Top Banner
DILG Legal Opinion Archive as Indexed 1 DILG Clarification as to the propriety of procurement of insurance coverage with private insurance company/ies rather than with the Government Service Insurance System (GSIS)Reference No: LO-098S2011 September 11, 2014 2 Request for DILG review and comments on the Municipal Ordinance No. 01S2010 vis-a-vis DILG MC No. 2011-151Reference No: LO-097S2011 September 11, 2014 3 Seek clarification from DILG regarding legal authority to render the opinion addressed to the members of the Sangguniang Bayan of Altavas, AklanReference No: LO-096S2011 September 11, 2014 4 Opinion whether or not said barangay may continue Barangay Ordinance No. 02-97 notwithstanding DILG Memorandum Circular (MC) No. 2011-122 which prohibits the imposition and pass through feesReference No: LO-094S2011 September 11, 2014 5 issue to be resolved between the representations of the Vice Mayor and the minutes as reflected in the Sanggunian's journalReference No: LO-091S2011 September 11, 2014 6 Requirements of the issuance / approval of the business permitsReference No: LO-090S2011 September 11, 2014 7 Seek for DILG assistance in the enforcement of the local tax exemptions granted by RA 9520 in connection with the renewal of its business permit in the city of PasigReference No: LO-086S2011 September 11, 2014 8 Request for DILG guidance regarding the DILG opinion on the issues in relation to DILG Memorandum Circular No. 2011-151Reference No: LO-083S2011 September 11, 2014 9 Clarification on the Memorandum Circular (MC)No. 2011-151 on the suspension of pass through feesReference No: LO-082S2011 September 11, 2014 1 0 Term of Office and age qualification of the Sangguniang KabataanReference No: LO-075S2011 September 11, 2014
41
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Page 1: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

1

DILG Clarification as to the propriety of procurement of insurance coverage with private insurance company/ies rather than with the Government Service Insurance System (GSIS)Reference No: LO-098S2011

September 11, 2014

2Request for DILG review and comments on the Municipal Ordinance No. 01S2010 vis-a-vis DILG MC No. 2011-151Reference No: LO-097S2011

September 11, 2014

3Seek clarification from DILG regarding legal authority to render the opinion addressed to the members of the Sangguniang Bayan of Altavas, AklanReference No: LO-096S2011

September 11, 2014

4

Opinion whether or not said barangay may continue Barangay Ordinance No. 02-97 notwithstanding DILG Memorandum Circular (MC) No. 2011-122 which prohibits the imposition and pass through feesReference No: LO-094S2011

September 11, 2014

5issue to be resolved between the representations of the Vice Mayor and the minutes as reflected in the Sanggunian's journalReference No: LO-091S2011

September 11, 2014

6Requirements of the issuance / approval of the business permitsReference No: LO-090S2011

September 11, 2014

7Seek for DILG assistance in the enforcement of the local tax exemptions granted by RA 9520 in connection with the renewal of its business permit in the city of PasigReference No: LO-086S2011

September 11, 2014

8Request for DILG guidance regarding the DILG opinion on the issues in relation to DILG Memorandum Circular No. 2011-151Reference No: LO-083S2011

September 11, 2014

9Clarification on the Memorandum Circular (MC)No. 2011-151 on the suspension of pass through feesReference No: LO-082S2011

September 11, 2014

10Term of Office and age qualification of the Sangguniang KabataanReference No: LO-075S2011

September 11, 2014

11

Clarification /legal opinion relation to DILG Department Order (DO) No. 2009-321 dated 13 March 2009 in relation to Section 73 of the implementing Rules and regulation of republic Act No. 6975Reference No: LO-074S2011

September 11, 2014

12Request for DILG for the legal interpretation on Memorandum Circular (MC) No. 2011-59Reference No: LO-073S2011

September 11, 2014

Page 2: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

13Clarification on the application and coverage of DILG Memorandum Circular (MC) No. 2010-101Reference No: LO-071S2011

September 11, 2014

14DILG opinion on whether or not the tricycles operated by the Business on Wheels (BOW)program fall within in the context of the provisions of DILG Memorandum Circular No. 2007-01Reference No: LO-070S2011

September 11, 2014

15Request for DILG to cause the implementation of the decision/ resolutions of the past and present SP of the Province of Oriental MindoroReference No: LO-066S2011

September 11, 2014

16What is meant by the words "Territorial jurisdiction " or geographical island" as provided in the said DILG Memorandum Circular No. 2011-59 dated April 25,2011Reference No: LO-065S2011

September 11, 2014

17Seek definitive ruling from DILG whether Regional Order No. 2010-010 as amended by Regional Order No. 2010-010AReference No: LO-063S2011

September 11, 2014

18

Seeking on the clarification on the "scope of the term "Government Vehicle "in relation to the required marking of the words "FOR OFFICIAL USE ONLY" on all government vehicles as directing by DILG in DILG Memorandum Circular (MC) No. 2010-101Reference No: LO-049S2011

September 11, 2014

19

Request for DILG Action on the alleged practice by several Local Government Units (LGUs) of requiring delivery trucks to secure stickers before allowing the same to "access their area"Reference No: LO-047S2011

September 11, 2014

20DILG clarification on the application and legal effect of DILG Legal Opinion No. 19S2011Reference No: LO-037S2011

September 11, 2014

21Opinion on the intended Renewal of Surety bond of F/Director Danilo F Cabrera (Ret.)Reference No: LO-032S2011

September 11, 2014

22Request for an investigation on the alleged abuses by traffic enforcers in Cabatuan, IsabelaReference No: LO-022S2011

September 11, 2014

23

Request an approval from DILG regarding Transfer the earnings of Barangay Semirara, Caluya,Antique to a private bank and use a portion of the 80% of the proceeds derived from mining operations (National Wealth)Reference No: LO-017S2011

September 11, 2014

24 DILG Opinion on whether the soft loan extended by the municipality of Sablayan to Occidental Mindoro Electric Cooperative, Inc. (OMECO),a local electric cooperative may be charged against the municipality's balances of the calamity fund for CY 2010Reference No: LO-

September 11, 2014

Page 3: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

093S2011

25Section 22 (c) of Republic Act No. 7160, otherwise known as the Local Government Code of 1991Reference No: LO-023S2014

September 4, 2014

26Republic Act No. 7160 and Civil Service Commission (CSC) Memorandum Circular No. 40, s 1998Reference No: LO-021S2014

September 4, 2014

27Request for DILG guidance and and legal opinion concerning Section 323 of the Local Government CodeReference No: LO-020S2014

September 4, 2014

28

Opinion on whether the concurrence of the Sanggunian Bayan concerned is required for the release of the Priority Development Assistance Fund (PDAF) as financial assistance to People's Organizations (POs) and non-Governmental Organizations (NGOs) beneficiariesReference No: LO-019S2014

September 4, 2014

29Request for DILG Opinion regarding the Mayoralty Controversy in Isulan, Sultan KudaratReference No: LO-018S2014

September 4, 2014

30

Basis of the LGUs Taxing and Regulatory Power on Extraction of Sand, Gravel and others Quarry Resources, and Department Observation on Section 5F-02 (a) of Municipal Tax Ordinance No. 02,s 2011Reference No: LO-017S2014

September 4, 2014

31Section 90 of Republic Act No. 7160 Practice of ProfessionReference No: LO-016S2014

