Council on the Imposition of the Appropriate Disciplinary Action on Elected Barangay Official/s who had been Consecutively Absent from the Regular Barangay Council Meeting for Four Consecutive or More Times (sic), endorsed to this level for "rendition of legal opinion" on 12 November 1999 by the DILG-Baguio City Field Office

2000-26

JURISDICTION OVER COMPLAINTS AGAINST ELECTIVE
BARANGAY OFFICIALS/INVESTIGATIVE POWER OF DILG

Who has jurisdiction over a complaint on the alleged “highly irregular manner in which Barangay Chairperson Adoracion S. Fernandez of Barangay Lualhati, Baguio City, conducts hearing of complaints at the Tanggapan ng Punong Barangay?

2003-40

Letter-query relative to the construction of the supposed Multipurpose Pavement at Bauko, Mt. Province:

1) Whether or not the payment could be released despite the fact that a mere riprap was accomplished and not a multipurpose pavement?
2) What would be the consequences if the payment would still be released in spite of the fact that a multipurpose pavement was not completely constructed?
3) What is the difference between a multipurpose pavement and a riprap?
4) Is it proper for the Sanggunian Members to enter into an amicable settlement favoring the release in the payment of the project despite the fact that there was no project done?

2003-54

Opinion on the issue as hereunder quoted:

“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.”

2004-74 Issue as to who should be invited to represent Lagayan, Abra to the Vice Mayor’s League, Abra Chapter Elections
2004-86 Legal opinion on certain issues relative to the discipline of a Sangguniang Bayan member as provided in the Internal Rules of Procedure (IRP) of said sanggunian
2005-100

Issues regarding the discipline of a Punong Barangay who is an ex-officio member of the Sangguniang Bayan (SB) being the President of the Liga ng mga Barangay, Municipal Chapter:

-Whether or not the Sangguniang Bayan wherein the Barangay Captain is an exofficio member is the legal body to hear the case.

2006-129 Letter-query inquiring if the Sangguniang Bayan (SB) of Sagada, Mountain Province has the authority to impose a three-month suspension against one of its members
2006-133 Opinion on whether or not Hon. Nonito P. Wilbur, Member, Sangguniang Bayan of Danglas can claim his salaries pending the final resolution of the criminal charges filed against him
2006-137

Regarding the administrative charge against a President of the SK Municipal Chapter:

1) Whether or not the Affidavit of Desistance of the complainant is a valid ground for the dismissal of the administrative complaint already filed with the Sangguniang Bayan.

2) Whether or not the Sangguniang Bayan has the jurisdiction over the case of an SK Municipal Federation President who is an ex-officio member thereof.

2009-215

Alleged persistent absences incurred by a Sangguniang Bayan (SB) member of the Municipality of Sallapadan, Abra:

-Can the Office of the Sangguniang Bayan order the Municipal Treasurer to withhold her salary?

-What ohter legal actions can the office give to the said SB Member?

g) Ex-Officio Members
2001-07

EFFECT OF THE FILING OF CANDIDACY FOR VICE MAYOR BY AN EX-OFFICIO MEMBER OF THE CITY COUNCIL

What is the effect of the filing of candidacy for Vice Mayor by City Councilor Leandro Yangot on his position as ex-officio member of the City Council of Baguio?

2002-07 Clarification as to  whether or not a Punong Barangay is entitled to a monthly salary as ex-officio member of the SB
2002-14 Whether or not as Provincial Chapter President of the Liga ng mga Barangay and Ex-officio member of the Sangguniang Panlalawigan, is still entitled to receive full salary
2002-15

Legal opinion rendered in response to the query of Secretary to the Sangguniang Panlungsod, Baguio City relative to the request of ex-officio SP Member for Authority to Travel on Official Business , and for Official Leave of Absence  to enable him to attend the Pre-departure Activities as well as to fulfill his duties and responsibilities as Ambassador of Goodwill of the Philippines:

1) Whether or not the term of office of SP Member Tambol as SK Federation President and as ex-officio member of the SP extend until October 29, 2002?;

2) Assuming that he is granted official leave of absence until October 29, 2002 but the new SK Federation President would have been elected and qualified prior to October 29, 2002, what would be the effect of such election and qualification of the new SK Federation President on the official leave of absence of Councilor Tambol as ex-officio member of the SP?

