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DILG Legal Opinion Archive as Indexed

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: LO098S2011

September
11, 2014

Request for DILG review and comments on the Municipal Ordinance


No. 01S2010 vis-a-vis DILG MC No. 2011-151Reference No: LO097S2011

September
11, 2014

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

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

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

Requirements of the issuance /


permitsReference No: LO-090S2011

September
11, 2014

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

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

Clarification on the Memorandum Circular (MC)No. 2011-151 on the


suspension of pass through feesReference No: LO-082S2011

September
11, 2014

10

Term of Office and age qualification


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

12

Request for DILG for the legal interpretation on Memorandum Circular


(MC) No. 2011-59Reference No: LO-073S2011

September
11, 2014

approval

of

of

the

the

business

Sangguniang

DILG Legal Opinion Archive as Indexed

13

Clarification on the application and coverage of DILG Memorandum


Circular (MC) No. 2010-101Reference No: LO-071S2011

September
11, 2014

14

DILG 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

15

Request 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

16

What is meant by the words "Territorial jurisdiction " or geographical


island" as provided in the said DILG Memorandum Circular No. 201159 dated April 25,2011Reference No: LO-065S2011

September
11, 2014

17

Seek definitive ruling from DILG whether Regional Order No. 2010-010
as amended by Regional Order No. 2010-010AReference No: LO063S2011

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: LO049S2011

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: LO047S2011

September
11, 2014

20

DILG clarification on the application and legal effect of DILG Legal


Opinion No. 19S2011Reference No: LO-037S2011

September
11, 2014

21

Opinion on the intended Renewal of Surety bond of F/Director Danilo F


Cabrera (Ret.)Reference No: LO-032S2011

September
11, 2014

22

Request 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

DILG Legal Opinion Archive as Indexed

093S2011

25

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

September 4,
2014

26

Republic Act No. 7160 and Civil Service Commission (CSC)


Memorandum Circular No. 40, s 1998Reference No: LO-021S2014

September 4,
2014

27

Request 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

29

Request 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

31

Section 90 of Republic Act No. 7160 Practice of ProfessionReference


No: LO-016S2014

September 4,
2014

32

Clarification 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

33

Request 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: LO013S2014

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

DILG Legal Opinion Archive as Indexed

36

DILG 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: LO009S2014

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

41

Request 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

42

Requirements for a Local Government


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

44

Requesting that Ascendant's Fountain Inc. (AFI) be exempted from


paying the yearly business permit issued by Las Pias 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

Unit

(LGU)

loan

DILG Legal Opinion Archive as Indexed

46

Opinion 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
as a legal consequences of such disapprovalReference No: LO002S2014

September 1,
2014

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
2014

29,

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
2014

29,

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 August 29, 2014
forthcoming Liga ng mga Barangay (LnB) Chapter Elections which shall
prevail :DILG LO no 113 S 2007Reference No: LO-039S2013

DILG Legal Opinion Archive as Indexed

51

Opinion 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

52

Opinion in relation to Carrascal Municipal Ordinance No. 02,S2012Reference


No: LO-037S2013

August 29,
2014

53

Requesting 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

54

Seeking 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: LO033S2013

August 29,
2014

56

Requesting 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

59

Opinion 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

60

The 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

DILG Legal Opinion Archive as Indexed

62

Does 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: LO022S2013

August 29,
2014

65

Seeking Clarification on the extent of the powers of a MayorReference No: LO021S2013

August 29,
2014

66

Explanation 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

68

Seeking 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

70

The 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

DILG Legal Opinion Archive as Indexed

016S2013

73

Clarification 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: LO014S2013

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

76

Requesting 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

77

Request 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

78

Seeking 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

80

Clarification 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

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

84

Opinion 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

86

Whether 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. 121232Reference 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