September 4, 2014

32Clarification on the implementation of Local Budget Circular No. 103 (LBC 103) dated 13 May 2013,particularly on the interpretation of items 7.1 and 7.5Reference No: LO-015S2014

September 4, 2014

33Request guidance as to the legality of appointment of Ms Violeta Tabugo as Women's Sectoral representative to the Sangguniang Panlungsod of Cotabato CityReference No: LO-014S2014

September 4, 2014

34

Opinion on whether an Indigenous People (IP) who ran and lost in the recent National elections and was subsequently selected as an IP Mandatory Representative is or not covered by the prohibition under Section 6, Article IX-B of the 1987 Constitution.Reference No: LO-013S2014

September 4, 2014

35

Opinion and guidance on whether a losing candidate for the position of Sangguniang Bayan member last 2013 Synchronized Local Barangay Elections, is qualified to represent the Indigenous Cultural Communities / Indigenous Peoples (ICCs / IPs)Reference No: LO-12S2014

September 4, 2014

Page 4: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

36DILG opinion regarding the legal implication of the recent conviction by the Sandiganbayan (1st Division) of two (2)Sangguniang Panlalawigan MembersReference No: LO-022S2014

September 4, 2014

37

Request for legal opinion on the validity of the clauses contained in the contractual Joint Venture Agreement (JVA) entered into between the City Government of Paranaque and Altech Contractors, Inc. on 05 February 2010Reference No: LO-011S2014

September 1, 2014

38

Request for opinion on the validity or legality of the Pasay City Government adherence to the procedures under the 2008 NEDA Joint Venture (JV) guidelines together with supporting documentsReference No: LO-010S2014

September 1, 2014

39

Request for DILG Opinion on the City Government plan to build a Local Disaster Preparedness Center which will also house the Central Fire Station and if the same is justified under 5.1.8 of Joint Memorandum Circular No. 2013-1 dated 25 March 2013Reference No: LO-009S2014

September 1, 2014

40

Seeking an opinion on whether the City of Butuan can use the Public Private Partnership (Competitive Challenge / unsolicited proposal for joint ventures) through its own PPP code to undertake the dredging projects as a measure for Disaster Risk Reduction and MitigationReference No: LO-008S2014

September 1, 2014

41Request for legal opinion on the validity of the Contract of Services entered into by the Municipal Mayor without prior Authorization of the Sangguniang BayanReference No: LO-007S2014

September 1, 2014

42Requirements for a Local Government Unit (LGU) loan applicationReference No: LO-006S2014

September 1, 2014

43

Opinion on whether the Commission on Audit's (COA) prescribed salary grade of a City Vice-Mayor (SG26/S1) prevails / supersedes Sec. 9 (a) of Republic Act No. 8297, otherwise konwn as the "Charter of the City of Kabankalan."Reference No: LO-005S2014

September 1, 2014

44Requesting that Ascendant's Fountain Inc. (AFI) be exempted from paying the yearly business permit issued by Las Piñas CityReference No: LO-004S2014

September 1, 2014

45

Request for DILG's guidance relative to the purchase of motor vehicles utilizing the PDAF of Congresswoman Catalina G Leonen-Pizzaro in light of DBM Circular letter No. 2013-8 and the Supreme Court decisionReference No: LO-003S2014

September 1, 2014

46Opinion on the Validity of the disapproval of E.O. No. 40 by the Provincial Governor on review, and query on the status of the contract

September 1, 2014

Page 5: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

as a legal consequences of such disapprovalReference No: LO-002S2014

47

Seeking guidance on whether to proceed with the procurement of one unit multicab intended for Barangay Malawog, Sta. Barbara, Iloilo to be source from the PDAF of Senator Ferdinand "Bongbong" Marcos,Jr.Reference No: LO-001S2014

September 1, 2014

48

Clarification on the issues pertaining to the release of the 2013 Priority Development Assistance Fund (PDAF) for Local Development Project in light of the 19 November 2013 Supreme Court En Banc's ruling on the unconstitutionality of the entire 2013 PDAF ArticleReference No: LO-041S2013

August 29, 2014

49

Whether or not non-paying and non-complying member Barangay of the Association of Barangay Councils (ABC), to as the Cebu City Chapter of the LnB, may still be allowed to nominate, to vote for, and / or be voted upon as a candidate during the election of the new set of officers and Board of DirectorsReference No: LO-040S2013

August 29, 2014

50

Clarification whether the National Liga ng mga barangay thru its opinion dated 27 November has the authority to reverse and / or modify DILG LO no. 113, S dated 05 December 2007 and purpose of the forthcoming Liga ng mga Barangay (LnB) Chapter Elections which shall prevail :DILG LO no 113 S 2007Reference No: LO-039S2013

August 29, 2014

Page 6: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

51Opinion on the legality of the imposition of additional fee by Barangay officials to cable link, considering the congressional Franchise granted to it under RA 9382Reference No: LO-038S2013

August 29, 2014

52Opinion in relation to Carrascal Municipal Ordinance No. 02,S2012Reference No: LO-037S2013

August 29, 2014

53Requesting for a legal opinion on the proper interpretation of the Three-Term Rule vis-avis PB Doloriel's caseReference No: LO-036S2013

August 29, 2014

54Seeking a legal opinion on the propriety and validity of certain appropriations for the office of the Vice Mayor and the Sangguniang PanglungsodReference No: LO-034S2013

August 29, 2014

55

Opinion on whether or not the necessity of upgrading / raising of roads and drainage system by a local government units falls within the purview of 5.0, 5.1.7 or 5.1.8 of the Joint Memorandum Circular no. 2013-1 (JMC No. 2013-1) issued on 25 march 2013 by the National Disaster Risk Reduction and Management Council (NDRRMC), DBM and DILGReference No: LO-033S2013

August 29, 2014

56Requesting Clarification re. Can LGU in Boracay really prohibit the use of the ocean, and what is the punishment for a Mayor who does not follow the law, rules and regulationsReference No: LO-032S2013

August 29, 2014

57

Opinion on the powers of the Local Chief Executive (LCE), to order for a deferment of an order from a quasi-judicial body citing possible disruption of the peace and order therein as well as the general welfare of constituents who may be in the crossfire in case of violence occurs in the implementation of the orderReference No: LO-031S2013

August 29, 2014

58

Opinion on who has the rights (priority)in utilizing the water Resource for public use, it appears that there's a gap between the National Water Resources Board (NWRB) and DILG.Is the NWRB has do power to issue a cease and deceased (sic) order to stop this private corporationReference No: LO-029S2013

August 29, 2014

59Opinion concerning the applicability of Section 62 (c) of Republic Act no. 7160,otherwise known as the Local Government Code of 1991Reference No: LO-027S2013

August 29, 2014

60The prohibition in Section 90 of Republic Act no. 7160 (Local Government Code of 1991) and Section 7 of Republic Act no. 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees)Reference No: LO-026S2013

August 29, 2014

61

Opinion on whether Atty. Ayla V Alim,City Councilor of Mandaluyong City may be entitled to her salaries, wages, benefits and other emoluments due and owing to her as a City Councilor during the period of Sabbatical leave for studies abroad.Reference No: LO-025S2013

August 29, 2014

Page 7: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

62Does the retroactive effect of Appropriation Ordinance enable Local Government to enter into Contracts prior to the approval of their BudgetReference No: LO-024S2013