2005-100

Issues regarding the discipline of a Punong Barangay who is an ex-officio member of the Sangguniang Bayan (SB) being the President of the Liga ng mga Barangay, Municipal Chapter:

-Whether or not the Sangguniang Bayan wherein the Barangay Captain is an exofficio member is the legal body to hear the case.

2005-102

Opinion on  temporary assumption as ex-officio member of the Sangguniang Panlalawigan (SP) of Abra:

Enlightenment on the validity or legality of assumption as ex-officio member of the SP in a temporary capacity

2005-103

Legal opinion regarding the continued absence of Hon. Victoria T. Dickson, an ex-officio member of the Sangguniang Panlalawigan (SP) of Abra, due to a heart attack

1) Does the failure of Hon. Dickson to attend sessions of the SP without filing a sick/vacation leave constitute abandonment of office?

2) Can the Vice President of the PCL Provincial Federation validly and legally take over the functions and duties of the PCL President considering the latter’s continued absence?

2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-137

Letter-query regarding the administrative charge against a President of the SK Municipal Chapter:

1) Whether or not the Affidavit of Desistance of the complainant is a valid ground for the dismissal of the administrative complaint already filed with the Sangguniang Bayan.

2) Whether or not the Sangguniang Bayan has the jurisdiction over the case of an SK Municipal Federation President who is an ex-officio member thereof.

2006-142 Guidance whether or not a Municipal Mayor can validly grant the request or demand of a certain Mr. Lamberto L. Llopis for the payment of unpaid benefits of certain local officials in Municipality
2007-154 Clarification if the next highest ranking officer of the Philippine Councilors League (PCL), Provincial Federation of Abra who has just been re-elected and was recently appointed by the PCL’s National Chairman to sit as the interim President of PCL Abra could legally sit as ex-officio member of the newly Sangguniang Panlalawigan of Abra until the next Federation President shall be duly elected and qualified
2007-156 Interpretation of Rule XXXIX, Article 210 (d)(2) of the Implementing Rules and Regulations (IRR) of the Local Government Code of 1991 which states that “[T]hey shall serve as ex-officio members of the sanggunian concerned only during their term of office as presidents of the liga chapters, which in no case shall go beyond the term of office of the sanggunian concerned”
2007-163

Opinion regarding the filling up of vacancies in the office of the exofficio members of said august body:

How would the permanent vacancy in the representation of the PCL in the SP be filled up?

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
2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

-Is she entitled to her salary if she is absent for three consecutive sessions?

-Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

-Can the SKF President claim her RATA even if she is on leave of absence?

-If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

-Can the SKF Vice President represent her in sessions?

h) Proclamation
2001-20

PROCLAMATION OF A WINNING CANDIDATE

Whether or not Mr. Rodolfo S. Soriano, declared by the Regional Trial Court as the winning candidate to the office the Sangguniang Bayan of Buguias, can attend the regular session of the august body even without proclamation made by the Board of Canvassers as directed by the Court.

2004-83 Legal opinion on whether or not a Sangguniang Panlalawigan Member is entitled to salaries  from the day of assumption to office on June 30, 2004 up to official proclamation on July 27, 2004.
i) Committee, Membership to/Powers of
2001-33

MINORITY PARTY REPRESENTATIVE TO THE PBAC

Whether or not the move of the Sangguniang Bayan of Lamut for voting and chosing sanggunian member who has no party affiliation in the Prequalification, Bids and Awards Committee (PBAC)  is valid

2004-72

Opinion relative to the functions of the Local Finance Committee created pursuant to Section 316 of the Local Government Code of 1991:

Whether or not the said committee can disapprove or review contracts or memorandum of agreement already ratified by the Sangguniang Panlalawigan

2007-146

Opinion regarding appropriation of the share from the proceeds of the development and utilization of the National Wealth of Mankayan, Benguet and the publication of the Invitation to Bid of projects covered:

-Can the Sangguniang Bayan of Mankayan appropriate the Municipality’s share from the proceeds of the development and utilization of its National Wealth through a mere resolution and without an appropriations ordinance?

j) Internal Rules of Procedure
2000-02

IRP; AMENDMENTS THEREOF; MEETINGS/SESSIONS

1) Whether or not there was a valid amendment of the Internal Rules of Procedure (IRP) of the Sangguniang Bayan of Paracelis on its regular session based on a duly approved motion to reset the holding of such session from Tuesday to Monday despite the absence of a duly signed resolution approving said amendment; and

2) Whether or not the Sangguniang Bayan (SB) can hold a regular meeting/session despite the “absence” of the Vice Mayor.