89

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

August 14,
2014

90

Seek 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

91

12 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: LO055S2012

August 14,
2014

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
2014

8,

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
2014

8,

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
2014

8,

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
2014

8,

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
2014

5,

99

Opinion 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
2014

5,

10
0

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
2014

5,

DILG Legal Opinion Archive as Indexed

10
1

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

10
2

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

10
3

Request clearance from this department for the issuance of a


Memorandum for the purpose of reassigning personnel.Reference No: LO041S2012

August 1,
2014

10
4

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

August 1,
2014

10
5

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

10
6

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

10
7

Opinion on whether or not its is necessary for this Department to implement


the Ombudsman decision in OMB-L-A-10-0053-EReference No: LO026S2012

August 1,
2014

10
8

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

10
9

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

August 1,
2014

DILG Legal Opinion Archive as Indexed

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: LO024S2012

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: LO019S2012

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: LO015S2012

July 25,
2014

DILG Legal Opinion Archive as Indexed

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

12
0

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

12
1

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

12
2

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

12
3

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

12
4

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

12
5

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

July 24,
2014

DILG Legal Opinion Archive as Indexed

12
6

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

12
7

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

12
8

Clarification and request for opinion on the validity of assumption to Office


as Acting Municipal MayorReference No: LO-004S2012

July 2,
2014

12
9

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: LO001S2012

July 2,
2014

13
0

Clarification on the issue regarding the withholding of Honoraria of


Barangay Elective OfficialsReference No: LO-002S2012

July 2,
2014

13
1

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

13
2

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

13
3

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

13
4

Whether PBs have the authority to order the temporary closure of roads
pursuant to Section 21 (c) of the LGC of 1991Reference No: LO084S2011

November
27, 2012

13

Any question as to the validity of the ordinance authorizing the

November

DILG Legal Opinion Archive as Indexed

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

27, 2012

13
6

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

November
27, 2012

13
7

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

13
8

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

13
9

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

14
0

The power of the municipalities to establish fish portsReference No: LO069S2011

November
26, 2012

14
1

Opinion in JO2 Caguisanos entitlement to longevity payReference No:


LO-068S2011

November
26, 2012

14
2

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

14
3

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

14
4

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

DILG Legal Opinion Archive as Indexed

14
5

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

14
6

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: LO059S2011

November
21, 2012

14
7

Assailing the propriety of the appointment of Mr. Arturo Gregorio as


member of the SB of Altawas, AklanReference No: LO-058S2011

November
21, 2012

14
8

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

14
9

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

15
0

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

November
14, 2012

DILG Legal Opinion Archive as Indexed

15
1

Whether or not a local government unit can operate a cockpit as an


economic enterpriseReference No: LO-052S2011

November
14, 2012

15
2

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

15
3

Filling up of temporary vacancy in the office of the Vice MayorReference


No: LO-050S2011

November
14, 2012

15
4

-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

15
5

This department refrains from rendering opinion on matters that are


presumptively valid actsReference No: LO-046S2011

November
14, 2012

15
6

Whether MO No. 14, which mandates all natural government GOCCs


and LGUs 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

15
7

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

15
8

Demand of Avelino S. Tanguakio, Sangguniang Barangay member for the


payment of his honorarium during his suspensionReference No: LO035S2011

November
5, 2012

15
9

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

DILG Legal Opinion Archive as Indexed

16
0

Barangay Tanods cannot be armed during their tour of dutyReference


No: LO-031S2011

November
5, 2012

16
1

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

16
2

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

16
3

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

16
4

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

16
5

Whether DILG-DBM MC No. 2011-1 applies to barangays created by the


city or provincial governmentReference No: LO-092S2011

October 1,
2012

16
6

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

16
7

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

16
8

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

DILG Legal Opinion Archive as Indexed

LO-079S2011

16
9

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

17
0

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

17
1

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

17
2

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

17
3

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 MRIs meetings and seminars thereatReference No:
LO-043S2011