August 29, 2014

63

Opinion regarding the Resolution no. 119 and 120 of the Sangguniang Panlalawigan of Rizal which declared City Resolution no. 2013-013 (Annual Investment Plan) and City Appropriation Ordinance no. 2013-001 (Annual Budget) is invalid and inoperative on the sole ground that only eight (8) member of the Sangguniang Panglungsod of Antipolo CityReference No: LO-023S2013

August 29, 2014

64

Opinion on whether or not the Local Government Unit (LGU) has the authority to impose taxes upon the business enterprises operating within PHIVIDEC Industrial Estate-Misamis Oriental Special Economic Zone (PIEMO-SEZ); as between the LGU and PIEMO-SEZ; who has the better right to issue business permits to business enterprise operating within PIEMO-SEZReference No: LO-022S2013

August 29, 2014

65Seeking Clarification on the extent of the powers of a MayorReference No: LO-021S2013

August 29, 2014

66Explanation on Section 46 (a) of the Local Government Code of 1991Reference No: LO-020S2013

August 29, 2014

67

DILG rendered Legal Opinion No. 12,S2013 dated 18 April 2013 in reply to the query relative to the request of SP Member of Masbate,for the Regional Office of the Department of Budget and Management,in the aforesaid opinion,clarified that the Department's duty of rendering legal opinions have its limitations.Reference No: LO-019S2013

August 29, 2014

68Seeking DILG Opinion and on Guidance on the official status of Punong Barangay Job Gecobe Lapitan of Bangar, Solano, Nueva VizcayaReference No: LO-028S2013

August 29, 2014

69

DILG opinion no. 17,S2005 that divestment as referred to in Section 9 of Republic Act no. 6713 or the Code of Conduct and Ethical Standards for public officials and employees is proper only in case a conflict of interest existsReference No: LO-030S2013

August 29, 2014

70The legality of the assumption of Vice-Mayor Belen Fernandez as Acting Mayor of Dagupan CityReference No: LO-018S2013

August 28, 2014

71

Query on the legality or validity of such replacement of the Chairman of the Committee on Finance, Budget and ways of means, and what is the scope of the phrase "no other business" in Section 323 of the "Local Government Code of 1991"?Reference No: LO-017S2013

August 28, 2014

72 Requesting the DILG opinion on whether the former staff of deceased Vice Governor Sanchez may claim their overtime pay witheld based on the Office of the President's decision in O.P. Case no. 10-K-504Reference No: LO-

August 28, 2014

Page 8: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

016S2013

73Clarification on Section 323 of the Local Government Code of 1991.Reference No: LO-015S2013

August 28, 2014

74

whether it is correct to recognize Vice Mayor Christopher B Maguad as the Acting Mayor of the municipality of Valderama, Antique during Mayor Mary Joyce R Roquero's suspension on the basis of presumption of regularity of the performance of official functions of the concerned Local Government Unit and its official and considering further that the issues involved are pending resolution before the COMELEC and other tribunalsReference No: LO-014S2013

August 28, 2014

75

Requesting advice on whether the decision dated 13 March 2013 rendered by the Office of the President dismissing the appeal of Punong Barangay of San Luis, Antipolo City in OP DC Case no. 13-A-004 is sufficient for to them to recognize Mr. Crisol L Cate as Acting Punong Barangay of San Luis, Antipolo CityReference No: LO-013S2013

August 28, 2014

76Requesting the DILG opinion on the Controversy involving the approval of the CY 2013 Provincial Annual Budget and Annual Investment Plan by the Sangguniang Panlalawigan (SP) of Masbate.Reference No: LO-012S2013

August 28, 2014

77Request the DILG opinion as to the effectivity and status of DILG Memorandum Circular no. 2011-151 (MC 2011-151)Reference No: LO-011S2013

August 28, 2014

78Seeking DILG opinion regarding the effect of the implementation of the Writ of Execution dated 17 January 2013 issued by the COMELEC En Banc in SPA No. 09-076 (DC)Reference No: LO-010S2013

August 28, 2014

79

Query from the DILG about the legal process for payment of compensation and other emoluments of Indigenous Peoples Mandatory Representatives (IPMRs) to the Sangguniang Panlalawigan and other local Sanggunian in the Province of Sarangani.Reference No: LO-007S2013

August 28, 2014

80Clarification on the DILG opinion no. 2B,S2013 relative to the two issuesReference No: LO-005S2013

August 28, 2014

81

Queries "whether there is a need for Appropriation Ordinance,when SB Resolution on October 21,2010 already authorized the LCE to appropriate the loan proceeds to the purpose in Construction of Level III water system,and how will abstention vote be considered?as a negative vote or affirmative voteReference No: LO-004S2013

August 28, 2014

82 whether or not it became a ministerial duty on the part of Sangguniang Bayan to pass appropriation Ordinance no. 10,S2012 by virtue of the commitment undertaken by the municipality in Resolution no. 27,S2012 which is to appropriate the total project cost composed of loan proceeds,equity and grant;and whether or not the abstention of the lone Sangguniang Bayan

August 28, 2014

Page 9: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

member should be interpreted to be acquiesence on the subject appropriation ordinance no. 10,S2012Reference No: LO-006S2013

83

Opinion on taking into consideration that the first suspension will end on 20 September 2013 months after election,how will this level treat the subsequent order imposing another period, will the subsequent order imposing another penalty be followed even if will be served beyond the duration of the first suspension order?that suspended Mayor is seeking re-election this forth coming elections, will Aguinaldo Doctrine apply.Reference No: LO-009AS2013

August 28, 2014

84Opinion regarding 2013 Annual budget which was disapproved in its entirety by Sanggunian a vote of 9-5 without stating the reasons or grounds for their disapprovalReference No: LO-003S2013

August 22, 2014

85

Queries whether a quorum exist (sic)in the presence of only nine (9)members out of eighteen (18)members of the Sangguniang Panglungsod of Antipolo in Admin. Case No. 2012-004 is valid and have no force and effect;and whether the said decision may be implemented even before the lapse of fifteen (15) days periodReference No: LO-002S2013

August 22, 2014

86Whether or not the Regional Director has the Authority to cause implementation of the Resolution of a Sangguniang Bayan suspending a Punong Barangay with any request from the Local Legislative bodyReference No: LO-001S2013

August 22, 2014

87

Vice Mayor of Antipolo City protested against Punong Barangay of San Luis, Antipolo City alleged attempt to seek an opinion from DILG as a case of forum shopping since he already sought judicial relief in Special Civil Action No. 12-1232Reference No: LO-002AS2013

August 22, 2014

88

Validity of the decision of the Sangguniang Panglungsod of Antipolo City in Admin. Case No. 2012-004,imposing upon him the penalty of suspension from six (6) months for violation of Section 60 (b)(c)(e) of Republic Act No. 7160Reference No: LO-002BS2013

August 22, 2014

89Request for Assistance and Intervention with the Bangko Sentral ng Pilipinas (BSP)Reference No: LO-62S2012

August 14, 2014

90Seek the DILG Central Office guidance on the manner of filling the temporary vacancies caused by the suspension of the Sangguniang Barangay officialsReference No: LO-60S2012

August 14, 2014

9112 December 2011 Resolution No. 181-2011 which request for an exemption from the application of DILG MC No 2011-151Reference No: LO-059S2012

August 14, 2014

92

Comprehensive explanation of Section 152 in relation to Section 130 of Republic Act No. 7160 as amended pertaining to the exercise of the Taxing and other revenue-raising powers of Local Governments units.Reference No: LO-055S2012