2002-06

Opinion regarding Resolution No. 2002-437 of the Sangguniang Panlalawigan of Ifugao entitled “Resolution Declaring Section 42 of Ordinance No. 63, Series of 2001 of the Sangguniang Bayan of Lagawe Ifugao Invalid”:

1) Whether or not rules of procedures in the conduct of administrative proceeding must or should be in accordance with the Rules of Court so that any inconsistency between the two would render the former invalid; and
2) Whether or not the quorum provided by the SP in its Internal Rules of Procedure is valid and in accordance with Section 53 of the LocalGovernment Code of 1991.

2004-86 Legal opinion on certain issues relative to the discipline of a Sangguniang Bayan member as provided in the Internal Rules of Procedure (IRP) of said sanggunian.
2005-116

Legal opinion on the following issues relative to the constitution of the Committee of the Whole as well as other matters on local legislation:

1) Whether or not the Vice Mayor can legally preside over Sanggunian Bayan sessions where the body constituted itself as a Committee of the Whole to expedite the deliberation/resolution of a particular item/matter.

2) What does it mean by Committee of the Whole?

3) Under what instances may the Sangguniang Bayan constitute itself as a Committee of the Whole?

4) When an item in the calendar of business is jointly referred to two or more SB Standing Committees for committee study, who should preside over that joint Committee Meeting?

5) Whether or not the Sangguniang Bayan of Hungduan may legally pass a resolution exempting the ABC President, who comes from a far flung Barangay of Hungduan, from the application of Paragraph C, Section 1, Rule Xvi of the Sangguniang Bayan Internal Rules of Procedure.

k) No. of Seats  
2002-13 Opinion or advice relative to the issue as to whether or not the Municipality of La Trinidad, which is now a First class municipality, is entitled to ten (10) seats for the regular Sangguniang Bayan Members
l) Term of Office
2003-67

Legal opinion relevant to the issue:

“Is the 3rd term of office as SB member of Sixto Ariota counted as his last term of office since he was able to serve the position for more than a year?”

2004-76 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.
2007-162 Issue as to whether or not Punong Barangay Tino Batonan of Calamagan, Buguias, Benguet could still run as barangay kagawad in the synchronized barangay and SK elections this coming October 2007. As per representation, PB Batonan was elected for three consecutive terms as Barangay Kagawad in the 1994, 1997 and 2002 Barangay Elections.
m) Ranking/Succession
2005-101 Clarification on the method of ranking the members of the Sangguniang Panlalawigan (SP) for purposes of succession where the Vice Governor becomes acting Provincial Governor.
2006-139

Legal opinion on the vacancy in the Provincial Government of Ifugao which was caused by the recent death of Provincial Governor Benjamin Cappleman:

1) Does the ranking of the Sanggunian to fill up permanent vacancy apply only to the Local Chief Executive for purposes of automatic succession and not to the position of the Vice Governor?

2) Is the position of Vice Governor a permanent or temporary vacancy in the case of Ifugao? If so, how is the procedure in filling up the vacancy and the ranking of the Sanggunian?

4) Who among the Sangguniang Panlalawigan members caused the vacancy in order to know the party of the nominee who will fill up the vacant SP position? What procedures to undertake in the appointment of vacant SP position?

2010-229

Issues relative to the impending vacancy in the office of the Punong Barangay of Barangay Ferdinand (Lubong), Calanasan, Apayao due to the absence of a candidate for said position in the just-concluded Synchronized Barangay and SK Elections:

1) How will the vacancy be filled up?

2) If the highest ranking sanggunian barangay member and the other succeeding sangguniang barangay members refuse to assume in the Office of the Punong Barangay, what will be the effect to them?

3) Can the highest and succeeding sangguniang barangay members waive their right if they refuse to assume in the office of the Punong Barangay?

4) Is it possible that said vacancy be filled up through appointment?

n) Temporary Vacancy
2005-102

Opinion on  temporary assumption as ex-officio member of the Sangguniang Panlalawigan (SP) of Abra:

Validity or legality of Vice President, Philippine Councilor’s League, Abra Chapter Bangued, Abra's assumption as ex-officio member of the SP in a temporary capacity

2005-103

Legal opinion regarding the continued absence of Hon. Victoria T. Dickson, an ex-officio member of the Sangguniang Panlalawigan (SP) of Abra, due to a heart attack:

1) Does the failure of Hon. Dickson to attend sessions of the SP without filing a sick/vacation leave constitute abandonment of office?