September
25, 2012

17
4

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

17
5

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

17
6

Whether it is lawful for the son of a deceased SB member to "take over"


the said positionReference No: LO-039S2011

September
18, 2012

DILG Legal Opinion Archive as Indexed

17
7

Whose mandate should prevail relative to the use of the 20% component
of the Annual Internal Revenue Allotment ShareReference No: LO038S2011

September
17, 2012

17
8

Holding of a chairmanship in the outstanding committees by ex. Officio


members in the Sangguniang PanlalawiganReference No: LO-034S2011

September
17, 2012

17
9

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

18
0

Whether the Lady Local Legislators League of the Philippines (Four L


Phils) is considered a government institutionReference No: LO028S2011

September
5, 2012

18
1

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

18
2

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

18
3

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

18
4

The prescription period of 90 days for the review of appropriation


ordinance by the Sangguniang PanlalawiganReference No: LO019S2011

September
4, 2012

18
5

The strict implementation of R.A No. 8371 (IPRA)Reference No: LO026S2011

August 16,
2012

18
6

Whether the mandatory representation of Indigenous cultural


communities / Indigenous people in local legislative bodies includes
representation in the Sangguniang Barangays.Reference No: LO025S2011

August 16,
2012

DILG Legal Opinion Archive as Indexed

18
7

Certain principles involving the power of the local sanggunians to enact


ordinancesReference No: LO-011S2011

October 7,
2011

18
8

Whether or not the previous years budget on intelligence funds may be


re-enacted despite the violation of DILG MC No.99-65Reference No: LO016S2011

July 22,
2011

18
9

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

19
0

Issue of compensation in relation to the honoraria received for attending


the BOR-WSMU meetingsReference No: LO-013S2011

July 22,
2011

19
1

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

19
2

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: LO010S2011

May 23,
2011

19
3

The Sanggunian Barangay shall accredit people's organizations, nongovernmental 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

19
4

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

19
5

The hiring of a private lawyer to represent their municipality in a pending


court litigation was proper, after the Provincial Prosecutor and Provincial
Legal Officer inhibited from from said proceedings due to conflict of
interestReference No: LO-007S2011

May 23,
2011

DILG Legal Opinion Archive as Indexed

19
6

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

May 23,
2011

19
7

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

19
8

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

19
9

The misrepresentation of the three (3) persons in your barangay's


Development Plan by signing therein as representatives of nongovernmental organizations (NGOs) and the accountability, if any, of the
PB for allowing these persons affix their signatures tReference No: LO003S2011

May 20,
2011

20
0

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

DILG Legal Opinion Archive as Indexed

20
1

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

20
2

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

March 23,
2011

20
3

Proclaiming additional winning candidates to SB due to upgraded status


from 3rd class to 1st classReference No: LO-056S2010

March 18,
2011

20
4

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

20
5

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

20
6

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

20
7

Only by order of the proper canbe removed from office.Reference No:


LO-033S2010

March 18,
2011

20
8

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

20
9

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

March 18,
2011

21
0

Whether or not valid for a barangay to tax.Reference No: LO-026S2010

March 18,
2011

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

21
2

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

21
3

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

21
4

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

21
5

Propriety and process of reorganizing the standing committees in the


Sanguniang Panglungsod.Reference No: LO-012S2010

March 18,
2011

21
6

Expiration of the three (3) months suspension imposed against a


mayor.Reference No: LO-010S2010

March 18,
2011

21
7

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

21
8

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

21
9

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

22
0

Illegal termination as Barangay secretary on the grounds of no


subordiantion and negligenceReference No: LO-004S2010

March 18,
2011

DILG Legal Opinion Archive as Indexed

22
1

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

March 18,
2011

22
2

The PB's act of withholding the honoraria of five Sangguniang Barangay


members due to absenteesm.Reference No: LO-002S2010

March 18,
2011

22
3

Hiring of private Lawyer for government concernReference No: LO75S2010

March 18,
2011

22
4

Whether the OIC mayor designated by the mayor who is on official travel
abroad, can approve resolutions or ordinances.Reference No: Lo118S2010