August 14, 2014

Page 10: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

93

Is there a need for authority from the DBM or DILG as the case may be if the Local Government shall utilize its unexpended LDRRMF to purchase vehicles and Do we consider the " Unexpended LDRRMF" as "unencumbered Local Funds" so that the only approval of the Local Chief executives is required in the purchase of enumerated (sic) in Section 7.0 of A.O. 233 as amendedReference No: LO-054S2012

August 14, 2014

94

Clarification on the following issues: since Barangay Canumay is located in Metro Manila, can two (2) barangays be created out of it by means of Ordinance No. 37, series of 2011.When will the corporate existence of two (2) new barangay begin?in the interim,that is the prior to the first election of the barangay officials of the two (2) new barangays,can the Mayor appoint the said officials under the Ordinance No. 37, series 2011.Reference No: LO-053S2012

August 8, 2014

95

Whether or not the LGU has the power to disregard the order (DILG Memorandum Circular No. 2010-119 ) due to allege financial budgetary constraints; power to deny the appointment of the IPs Mandatory Representative due to sectoral representations provided in RA No. 7160 and power to require more documents aside from certificate of affirmation and oath of office as prescribed in letter "E" off aforementioned Memorandum CircularReference No: LO-052S2012

August 8, 2014

96

Whether the Sangguniang Bayan of Kalibo, Aklan may grant a temporary franchise in favor of a certain cockpit, which is located within a residential subdivision project,hence prohibited under Presidential Decree No. 499, as amended by Presidential Decree 1802 as well as Kalibo Municipal Ordinance No. 20 Series of 1974Reference No: LO-051S2012

August 8, 2014

97

Whether it is legal for the Punong Barangay and the Sangguniang Barangay Members to " appoint " their close friends or allies as replacement for the two duly lected Barangay Kagawad who have previously resigned and it is legal for Barangay to operate a Material recovery Facility (MRF) close to residential areasReference No: LO-050S2012

August 8, 2014

98

Requesting this Department to investigate on the alleged mishandling of criminal case by certain Barangay and Police Officials which leds to arrest, detention and current prosecution for the crime of slight physical injuriesReference No: LO-049S2012

August 5, 2014

99Opinion regarding item 9.2.c of the " Contract Implementation Guidelines for the Procurement of Infrastructure Projects" , Annex "E" of revised Implementing Rules and Regulations of RA 9184Reference No: LO-048S2012

August 5, 2014

100

Requesting for guidance on the issue whether or not pedicabs may be allowed to use National Highways on roads subject to certain conditionsReference No: LO-046S2012

August 5, 2014

Page 11: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

101

Seeking advice on whether or not the personnel of the City of Iligan would also benefit from the exemption granted the development Academy of the Philippines (DAP) from the P1,200.00 Ceiling on the registration fee or charge for the participation in convention and seminars conducted by DAP,when using Government funds.Reference No: LO-045S2012

August 5, 2014

102

Sangguniang Bayan of La Paz, Agusan Del Sur disapproved the IF (Intelligence Fund) budget because it did not follow the DILG MC No 99-65 dated April 23,1999Reference No: LO-044S2012

August 5, 2014

103

Request clearance from this department for the issuance of a Memorandum for the purpose of reassigning personnel.Reference No: LO-041S2012

August 1, 2014

104

Query on the issue: " when does the Corporate existence of a Barangay begin? "Reference No: LO-029S2012

August 1, 2014

105

Opinion regarding the claim of former Regional Legislation Assembly Speaker Rejie Sahali-Generale to return to his office as speaker of Regional Legislative AssemblyReference No: LO-028S2012

August 1, 2014

106

Clarication on whether or not the benefits and rights under RA 9994 (Expanded Senior Citizens Act of 2010) may also be accorded to our Foreign Retiree participants who are sixty (60) years old or aboveReference No: LO-027S2012

August 1, 2014

107

Opinion on whether or not its is necessary for this Department to implement the Ombudsman decision in OMB-L-A-10-0053-EReference No: LO-026S2012

August 1, 2014

108

Clarification on MC No. 2011-68 particularly the exception to the prohibition on the operation of tricycles along the National HighwayReference No: LO-025S2012

August 1, 2014

109

Queries on what is the effect of the exercise of the powers and performance of the duties and functions of the Mayor by the Vice Mayor on account of the indefinite leave of absence of the elected Mayor due to illness,what functions of the elected Vice Mayor and what should be

August 1, 2014

Page 12: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

discharged by his successors in officeReference No: LO-023S2012

110

whether the highest ranking members of the sangguniang Panglungsod can immediately take over and perform the functions and duties of the Vice mayor as a result of the exercise of the power and performance of the duties and functions of mayor by the Vice Mayor on account of the indefinite leave of absence of the elected mayor due to illnessReference No: LO-022S2012

August 1, 2014

111

The LGU of General Santos request for clarification regarding the MC No. 2011-68 particularly the exception to the prohibition on the operation of the tricycles and pedicabs along the National HighwayReference No: LO-024S2012

August 1, 2014

112

Invalidity of some portions of the Revised Revenue Code of San Simon,Pampanga and Scope of Municipalities Taxing Power, Situs TaxReference No: LO-021S2912

July 31, 2014

113

The Sangguniang Panlalawigan of Zamboanga Del Sur thru its Resolution No. 2K11-579 declared invalid Bayog's Municipal Ordinance No. 11-92-11 for being contrary to RA 7942 or the Philippine Mining Act of 1995Reference No: LO-020S2012

July 25, 2014

114

Clarification on MC No. 2011-151, which suspends the imposition and collection of pass through fees vis-a-vis the collection of toll fees as authorized under Section 155 of LGU Code of 1991Reference No: LO-019S2012

July 25, 2014

115

Clarification on whether or not the collection of annual fixed tax is covered by MC No. 2009-76,which prohibits LGUs from charging pass through fees on vehicles especially those carrying agricultural goods and productsReference No: LO-018S2012

July 25, 2014

116

Query on whether a Sangguniang Bayan Secretary may be designated as OIC Municipal TreasurerReference No: LO-017S2012

July 25, 2014

117

Whether the Sectoral representatives (IPs/ICCs) are entitled to the Third Tranche of the modified Salary Schedule for LGU Personnel and , if in affirmative ,whether the grant thereof is mandatoryReference No: LO-

July 25, 2014

Page 13: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

015S2012

118

Query on whether the Vice Mayor can by necessary implication,issue the Allotment Release Order (ARO) in relation to Sangguniang Panglungsod FundsReference No: LO-014S2012

July 25, 2014

119

The Sangguniang Bayan of Liloan,Southern Leyte enacted Municipal Ordinance No. 29-93, as amended by Municipal Ordinance No. 35-93.Said Ordinance imposes Fees to all vehicles for the use of the Municipal Road which connects the National Highway down to the toll gate of the Ferry Terminal of LiloanReference No: LO-016S2012

July 25, 2014

120

Possible administrative offenses to be filed against Local Officials due to lack of or delay in the filing of application for leave of absence.Reference No: LO-012S2012

July 24, 2014

121

1st Endorsement of DBM Region VIII Director which refers to the Department the 25th October 2011 request for opinion of Philippine Health Insurance Corporation (PHIC) Region VIII Vice president on the propriety of charging the PhilHealth Premium Contributions of the Non-NHTS indigents enrollees to the 20% Development FundReference No: LO-010S2012