2) Can the Vice President of the PCL Provincial Federation validly and legally take over the functions and duties of the PCL President considering the latter’s continued absence?

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 duly approved ordinance by virtue of an Office Order.

o) Leaves/Absences
2005-103

Legal opinion regarding the continued absence of Hon. Victoria T. Dickson, an ex-officio
member of the Sangguniang Panlalawigan (SP) of Abra, due to a heart attack:

1) Does the failure of Hon. Dickson to attend sessions of the SP without filing a sick/vacation leave constitute abandonment of office?

2) Can the Vice President of the PCL Provincial Federation validly and legally take over the functions and duties of the PCL President considering the latter’s continued absence?

2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-136 Comment/opinion on the validity of the action of some members of the Sangguniang Bayan (SB) of your Municipality to consider as present those who were actually absent during the SB’s regular session
2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao

1) Is she entitled to her salary if she is absent for three consecutive sessions?

2) Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

3) Can the SKF President claim her RATA even if she is on leave of absence?

4) If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

5) Can the decision of the MLGOO assigned to this LGU override the rules and regulations being implemented by the office of the Municipal Accountant and Municipal Budget with regards to RATA?

6) Can the SKF Vice President represent her in sessions?

2008-186 Comment and advise whether a Vice Mayor should approve the late application for leave of absences of a sangguniang bayan (SB) member who had been consistently absent from the regular SB sessions and only filed such leave upon receiving a suspension order from the sangguniang bayan and what may be its implications
2009-215

Opinion on the alleged persistent absences incurred by a Sangguniang Bayan Member of the Municipality of Sallapadan, Abra:

1) Can the Office of the Sangguniang Bayan order the Municipal Treasurer to withhold her salary?

2) Is she entitled to her RATA is she only attends session once a month?

3) Is her filing of leave of absence or her presenting of her medical certificates for the missed sessions enough to justify her absences?

4) What other legal actions can the office give to the said SB member?

2009-217 Opinion relating to absences of SK Chairman for about six (6) months due to his transfer to Davao City and asking if he can assume and continue his position as SK Chairman
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?
p) Salary
2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-133 Legal opinion on whether or not Hon. Nonito P. Wilbur, Member, Sangguniang Bayan of Danglas can claim his salaries pending the final resolution of the criminal charges filed against him
2006-142 Guidance whether or not you can validly grant the request or demand of a certain Mr. Lamberto L. Llopis for the payment of unpaid benefits of certain local officials in your Municipality
2009-215

Opinion relative to the alleged persistent absences incurred by a Sangguniang Bayan (SB) member of the Municipality of Sallapadan, Abra:

1) Can the office of the Sangguniang Bayan order the Municipal Treasurer to withhold her salary?

2) Is she entitled to her RATA if she only attends once a month?

3) Is her filing of leave of absence or her presenting of her medical certicates for the missed sessions enough to justify her absences?

4) What other legal sanctions can the office give to the said SB member?

q) Running for Elective Post
2007-149 Opinion of former Justice Isagani Cruz to the effect that a councilor is deemed resigned from his office if he runs for another position

 


 

 SANGGUNIANG KABATAAN
OPINION NO.
ISSUES
 DOWNLOAD 
1999-01

 SK FUND DISBURSEMENT

1) Whether or not the Sangguniang Kabataan can disburse, per its approved plan and budget, its 10% share in the general fund of the barangay without prior approval of its Punong Barangay; and

2) If the answer is in the affirmative, who will approve the disbursement?

2000-09

 LEAVE OF ABSENCE

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?

2000-10

 BACKWAGES

Whether or not the claim of Acting SK Chairman Federation President and exofficio SB member Banjo Niño Flores for backwages is valid?

2000-12

 NATURE OF PUBLIC OFFICE; RECALL

1) Can the aforementioned MOA be implemented and/or enforced?

2) If the answer to the first query is in the negative, can the recall petition initiated earlier be continued or is there a need to file a new petition for recall?