March 14,
2011

22
5

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 mayorelect.Reference No: LO-117S2010

March 14,
2011

22
6

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

22
7

Exhaust first the administrative remedies available before bringing the


matter to the department for appropriate action.Reference No: LO114S2010

March 14,
2011

22
8

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

March 14,
2011

22
9

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

23
0

Verified complaint against every barangay elective official shall be filed


before the SB.Reference No: LO-105S2010

March 14,
2011

23
1

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-

March 14,
2011

DILG Legal Opinion Archive as Indexed

103S2010

23
2

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

23
3

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

23
4

Sectoral Representation of Indigenous People in the Sangguniang


BayanReference No: LO-080S2010

March 3,
2011

23
5

Entitlement of PLEB Members to Government CompensationReference


No: LO-079S2010

March 3,
2011

23
6

Immeditae Filling-up of all Positions in BarangayReference No: LO078S2010

March 3,
2011

23
7

Not all Resolutions Approved by Sanggunian are to be submitted to LCE


for Approval / VetoReference No: LO-077S2010

March 3,
2011

23
8

Grant of Cash Award for Exemplary Public ServiceReference No: LO076S2010

March 3,
2011

23
9

Controversy on Operation of CockpitsReference No: LO-074S2010

March 3,
2011

24
0

Vetoed Items in Executive Budget deemed Reenacted if provided in


Previous YearReference No: LO-073S2010

March 3,
2011

24
1

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

March 3,
2011

DILG Legal Opinion Archive as Indexed

24
2

Designation of Temporary Secretary to the Sanggunian BayanReference


No: LO-071S2010

March 3,
2011

24
3

Validity of Approved Appropriation OrdinanceReference No: LO070S2010

March 3,
2011

24
4

Removing Barangay Elective OfficialsReference No: LO-069S2010

March 3,
2011

24
5

Requiring Approval on Public Appearances of StaffReference No: LO068S2010

March 3,
2011

24
6

In Charge of Proceeding of SB in Vice Mayor's AbsenceReference No:


LO-067S2010

March 3,
2011

24
7

Prohibition from practising Profession / divesting of Position


StakeholdingsReference No: LO-066S2010

March 3,
2011

24
8

Recover Remuneration received by Election OpponentReference No:


LO-065S2010

March 3,
2011

24
9

Resolution authorizing Bank Loan to PurchaseReference No: LO064s2010

March 3,
2011

25
0

Reorganization in Committee Chairmanship will not need Amendment in


Internal Ruling ProcedureReference No: LO-063S2010

March 3,
2011

DILG Legal Opinion Archive as Indexed

51

Declaring Permanent / Temporary Vacancy and Claim for


HonorariumReference No: LO-062S2010

March 3,
2011

25
2

Claim of Honorarium for Non-Attendance in a declared No-Quorum


SessionReference No: LO-061S2010

March 3,
2011

25
3

Questioning Validity of Resolution affecting Livelihood and Exercise of


Free TradeReference No: LO-060S2010

March 3,
2011

25
4

Can a 9th Placer SB Candidate fill up a Vacancy and the Disquallified


Member be scheduled to Refund Monies ReceivedReference No: LO059S2010

March 3,
2011

25
5

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

25
6

Inclusion of Municipality/City Tax in the 10% Fire Inspection


FeeReference No: LO-057S2010

March 3,
2011

25
7

Indigenous People's Representation to Local Legislative BodyReference


No: LO-055S2010

March 3,
2011

25
8

Through an Ordinance, a Mayor can represent the Municipality in


Business Transactions even without Prior Authorization from
SanggunianReference No: LO-054S2010