July 24, 2014

122

Seek approval for the City Government of Taguig through its Business Permits and licensing Office (BPLO) and the City Treasurer's Office, to include in its collection for the month of January 2012,the required Fire Code Fees being collected by the BFPReference No: LO-009S2012

July 24, 2014

123

Clarification on the issue referring to DILG opinion No. 29,series of 2011 dated 27 June 2011 and not June 2010 re: punong Barangay to seek permission from the Department when practicing Profession.Reference No: LO-008S2012

July 24, 2014

124

Validity of Ordinance authorizing the levy fees and taxes on transport of garbage in relation to Memorandum Circular No. 2011-151 particulary on the proposed Tax Ordinance of the Sangguniang Bayan of Bamban,TarlacReference No: LO-007S2012

July 24, 2014

125

Whether Section 3 of BP 220 subsists with the repeal of PD 1185 by the RA 9514 and Whether the specification for a 0.30 meter fire wall detailed /

July 24,

Page 14: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

specified in the 2008 BP 220 IRR is valid and subsisting.Reference No: LO-006S2012

2014

126

Query of City Local Government Operation Officer Ormoc City on the proper Implementation of the COMELEC Resolution in relation to DILG Circular No. 2010-19Reference No: LO-005S2012

July 24, 2014

127

Legality of the Act of Barangay San Jose, Bauan Batangas to require Barangay IDs and sufficiency of Barangay Ordinance No. 51Reference No: LO-013S2012

July 24, 2014

128

Clarification and request for opinion on the validity of assumption to Office as Acting Municipal MayorReference No: LO-004S2012

July 2, 2014

129

The Validity of City Ordinance No. 2012-422 on Comprehensive Land Use Plan (CLUP) and City Zoning Ordinance enacted on 06 December 2010.The subject ordinance was passed in view of the expiration of the prior CLUP/Zoning Ordinance for the period 2000-2010Reference No: LO-001S2012

July 2, 2014

130

Clarification on the issue regarding the withholding of Honoraria of Barangay Elective OfficialsReference No: LO-002S2012

July 2, 2014

131

Opinion on whether trucks carrying aggregate Sub-based Course (ASBC) is covered by DILG MC No.2011-122 and DILG MC No2011-151Reference No: LO-003S2012

July 2, 2014

132

Clarification and proper guidance as to the validity of an Ordinance passed by the Sanggunian Barangay of Buscayan, Macrohon, Leyte.Reference No: LO-024S2011

February 13, 2013

133

Whether or not the proposed ordinance by the Municipality of Bauan, Batangas imposing permit and environmental fees in the entry and transit of scrap materials is in accordance with law, specifically under Section 133(e) of the LGC.Reference No: LO-018S2011

February 12, 2013

Page 15: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

134

Whether PBs have the authority to order the temporary closure of roads pursuant to Section 21 (c) of the LGC of 1991Reference No: LO-084S2011

November 27, 2012

135

Any question as to the validity of the ordinance authorizing the supplemental budget should already be threshed out before the proper forum by filing the appropriate pleading, the matter being adjudicatory in natureReference No: LO-081S2011

November 27, 2012

136

Beyond the length of time that elapsed, an ordinance duly passed enjoys the presumption of validityReference No: LO-080S2011

November 27, 2012

137

Opinion on why the DILG and DBM Joint Circular No. 2011-1 capability building or HRO activities for LGUs is no longer allowed to be funded out of the 20% Development FundReference No: LO-078S2011

November 27, 2012

138

Municipalities and cities are granted the power to regulate the operation of tricycles and grant franchises within their respective territorial jurisdictions subject to the guidelines prescribed by the DOTC pursuant to Sections 447 (3) (VI) and 458 (3) (VI) of the LGCReference No: LO-077S2011

November 27, 2012

139

All executive orders promulgated by the component city or municipal mayor shall be forwarded to the governor within three (3) days from their issuanceReference No: LO-076S2011

November 27, 2012

140

The power of the municipalities to establish fish portsReference No: LO-069S2011

November 26, 2012

141

Opinion in JO2 Caguisano’s entitlement to longevity payReference No: LO-068S2011

November 26, 2012

142

Clarification on the opinion previously rendered by the Dept. addressed to the Sangguniang Bayan of Altavas, Aklan re: the Presidency of the Liga ng mga Baragay in the said municipalityReference No: LO-067S2011

November 26, 2012

Page 16: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

143

It is clear that the duly elected President of Liga at the Municipal Chapter shall serve as ex-officio member of the SBReference No: LO-064S2011

November 26, 2012

144

Section 60 of RA 7160 enumerate the grounds for an elective local official to be charged administratively, local elective officials shall be entitled to leave privileges as those enjoyed by the appointive local officials, including accumulation and commutation thereofReference No: LO-062S2011

November 21, 2012

145

The authority to draw checks for the settlement of obligations is vested with the local treasure and not with the Municipal AdministratorReference No: LO-061S2011

November 21, 2012

146

The issue of his entitlement to longevity pay or not, taking into account the break in the service arising from his summary dismissal from the service which was later on modified into a suspensionReference No: LO-059S2011

November 21, 2012

147

Assailing the propriety of the appointment of Mr. Arturo Gregorio as member of the SB of Altawas, AklanReference No: LO-058S2011

November 21, 2012

148

The head of the LGU concerned is bound by law to ensure that business entities operating thereat are fully complying with both the natural and local lawsReference No: LO-055S2011

November 21, 2012

149

Pending of appointment of the other SK Officials, the remaining set of SK officials may already transact official business, including the formulation and enactment of the SK BudgetReference No: LO-054S2011

November 21, 2012

150

The proper imposition of brgy. Clearance and the legal basis upon which said clearance may issueReference No: LO-053S2011

November 14, 2012

Page 17: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

151

Whether or not a local government unit can operate a cockpit as an economic enterpriseReference No: LO-052S2011

November 14, 2012

152

Sec. 6, Rule IV of the IRR of RA 8371, it is that mandate that the ICCs / IPs shall be provided mandatory representation in all policy making bodies and in local sangguniansReference No: LO-051S2011

November 14, 2012

153

Filling up of temporary vacancy in the office of the Vice MayorReference No: LO-050S2011

November 14, 2012

154

-Section 20 of RA 7160 provides for the reclassification of land which may be validly made through an ordinance, passed by the sanggunian concerned after the conduct of public hearings held for that purpose -A special session may be called by the LCE or by majority of the members of the sanggunian, where public interest so demands -Section 60 of RA 7160 enumerates the various grounds for disciplinary actions wherein an elective official may be disciplined, suspended or removed from officeReference No: LO-048S2011

November 14, 2012

155

This department refrains from rendering opinion on matters that are presumptively valid actsReference No: LO-046S2011

November 14, 2012

156

Whether MO No. 14, which mandates all natural government GOCC’s and LGU’s to start the process of payment of one-half of the year- End Bonus and cash gift to their employees on 1 May 2011, covers all local elective officialsReference No: LO-041S2011

November 5, 2012

157

Resolution No. 149 s. 2011 decreasing the natural wealth tax share of Itogon, Benguet regarding the operation of the San Roque Multi-Purpose Dam Project (SRMOP)Reference No: LO-036S2011

November 5, 2012

158

Demand of Avelino S. Tanguakio, Sangguniang Barangay member for the payment of his honorarium during his suspensionReference No: LO-035S2011