2002-15

 

Legal opinion rendered on July 24, 2002 in response to the query of Atty. Ronaldo B. Perez, Secretary to the Sangguniang Panlungsod, Baguio City relative to the request of ex-officio SP Member Jonathan B. Tambol for Authority to Travel on Official Business for the period July 29, 2002 to September 8, 2002, and for Official Leave of Absence from September 8, 2002 to October 29, 2002, to enable him to attend the Pre-departure Activities as well as to fulfill his duties and responsibilities as Ambassador of Goodwill of the Philippines:

1) Whether or not the term of office of SP Member Tambol as SK Federation President and as ex-officio member of the SP extend until October 29, 2002?;

2) Assuming that he is granted official leave of absence until October 29, 2002 but the new SK Federation President would have been elected and qualified prior to October 29, 2002, what would be the effect of such election and qualification of the new SK Federation President on the official leave of absence of Councilor Tambol as ex-officio member of the SP?; and

3) As one of the two delegates from Baguio City to the 29th SSEAYP, is the participation of Councilor Tambol falls under his duties and functions as SK Federation President and ex-officio Member of the SP to justify his travel on Official Business to attend to the pre-departure activities from July 29, 2002 to September 8, 2002?

 

2002-16

Clarifications on the following issues:

1) Whether or not the highest ranking Sangguniang Barangay Member would succeed to the Office of the Punong Barangay after the incumbent Punong Barangay of Caponga, Tublay, who is seeking re-election unopposed, died in a vehicular accident before the just concluded July 15, 2002 Synchronized Barangay and SK Elections?;

2) If the answer in the first issue is in the affirmative, whether or not there is need for the highest ranking Sangguniang Barangay Member to take his or her oath as Barangay Kagawad first before taking his or her oath as Punong Barangay?; and

3) Whether or not to defer business with the SK considering the many vacancies therein as a result of the fact that only few have filed their candidacy?

2002-27 Legal opinion with regards to the succession and filing up of vacancies re: Sangguniang Kabataan Federation President who have been elected as President of a higher federation, may we cite to you the following provisions of the 2001 Katipunan ng Kabataan (KK) and Sangguniang Kabataan (SK) Constitution and By-laws
2002-30

1) Whether or not the Elected ABC President and SK Federation President who are ex-officio members of the sangguniang bayan and are receiving their salary and RATA as such, can also receive their allotted honorarium as barangay officials.

2) Can elected barangay officials, be a member of the CAFGU and again receive honorarium as such? How about elected ABC President?

2003-38

Letter-query regarding unfilled positions of SK Officials in the newly-created barangays of Bulanao Norte and Ipil, both of the municipality of Tabuk:

1) Whether or not Sec. 3 of SP Ordinance 2002-02 applies to the position of SK Chairman considering that he is a barangay official as per LGC of 1991;

2) Whether or not Sec. 3 of said ordinance apply to SK Chairman and SK Kagawad;

3) If the answer to the first query is in the affirmative, how will the remaining vacancies be filled? and

4) If the answer to the second query is negative, how will the vacancies be filled?”

2003-43

Clarification on the rule on succession, particularly on whether or not it is automatic for Ms. Wilfreda Baro of Barangay Calao, Bucay, Abra, to be appointed SK Chairman considering that she is the duly elected number two SK Kagawad

2003-48

Opinion on the following issues:

1) If the SK Federation President is pressured/forced to resign from his/her post as Municipal SK Fed. President, can he/she go back to his/her barangay as chairman notwithstanding Art. XVI, Sec. 4, e?

2) In case of failure of election of officers of the SK at the barangay level, can the Election Supervisor schedule and declare another election?

2003-55

Opinion on the appropriateness of the Liga ng mga Barangay Resolution particularly on the issue:


Whether or not the chairman and the members of the Board of Election Supervisors (BES), created during the SK Special Elections in the eight different barangays of Kiangan, Ifugao, are entitled to honorarium?

2003-63 Opinion relative to the allocation of the 10% SK fund wherein the punong barangay and members of the barangay council was planning to appropriate some amount (from the 10% SK funds) to augment the construction of the Barangay Health Center as stated to your letter
2004-89 Legal opinion regarding the educational benefits of barangay officials as well as their legitimate dependents under the Local Government Code of 1991 (RA 7160)
2005-111

Issues concerning the enrollment of the Hon. Marbelyn L. Ramirez, President of the Municipal SK Federation of Tineg, at the Saint Louis University (SLU), Baguio City:

1) Can Marbelyn’s mother legally represent her in the SB session?

2) If not, is Marbelyn entitled to her salary, RATA and TEV that her mother collected/got from the treasury?

3) What are the legal steps necessary to be undertaken in order to oust and remove her as SK Federation President and ex officio member of the SB for not attending the SB sessions?

2006-137

Letter-query regarding the administrative charge against a President of the SK Municipal Chapter wherein you raised the following issues:

1) Whether or not the Affidavit of Desistance of the complainant is a valid ground for the dismissal of the administrative complaint already filed with the Sangguniang Bayan.