March 3,
2011

25
9

Authority of Local Chief Executive to represent LGU in a


ContractReference No: LO-053S2010

March 3,
2011

26
0

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

26
1

Proper Accepting Authority upon Resignation of Provincial Federation


PresidentReference No: LO-051S2010

March 3,
2011

DILG Legal Opinion Archive as Indexed

26
2

ABC President not considered Resigned upon Filing of Candidacy for


other PositionReference No: LO-050S2010

March 3,
2011

26
3

The Vice Mayor has Appointing Authority over SB SecretaryReference


No: LO-049S2010

March 3,
2011

26
4

Query on Rules of filling-up Vacancy and SuccessionReference No: LO048S2010

March 3,
2011

26
5

Whether to use Resolution or Ordinance in providing Tax Amnesty in


Real Properties PaymentsReference No: LO-047S2010

March 3,
2011

26
6

Status of Presidents of Provincial Liga ng Barangay Federation/


Provincial Councilor League after filing Candidacies for Vice
Governor/Sangguniang Panlalawigan MemberReference No: LO046S2010

March 3,
2011

26
7

Designation of an Elected Sangguniang Panlalawigan Member as


Provincial AdministratorReference No: LO-045S2010

March 3,
2011

26
8

Undersecretary Position who is a Partylist Candidate is considered


resignedReference No: LO-044S2010

March 3,
2011

26
9

Query on Legality of requiring Accountant's Advice of Barangay Check


Disbursement prior to CashReference No: LO-043S2010

March 3,
2011

27
0

Authority of National Electrification Administration over other


Cooperatives in the Conduct of ElectionsReference No: LO-042S2010

March 3,
2011

27
1

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

March 3,
2011

27
2

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

DILG Legal Opinion Archive as Indexed

27
3

The validity or invalidity of the barangay sponsored construction of a


multi-purpose hall and garage for barangay vehicles.Reference No: LO154S2010

March 3,
2011

27
4

The Supreme Court decision declaring unconstitutional the Cityhood


Laws, has not yet attain finallity.Reference No: LO-153S2010

March 3,
2011

27
5

Authority of Vice-Mayor acting as Mayor to solemnize


marriageReference No: LO-041S2010

March 3,
2011

27
6

City and municipality suspension over their respective


barangays.Reference No: LO-152S2010

March 3,
2011

27
7

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

March 3,
2011

27
8

Legality of Resolution re Veto Message of the Mayor on the Annual


BudgetReference No: LO-040S2010

March 3,
2011

27
9

Conflict between the constitution and the LGC in the prohibition on the
appointment of candidates who lost in any election.Reference No: LO148S2010

March 3,
2011

28
0

Powers and Authority of Asst Secretary MatalamReference No: LO039S2010

March 3,
2011

28
1

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

March 3,
2011

28
2

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

March 3,
2011

28
3

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

DILG Legal Opinion Archive as Indexed

28
4

A sample majority of the membership of the LDC shall constitute a


quorom to transact official business.Reference No: LO-147S2010

March 3,
2011

28
5

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

28
6

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

28
7

Concerned whether the holdover term constitutes as one term in


counting the three (3) consecutive terms..Reference No: LO-145S2010

March 3,
2011

28
8

Wages and other Benefits appurtenant to the Position after winning in


the Election Protest.Reference No: LO-028S2010

March 3,
2011

28
9

Mayors and Governors are prohibited from practicing their profession


other than their exercise of their functions as LCE's.Reference No: LO143S2010

March 3,
2011

29
0

Whether or not he is legally entitled to the benefits as Sangguniang


Barangay memberReference No: LO-142S2010

March 3,
2011

29
1

Whether or not the SB may validly enact a resolution re-enacting the


preceding year's budget qppropriationReference No: LO-027S2010

March 3,
2011

29
2

Whether or not a Resolution enacted by the SB still needs the Approval


of the Mayor.Reference No: LO-025S2010

March 3,
2011

29
3

Use of the Priority Development Assistance Fund (PDAF)Reference No:


LO-023S2010

March 3,
2011

29
4

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

DILG Legal Opinion Archive as Indexed

29
5

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

29
6

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

29
7

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

29
8

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: LO137S2010

March 2,
2011

29
9

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

30
0

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