November 5, 2012

159

Whether or not an OIC of BPLO is authorized to cause the revocation of a business permit issued by the MayorReference No: LO-033S2011

November 5, 2012

Page 18: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

160

Barangay Tanods cannot be armed during their tour of dutyReference No: LO-031S2011

November 5, 2012

161

Whether or not there is a need for a PB to seek prior written permission from the SILG before he/ she can practice her profession or engage in any other professionReference No: LO-029S2011

November 5, 2012

162

Whether a person who ran for the position as a member of a local sanggunian but lost may substitute and be appointed as a member of the said local sanggunian following a vacancy therein after the one (1) year ban.Reference No: LO-027S2011

November 5, 2012

163

Whether the Sanggunian Barangay has the authority to declare the barangay under a state of calamity under RA 10121 for purposes of utilizing the 30% of the 5% LDRRMF allocated as Quick Response Fund (QRF)Reference No: LO-088S2011

October 1, 2012

164

Mc No. 01S2006 of the Office of the Ombudsman states that the filing of a motion for reconsideration or petition for review before the Office of the Ombudsman does not operate to stay the immediate implementation of the Ombudsman Decision, Orders or Resolutions, unless a Temporary Restraining or Writ of Injunction is duly issued by the court of competent jurisdictionReference No: LO-095S2011

October 1, 2012

165

Whether DILG-DBM MC No. 2011-1 applies to barangays created by the city or provincial governmentReference No: LO-092S2011

October 1, 2012

166

Permanent and temporary vacancies may be further classified in two, vacancy due to illness/physical disability and vacancy due to legal causesReference No: LO-089S2011

October 1, 2012

167

The creation of office of the provincial government is not within the powers and functions of the Provincial Governor since said power is, under the law, is within the powers and functions of the Sangguniang PanlalawiganReference No: LO-087S2011

October 1, 2012

168

The legal implication of of a reappointment of the present two districts of Antipolo City in the membership to the City Council and Provincial Board if and when law is passed creating a 3rd legislative thereinReference No:

October 1, 2012

Page 19: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

LO-079S2011

169

A city or municipality may, through an ordinance passed by the sanggunian after conducting public hearings for the purpose, authorize the reclassification of agricultural lands and provide for the manner of their utilization or dispositionReference No: LO-072S2011

September 25, 2012

170

HB 4820, the charter of Nueva Camarines, shall specifically govern its creation and other matters necessary for its existence as a political body corporateReference No: LO-060S2011

September 25, 2012

171

The mode of service in the implementation of the decision shall be governed by the Ombudsman Act and the Ombudsman Rules of Procedure. Considering that the Ombudsman Act and the Ombudsman Rules of Procedure are silent in the matter, the provisions of the Rules of Court shall therefore apply suppletorilyReference No: LO-057S2011

September 25, 2012

172

Whether it is within the authority of the SB to establish and / or authorize the implementation of an Arabic Education Program (AEP) to create positions under the organizational structure of the AEPReference No: LO-044S2011

September 25, 2012

173

Further clarification on the prior opening rendered by this Department in the collection of Barangy. Clearance fees by several barangays in the conduct of CARD MRI’s meetings and seminars thereatReference No: LO-043S2011

September 25, 2012

174

The proper application of Section 45 of the LGC refusing to the manner of filling up permanent vacancy in the SP of Antipolo CityReference No: LO-042S2011

September 18, 2012

175

Whether the "deprivation" of traveling allowance and one job order employee for the current year by Mayor Nacario of Calbiga, Samar are within the limits and bounds of lawReference No: LO-040S2011

September 18, 2012

176

Whether it is lawful for the son of a deceased SB member to "take over" the said positionReference No: LO-039S2011

September 18, 2012

Page 20: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

177

Whose mandate should prevail relative to the use of the 20% component of the Annual Internal Revenue Allotment ShareReference No: LO-038S2011

September 17, 2012

178

Holding of a chairmanship in the outstanding committees by ex. Officio members in the Sangguniang PanlalawiganReference No: LO-034S2011

September 17, 2012

179

Whether or not the 20% Development Fund is among those considered as re-enacted in a re-enacted budgetReference No: LO-030S2011

September 6, 2012

180

Whether the Lady Local Legislators League of the Philippines (Four L Phils) is considered a government institutionReference No: LO-028S2011

September 5, 2012

181

The well-settled rule that the determination of the conditions upon which preventive suspension may be imposed under the law is vested exclusively with the Sanggunian concerned.Reference No: LO-023S2011

September 5, 2012

182

The purchase of appropriate engineering equipment such as dump trucks, graders and pay loaders are expressly authorized under par.3.2.2 of DILG-DBM JMC No. 2011-1Reference No: LO-021S2011

September 5, 2012

183

The ICC/IP representative to the Local Sanggunian shall be elected in accordance with the Local Guideline duly adopted and promulgated by the ICCs/IPs themselvesReference No: LO-020S2011

September 4, 2012

184

The prescription period of 90 days for the review of appropriation ordinance by the Sangguniang PanlalawiganReference No: LO-019S2011

September 4, 2012

185

The strict implementation of R.A No. 8371 (IPRA)Reference No: LO-026S2011

August 16, 2012

186

Whether the mandatory representation of Indigenous cultural communities / Indigenous people in local legislative bodies includes representation in the Sangguniang Barangays.Reference No: LO-

August 16, 2012

Page 21: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

025S2011

187

Certain principles involving the power of the local sanggunians to enact ordinancesReference No: LO-011S2011

October 7, 2011

188

Whether or not the previous years budget on intelligence funds may be re-enacted despite the violation of DILG MC No.99-65Reference No: LO-016S2011

July 22, 2011

189

Whether soft infrastructure projects may be funded by the 20percent development fund of the annual Internal Revenue Allotment -IRAReference No: LO-014S2011

July 22, 2011

190

Issue of compensation in relation to the honoraria received for attending the BOR-WSMU meetingsReference No: LO-013S2011

July 22, 2011

191

Query on the use by a local government unit from the revenue of its own slaughterhouse to partly or wholly finance a waterwaste treatment facility.Reference No: LO-012S2011

July 22, 2011

192

Upon the creation of the Office of the Building Official, the City or the Municipal Engineer, automatically becomes the head thereof, without need of any further designation or appointmentReference No: LO-010S2011

May 23, 2011

193

The Sanggunian Barangay shall accredit people's organizations, non-governmental organizations or the private sector based on several criteria; the barangay secretary or on his absence any member of the Barangay Assembly designated by the Presiding OfficerReference No: LO-009S2011

May 23, 2011

194

The requirements for the conversion of the City of Cabanatuan from a Component City into a Highly Urbanized City as may be provided for in the LGC of 1991Reference No: LO-008S2011

May 23, 2011

195

The hiring of a private lawyer to represent their municipality in a pending court litigation was proper, after the Provincial Prosecutor and Provincial

May 23,

Page 22: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

Legal Officer inhibited from from said proceedings due to conflict of interestReference No: LO-007S2011

2011

196

Whether his designation as representative of Hon. Angara in the BOR-WMSU violates Sec. 7 Article IX (b) of the 1987 Constitution and Sec. 94 of RA 7160Reference No: LO-006S2011

May 23, 2011

197

Several issues pertaining to the conversion of the City of Tarlac from a component city into a highly-urbanized cityReference No: LO-005S2011

May 23, 2011

198

Whether or not a civil servant employed in government service is authorized to practice law outside his government officeReference No: LO-004S2011

