OPINIONS

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ABSTRACT

DATE ISSUED

1 Whether or not the franchise granted to the Phil. Monorail Transit System Inc. can still be activated without violating existing law 03 Jan 1996
4 Whether or not the personnel of the Forensic Division of the Commission on Human Rights are entitled to the benefits, provided for under RA No. 7305 03 Jan 1996
2 Meaning and scope of the words "all lands" used in Section 98 of the charter of the City of Gen. Santos 04 Jan 1996
3 Applicability of PD No. 1957 to the Mactan, Laoag and Davao Airports 05 Jan 1996
5 Whether or not the Race Horse Trainers Fund is public or private in the face of changes in the law in the passage of PD No. 1445 in 1978 and the Administrative Code in 1987 which defines what constitute government funds 10 Jan 1996
6 Reconsideration of Op. No. 63 s. 1995 to the effect that "the MMDA is a national government agency endowed with unique and special powers as a metropolitan development and administrative authority" 19 Jan 1996
7 Request for exemption from the coverage of the Salary Standardization Law by the PNB employees 19 Jan 1996
8 Whether or not the Asset Privatization Trust should adopt the "Terms of Reference" proposed by the Dept. of Transportation and Communication in the disposition of the government-held shares in Pacific East Asia Cargo Corporation 19 Jan 1996
18 Concerning the loan of the National Home Mortgage Finance Corporation from the World Bank-IBRD, through the National Government, in the original amount of US$76.73 Million which is the subject of "conversion to equity" under Sec. 6 of RA No. 7835 24 Jan 1996
11 Regarding the term of office of local elective officials, specifically on the reckoning point of the phase "three consecutive terms", in the light of the constitutional and statutory provisions of the 1987 Constitution and the Local Government Code 25 Jan 1996
10 Confirmation of the Board of Investments view that "a 100% foreign-owned publishing/newspaper company may locate in the Subic Bay Freeport Zone provided that all its publication/newspapers shall be geared for export to its affiliates worldwide"; and whether or not a 100% foreign owned publishing/newspaper company located at the Subic Bay Freefort Zone can validly distribute thirty percent (30%) of its publication in the local market. 31 Jan 1996
9 Request for opinions on the following issues: 1. Whether or not a joint resolution can validly contain an appropriation in such a manner that can be considered as a law pursuant to the following constitutional provision. Sec. 29. (1) No money shall be paid out of the Treasury except in pursuance of an appropriation made by laws. (Art. VI) 2. Whether or not by including an appropriation provision in a joint resolution, said resolution then becomes an appropriation bill that must emanate from the House of Representatives, but the Senate may propose or concur with amendments. 3. Whether or not a joint resolution duly enacted by Congress as law may repeal, amend, or modify laws. 02 Feb 1996
12 Whether the Bureau of Import Services should refrain from inquiring Duty Free Phils. to secure clearance prior to importation of duty free merchandise. 02 Feb 1996
14 Confirmation that the government of the Philippines through the Office of the President or through the Bangko Sentral ng Pilipinas can enter into a currency "swap" or exchange agreement with the International Bank for Reconstruction and Development 05 Feb 1996
16 Whether or not the agreement for pastoral services entered into by and between the Phil. Heart Center and the Order of St. Camillus, a Roman Catholic organization, falls under the prohibition as provided in Sec. 29(2), Art. VI of the present Constitution 08 Feb 1996
15 Interpretative ruling on Sec. 7 of RA No. 7796 09 Feb 1996
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17 Regarding the Second Regular Foreign Investment Negative List that the NEDA Secretariat is currently formulating pursuant to Sec. 8 of the Foreign Investment Act of 1991 09 Feb 1996
13 Regarding which law RA No. 6774, RA No. 6975, and RA No. 7160 should prevail on how they may be harmonized 12 Feb 1996
19 Whether condonation of penalties on loans granted by the Technology and Livelihood Resource Center is covered by Sec. 36 of PD No. 1445 16 Feb 1996
20 Whether or not Career Executive Service Office eligibility is required for appointment under permanent status of Directors in the President Commission on Good Government 19 Feb 1996
22 Whether or not the present governing body of the Instructional Material Development Center under EO No. 492 dated Nov. 21, 1991 is authorized to grant additional benefits to its retired/separated officials and employees 22 Feb 1996