2) Whether or not the Sangguniang Bayan has the jurisdiction over the case of an SK Municipal Federation President who is an ex-officio member thereof.

2007-144 Issue as to whether or not the Sangguniang Kabataan (SK) Chairman could be appointed as Researcher on a Job Order basis at the Office of the Municipal Vice Mayor
2008-182

Legal opinion concerning the claim to salaries and Representation and Traveling Allowance (RATA) of the Municipal SK Federation (MSKF) President of Luna, Apayao:

1) Is she entitled to her salary if she is absent for three consecutive sessions?

2) Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

3) Can the SKF President claim her RATA even if she is on leave of absence?

4) If she hold meeting of the Municipal SK Federation on either Saturday, Sunday or Holiday, can she be entitled to RATA?

5) Can the decision of the MLGOO assigned to this LGU override the rules and regulations being implemented by the office of the Municipal Accountant and Municipal Budget with regards to RATA?

6) Can the SKF Vice President represent her in sessions?

2008-187 Legal opinion on the implementation of educational benefit provided for under Section 434 of the Local Government Code of 1991 which the Ifugao State College of Agriculture and Forestry (ISCAF) refuses to grant to its supposed beneficiaries
2008-192 Opinion relative to the educational benefit for barangay officials and their legitimate dependents
2008-193 Opinion on the legality of the Institutional Policy on the BSU-LGU study grant
2009-208

Clarification on honoraria as Sangguniang Kabataan Chairman:

1) Am I entitled to receive the same amount of Honorarium (P5,550.74) as received by my colleagues, notwithstanding the fact that I am also receiving a salary for being a SK Federation President?

2) Is there any law or is it legal for the Barangay Council to fix my Honorarium in the amount of Six Hundred (P600.00) Pesos for the reason that I am receiving a salary for being an SK Federation President?

3) Granting that it is illegal, am I entitled to back wages and to claim unpaid bonuses/cash gifts?

4) If it is legal that my honorarium as SK Chairman of this Barangay can be reduced considering that I am an SK Federation President and receiving salary as such, may I be clarified of the legal basis for computing its reduction?

2009-210 Comment on the Proposed Ordinance Granting Benefits and Emoluments to all Sangguniang Kabataan Kagawads of Baguio City
2009-217 Opinion relating the absences of SK Chairman for about six (6) months due to his transfer to Davao City

 


 

SB SECRETARY, POWERS & FUNCTIONS
OPINION NO.
ISSUES
 DOWNLOAD 
2002-10

1) Is the SB Secretary allowed to actively participate in the deliberations and discussions of issues presented to the Sangguniang Bayan?

2) Can the SB Secretary berate, admonish and hurl invectives to members of the Sangguniang Bayan while they are in session?


 


 

SPECIAL EDUCATION FUND
OPINION NO.
ISSUES
 DOWNLOAD 
2000-20

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

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

2003-58

Is the Abra High School, being a public secondary school in the municipality of Bangued, included as beneficiary of the Special Education Fund from the Internal Revenue Allotment (IRA) of the municipality?




 

TRAVELS
OPINION NO.
ISSUES
 DOWNLOAD 
2000-14

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?

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

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

 RE: 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?

2002-21 Opinion on the issue as to who will issue the travel order of the Vice Governor
2003-47

Query regarding the coverage of Memorandum Orders issued by the Mayor affecting all the employees and officials:

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?

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?

 

 


 

VICE MAYOR
OPINION NO.
ISSUES
 DOWNLOAD 
a) Powers, Duties, Functions
2005-91 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)
2005-116

Whether or not the Vice Mayor can legally preside over Sanggunian Bayan sessions where the body constituted itself as a Committee of the Whole to expedite the deliberation/resolution of a particular item/matter.

2007-164 Legal opinion on the issue as to whether or not the Acting Municipal Vice Mayor of Paracelis, Mountain Province can now exercise the power to appoint employees of the Sangguniang Bayan (SB) including that of the Office of the Vice Mayor
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?

2008-182

Can the Vice Mayor or any member of the legislative body question the decision of the Municipal Accountant and Municipal Budget Officer for not granting RATA based on the records furnished?

2009-203 Opinion regarding a Memorandum issued by municipal mayor re: “Authority of Official Travel outside the municipality of Municipal Officials and Employees for a Period not exceeding Thirty (30) days”
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
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.

 

 

 


2007-172