May 23, 2011

199

The misrepresentation of the three (3) persons in your barangay's Development Plan by signing therein as representatives of non-governmental organizations (NGOs) and the accountability, if any, of the PB for allowing these persons affix their signatures tReference No: LO-003S2011

May 20, 2011

200

The approving authority of the plans and specifications especially the mechanical requirements (pumps) for the sprinkler system as required by the Fire Code of the PhilippinesReference No: LO-001S2011

May 20, 2011

Page 23: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

201

Whether or not there is a need for an additional sanggunian authorization for the City Mayor to enter into contracts in the implementation of programs and projects contained in the approved annual and supplemental budgetsReference No: LO-002S2011

May 20, 2011

202

The very nature of the work of elective officials are considered on call anytime of the day.Reference No: LO-024S2010

March 23, 2011

203

Proclaiming additional winning candidates to SB due to upgraded status from 3rd class to 1st classReference No: LO-056S2010

March 18, 2011

204

The VM's travel and /or that of the SB members is chargeable to the general fund of the municipality, the approval of the mayor is discretionary.Reference No: LO-038S2010

March 18, 2011

205

The municipal mayor shall authorize official trips outside of the municipality of municipal officials and employees for a period not exceeding thirty (30) days.Reference No: LO-037S2010

March 18, 2011

206

The Vice Mayor is the head of both the offices of the VM and the SB, and has the authority to approve disbursement vouchers for expenditures appropriated for its operation.Reference No: LO-034S2010

March 18, 2011

207

Only by order of the proper canbe removed from office.Reference No: LO-033S2010

March 18, 2011

208

All levels of the Sanggunian except the SB are invested with dual functions namely: 1) as a legislative body and 2) as a quasi-judicial bodyReference No: LO-030S2010

March 18, 2011

209

Decisions and acts of the Liga National Executive Branch are beyond the Departments domain.Reference No: LO-029S2010

March 18, 2011

210

Whether or not valid for a barangay to tax.Reference No: LO-026S2010March 18, 2011

Page 24: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

211

Whether the SP can impose another franchise tax considering that the company is already a grantee of a legislative franchise.Reference No: LO-021S2010

March 18, 2011

212

Can the mayor appoint his son to replace the vacated position in the SB wherein the PB is also a son of the mayor.Reference No: LO-018S2010

March 18, 2011

213

Whether it includes the appointment of regular plantilla positions, casual employees and contractual or job order employees under the office of the SB and office of the VM which includes the secretary to the SB.Reference No: LO-017S2010

March 18, 2011

214

Whether or not the august body has reached the required majority of all the members of the SP as provided for in Sections 53 and 54 of the LGC and in relation to Art. 107 (g) of its IRRReference No: LO-013S2010

March 18, 2011

215

Propriety and process of reorganizing the standing committees in the Sanguniang Panglungsod.Reference No: LO-012S2010

March 18, 2011

216

Expiration of the three (3) months suspension imposed against a mayor.Reference No: LO-010S2010

March 18, 2011

217

Prohibition on the unposition of preventive suspension with in 90 days immediately prior to any election and section 261(x) of the Omnibus election code (BP881)Reference No: LO-009S2010

March 18, 2011

218

Whether or not it becomes the duty on the part of the mayor to authorize including the issuance of corresponding travel orders to SB members and its employees.Reference No: LO-008S2010

March 18, 2011

219

Whether or not an implementing order from the Office of the President is still necessary to execute its decision and subsequent resolution.Reference No: LO-007S2010

March 18, 2011

220

Illegal termination as Barangay secretary on the grounds of no subordiantion and negligenceReference No: LO-004S2010

March 18, 2011

Page 25: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

221

Whether the PDC shall only meet once a year or twice a year.Reference No: LO-003S2010

March 18, 2011

222

The PB's act of withholding the honoraria of five Sangguniang Barangay members due to absenteesm.Reference No: LO-002S2010

March 18, 2011

223

Hiring of private Lawyer for government concernReference No: LO-75S2010

March 18, 2011

224

Whether the OIC mayor designated by the mayor who is on official travel abroad, can approve resolutions or ordinances.Reference No: Lo-118S2010

March 14, 2011

225

Whether or not as VM, is legally required to assume the office of the mayor in view of the disqualification to held office of the mayor-elect.Reference No: LO-117S2010

March 14, 2011

226

It is already sufficient that the legitimate dependant children can show proof that they are the legitimate dependant children of these barangay officials.Reference No: LO-116S2010

March 14, 2011

227

Exhaust first the administrative remedies available before bringing the matter to the department for appropriate action.Reference No: LO-114S2010

March 14, 2011

228

Whether or not the BFP can collect taxes without the LGU enacting a Fire Code Ordinance.Reference No: LO-111S2010

March 14, 2011

229

Whether or not the function of the mayor in signing travel order of the SB member is ministerial.Reference No: LO-106S2010

March 14, 2011

230

Verified complaint against every barangay elective official shall be filed before the SB.Reference No: LO-105S2010

March 14, 2011

Page 26: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

231

The term of office of the Sangguniang Barangay has been fixed by law and its expiration cannot be subject to an agreement.Reference No: LO-103S2010

March 14, 2011

232

Any misconduct committed during the previous term cannot be used to initiate an administrative complaint during his present term.Reference No: LO-102S2010

March 14, 2011

233

If the SB is not amenable to the MDC\'s approval projects and programs, the said sanggunian should instead return it to the MDC with its comments and recommendations for the LDC\'s proper consideration.Reference No: LO-101S2010

March 14, 2011

234

Sectoral Representation of Indigenous People in the Sangguniang BayanReference No: LO-080S2010

March 3, 2011

235

Entitlement of PLEB Members to Government CompensationReference No: LO-079S2010

March 3, 2011

236

Immeditae Filling-up of all Positions in BarangayReference No: LO-078S2010

March 3, 2011

237

Not all Resolutions Approved by Sanggunian are to be submitted to LCE for Approval / VetoReference No: LO-077S2010

March 3, 2011

238

Grant of Cash Award for Exemplary Public ServiceReference No: LO-076S2010

March 3, 2011

239

Controversy on Operation of CockpitsReference No: LO-074S2010March 3, 2011

240

Vetoed Items in Executive Budget deemed Reenacted if provided in Previous YearReference No: LO-073S2010

March 3, 2011

Page 27: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

241

Requirement for Availment of Longevity PayReference No: LO-072S2010

March 3, 2011

242

Designation of Temporary Secretary to the Sanggunian BayanReference No: LO-071S2010

March 3, 2011

243

Validity of Approved Appropriation OrdinanceReference No: LO-070S2010

March 3, 2011

244

Removing Barangay Elective OfficialsReference No: LO-069S2010March 3, 2011

245

Requiring Approval on Public Appearances of StaffReference No: LO-068S2010

March 3, 2011

246

In Charge of Proceeding of SB in Vice Mayor's AbsenceReference No: LO-067S2010

March 3, 2011

247

Prohibition from practising Profession / divesting of Position StakeholdingsReference No: LO-066S2010

March 3, 2011

248

Recover Remuneration received by Election OpponentReference No: LO-065S2010

March 3, 2011

249

Resolution authorizing Bank Loan to PurchaseReference No: LO-064s2010

March 3, 2011

250

Reorganization in Committee Chairmanship will not need Amendment in Internal Ruling ProcedureReference No: LO-063S2010