21 Whether the National Consumer Affairs Council could be considered under the Dept. of Trade and Industry or under the office of the President 23 Feb 1996
23 Regarding the proposed Memorandum of Understanding between the Federal Security Service of the Russian Federation and the Dept. of Interior and Local Government, particularly on the undertakings therein with respect to the government policies and guidelines 29 Feb 1996
24 Relative to the interpretation of Sec. 7(b) of RA 6982 in relation to Sec. 2 of Rule II and Sec. 1 (a) of Rule VII of its implementing Rules and Regulations, all relating to the cash bonus distribution of the 80% Social Amelioration Program Fund established under RA 6982. 04 Mar 1996
25 Concerning the proposal of Smith Bell and Co., Inc. to market and sell in the Philippines US dollar-denominated life insurance products of a British investment and insurance company, in joint venture with a Hongkong-based group to be incorporated and domiciled in the country, subject to government regulations and supervision 07 Mar 1996
26 Regarding the claim of Robert B. Catli, Director III COA, for payment of back salaries and other benefits covering the period of his preventive suspension from September 14 to December 15, 1989 in account of an administrative case for insubordination filed against him 07 Mar 1996
28 "Correct interpretation" of the provisions of EO No. 90 and EO No. 102 relative to the granting of direct housing loans to SSS members. 08 Mar 1996
29 Legal feasibility of a project proposal of the Dangerous Drugs Board, entitled "Drug Testing in Schools", which would require all students, both in the public and private schools, to undergo an annual physical and medical examination which would include the determination of the presence of dangerous drugs in the body fluids of the students concerned. 14 Mar 1996
27 Request for "views/comments on the draft articles on the law of the non-navigational uses of international water courses which was adopted by the International Law Commission at its forty-sixth session" 15 Mar 1996
32 Concerning the interpretation of the provisions of Sec. 24-A vis-à-vis Sec. 31 of the Dangerous Drugs Act of 1972 (RA No. 6425), as amended 15 Mar 1996
35 Interpretation of Sec. 5, Paragraph 2 of Executive Order No. 248. 15 Mar 1996
33 Regarding the extent of tax-exemption privileges of the GSIS. 19 Mar 1996
30 Whether the MMDA can be considered a local government unit 21 Mar 1996
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31 Confirming the opinion of NEA Legal Department regarding the retirement benefits of Orfelino M. Competente 21 Mar 1996
34 Correct interpretation and/or application of Sec. 100 and 105 of the Tariff and Customs Code being implemented by the Dept. of Finance through the Bureau of Customs. 25 Mar 1996
36 Whether or not, with the enactment of the Local Gov't Code of 1991, appeals from the decision or order of the building official should be filed with the Office of the City/Municipal Mayor 02 Apr 1996
37 Regarding the meaning of "an attachment of an autonomous office to a department or its equivalent" 11 Apr 1996
39 Whether the Dept. of Health can now pay the money value of the terminal leave credits of Dr. Manuel G. Roxas, who was compulsory retired on March 18, 1996 without Ombudsman clearance. 19 Apr 1996
40 Regarding the applicability of the Expanded Value Added Tax on those sectors mentioned under Sec. 17 of RA No. 7716. 22 Apr 1996
41 Regarding the status of registration of electric cooperative which will fail to qualify, or opt not to apply for permanent registration with the Cooperative Development Authority pursuant to the provisions of RA No. 6938 23 Apr 1996
42 Whether there are legal impediments in Undersecretary of Tourism William R.L. Sobrepena's acceptance of an invitation to be member of the Board of Directors of the College Assurance Plan, Inc. and the Comprehensive Annuity Plans and Pension Corporation. 26 Apr 1996
43 Whether or not fringe benefits, such as hazard pay and the benefits under the Magna Carts of Public Health Workers, are tax exempt in view of RA No. 7833, which excludes the benefits mandated under RA No. 6686 and PD No. 851, as amended, and other benefits from the computation of gross Compensation Income for purposes of determining taxable compensation income. 26 Apr 1996
44 Whether the "Presidential Memorandum" granted in 1983 in favor of MECC is tantamount to a "franchise" and does not anymore necessitate congressional approval specifically the validity of MECC's permit to hold commercial races in Lipa City 29 Apr 1996