March 3, 2011

Page 28: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

51Declaring Permanent / Temporary Vacancy and Claim for HonorariumReference No: LO-062S2010

March 3, 2011

252

Claim of Honorarium for Non-Attendance in a declared No-Quorum SessionReference No: LO-061S2010

March 3, 2011

253

Questioning Validity of Resolution affecting Livelihood and Exercise of Free TradeReference No: LO-060S2010

March 3, 2011

254

Can a 9th Placer SB Candidate fill up a Vacancy and the Disquallified Member be scheduled to Refund Monies ReceivedReference No: LO-059S2010

March 3, 2011

255

Kabankalan City as co-Obligor in a 15M Loan secured with Hold-out Provision of Portion of its IRAReference No: LO-058S2010

March 3, 2011

256

Inclusion of Municipality/City Tax in the 10% Fire Inspection FeeReference No: LO-057S2010

March 3, 2011

257

Indigenous People's Representation to Local Legislative BodyReference No: LO-055S2010

March 3, 2011

258

Through an Ordinance, a Mayor can represent the Municipality in Business Transactions even without Prior Authorization from SanggunianReference No: LO-054S2010

March 3, 2011

259

Authority of Local Chief Executive to represent LGU in a ContractReference No: LO-053S2010

March 3, 2011

260

Justifiable Filling-up of Vacancy even if Nomination/Certificate is only signed by Provincial Chairman of same Political PartyReference No: LO-052S2010

March 3, 2011

Page 29: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

261

Proper Accepting Authority upon Resignation of Provincial Federation PresidentReference No: LO-051S2010

March 3, 2011

262

ABC President not considered Resigned upon Filing of Candidacy for other PositionReference No: LO-050S2010

March 3, 2011

263

The Vice Mayor has Appointing Authority over SB SecretaryReference No: LO-049S2010

March 3, 2011

264

Query on Rules of filling-up Vacancy and SuccessionReference No: LO-048S2010

March 3, 2011

265

Whether to use Resolution or Ordinance in providing Tax Amnesty in Real Properties PaymentsReference No: LO-047S2010

March 3, 2011

266

Status of Presidents of Provincial Liga ng Barangay Federation/ Provincial Councilor League after filing Candidacies for Vice Governor/Sangguniang Panlalawigan MemberReference No: LO-046S2010

March 3, 2011

267

Designation of an Elected Sangguniang Panlalawigan Member as Provincial AdministratorReference No: LO-045S2010

March 3, 2011

268

Undersecretary Position who is a Partylist Candidate is considered resignedReference No: LO-044S2010

March 3, 2011

269

Query on Legality of requiring Accountant's Advice of Barangay Check Disbursement prior to CashReference No: LO-043S2010

March 3, 2011

270

Authority of National Electrification Administration over other Cooperatives in the Conduct of ElectionsReference No: LO-042S2010

March 3, 2011

271

The collection of Fire Code fees shall be collected by the Bureau of Fire Protection.Reference No: LO-156S2010

March 3, 2011

Page 30: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

272

Whether the city mayor may immediately suspend an employee/respondent upon Order of the Office of the Ombudsman pending resolution of the respondent's motion for reconsideration.Reference No: LO-155S2010

March 3, 2011

273

The validity or invalidity of the barangay sponsored construction of a multi-purpose hall and garage for barangay vehicles.Reference No: LO-154S2010

March 3, 2011

274

The Supreme Court decision declaring unconstitutional the Cityhood Laws, has not yet attain finallity.Reference No: LO-153S2010

March 3, 2011

275

Authority of Vice-Mayor acting as Mayor to solemnize marriageReference No: LO-041S2010

March 3, 2011

276

City and municipality suspension over their respective barangays.Reference No: LO-152S2010

March 3, 2011

277

The new sanggunian may or may not adopt the previous IRP of the former sanggunian.Reference No: LO-149S2010

March 3, 2011

278

Legality of Resolution re Veto Message of the Mayor on the Annual BudgetReference No: LO-040S2010

March 3, 2011

279

Conflict between the constitution and the LGC in the prohibition on the appointment of candidates who lost in any election.Reference No: LO-148S2010

March 3, 2011

280

Powers and Authority of Asst Secretary MatalamReference No: LO-039S2010

March 3, 2011

281

Resolutions that have never been voided before the courts , the same enjoy the presumption of legality.Reference No: LO-036S2010

March 3, 2011

Page 31: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

282

The power Need Amelioration Fund can be used for the project eletrification.Reference No: LO-035S2010

March 3, 2011

283

Barangays concerned through their respective Sanggunians should be enact a new three appropriation/supplemental ordinance, and allocate funds for the purchase of service fire arms.Reference No: LO-032S2010

March 3, 2011

284

A sample majority of the membership of the LDC shall constitute a quorom to transact official business.Reference No: LO-147S2010

March 3, 2011

285

Whether ordinance No. 2010-110 by the SB of Imus, Cavite can be implemented or not, or should be declared inoperative and ineffective.Reference No: LO-146S2010

March 3, 2011

286

Nomination and Appointment with respect to the Filling of the Vacancy in accordance with Law enjoys the Presumption of Regularity and ValidityReference No: LO-031S2010

March 3, 2011

287

Concerned whether the holdover term constitutes as one term in counting the three (3) consecutive terms..Reference No: LO-145S2010

March 3, 2011

288

Wages and other Benefits appurtenant to the Position after winning in the Election Protest.Reference No: LO-028S2010

March 3, 2011

289

Mayors and Governors are prohibited from practicing their profession other than their exercise of their functions as LCE's.Reference No: LO-143S2010

March 3, 2011

290

Whether or not he is legally entitled to the benefits as Sangguniang Barangay memberReference No: LO-142S2010

March 3, 2011

291

Whether or not the SB may validly enact a resolution re-enacting the preceding year's budget qppropriationReference No: LO-027S2010

March 3, 2011

Page 32: DILG O[Pinions

DILG Legal Opinion Archive as Indexed

292

Whether or not a Resolution enacted by the SB still needs the Approval of the Mayor.Reference No: LO-025S2010

March 3, 2011

293

Use of the Priority Development Assistance Fund (PDAF)Reference No: LO-023S2010

March 3, 2011

294

Whether there's a need to declare the position vacant so that Barangay Council can recommend and the Mayor appoint his replacement.Reference No: LO-022S2010

March 3, 2011

295

Industries Development Corporation(IDC) may validly conduct logging activities within the municipality even without a business permit from the municipality.Reference No: LO-141S2010

March 2, 2011

296

Section 43 (b) of the LGC of 1991 to apply, two (2) elements must concur 1) the local official concern must been elected to that office and 2) said local official must have fully served the term of the same office three consecutive terms.Reference No: LO-139S2010

March 2, 2011

297

A decision rendered by a court, tribunal or quasi-judicial agency does not attain finality pending the resolution of a motion for reconsideration or appeal of said decision filed.Reference No: LO-138S2010

March 2, 2011

298

The legal ramifications of establishing a local water district considering that the municipality has already contracted a private corporation to perform the functions similar to a water district.Reference No: LO-137S2010

March 2, 2011

299

Whether or not the construction of a barangay hall in an open space belonging to and owned by the Quezon City government is legal.Reference No: LO-136S2010

March 2, 2011

300

Whether or not the assignor or transferor is required to secure a business license and mayor's permit.Reference No: LO-135S2010

March 2, 2011