45 Regarding the Caliraya-Botocan-Kalayaan Project being proposed by the National Power Corporation for the implementation as an unsolicited proposal under a "Build-Rehabilitate-Operate-Transfer" scheme pursuant to the BOT law. 02 May 1996
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46 Whether or not the Philippine National Police is exempted from the payment of fees for filing construction permit, license, inspection and permit to purchase/possess covering radio and telecommunications equipment owned and operated by it 07 May 1996
47 Request of Pan Malayan Insurance Corporation to the NEDA Secretariat for a certification exempting the issuance of a foreign currency denominated Contractor's all Risks insurance policy for the construction of the Japanese Embassy from the foreign currency prohibition of RA 529 or the Uniform Currency Act, as amended by RA 4100. 09 May 1996
48 Confirmation of the Joint Venture Agreement between the Phil. National Railways, Housing and Urban Development Coordinating Council and the National Housing Authority, constitutes legal, valid and binding obligations of the aforesaid agencies under the laws of the Republic of the Philippines 10 May 1996
51 The extent of corporate powers that a hold-over Board of Directors can exercise specifically whether the existing Board of Directors of the Phil. Crop Insurance Corporation can issue the policies, rules and regulations necessary to implement the new features of the crop insurance program provided under RA No. 8175. 13 May 1996
49 Clarification on the provisions of paragraph 2.0- Rules and Regulations of Administrative Order No. 263, entitled 'Authorizing the grant of anniversary bonus to officials and employees of government entities", dated March 28, 1996, in relation to the status of the Cooperative Development Authority for the purpose of granting anniversary bonus to its employees as provided in the said order. 14 May 1996
50 Regarding the tax and duty free importation privileges of the Philippines Amusement and Gaming Corporation. 14 May 1996
52 Whether or not Administrative Order No. 20 (1992) of the Office of the President supersedes this Department's Order No. 44 s. 1990 14 May 1996
53 Concerning the alleged tax liabilities of FELS Energy Inc./National Power Corporation per Tax Declaration No. 018-00-958 issued by the Batangas Provincial Assessor 21 May 1996
55 Whether or not the three year tour of duty of the Chief of Staff of the Armed Forces of the Phils. as provided in the Constitution, extends beyond the compulsory retirement age for military personnel as indicated in PD No. 1638, otherwise known as the "AFP Military Personnel; Retirement and Separation Decree of 1979 22 May 1996
56 Regarding the out-of-pocket expenses and legal fees in connection with the Chuidian vs. PNB case 23 May 1996
54 Validity of the "no competition" clause embodied in the separate Locator Agreements that the PNOC Petrochemical Development Corporation has signed with the Petrochemical Corporation of Asia Pacific, and Bataan Polythylene Corporation, in the light of the constitutional policy against monopolies, combinations in restraint of trade and unfair competition 29 May 1996
57 Relative to the legal effect of RA No. 7160, otherwise known as the Local Gov't Code of 1991, particularly Sec. 447 (3) (v) thereof, and of Resolution No. 95-05 of the Oversight Committee on the Code on the authority of the Games and Amusements Board to regulate cockfighting and cockpit operation in the country 03 Jun 1996
58 Whether the Nayong Pilipino Foundation, Inc. created under PD No. 37, can enter into a joint venture project with a private contractor for the development of its thirty six (36) hectare property at the Nayong Pilipino Complex in MIA Road, Pasay City 07 Jun 1996
59 Whether or not Hon. Roger G. Mercado can still run in the coming 11th Congressional elections 07 Jun 1996
60 Regarding the consultancy fee equivalent to 4% of the total construction cost of the National Printing Office entered into a Supplemental Consultancy Agreement on Jan. 10, 1994 between NPO and A.H. Gallego, Jr. and Associates 10 Jun 1996
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61 Concerning the qualifications/requirements to become a Chief of Police of the Cebu City Police Command 11 Jun 1996
62 Whether or not the Government's contribution to the Higher Education Development Fund could be fully utilized or just the interest thereof in the light of the provisions of Sections 10 and 11 of RA No. 7722 18 Jun 1996
64 Whether or not the government can sell without public bidding the properties subject of Civil Case No. 0093 (Ortigas vs. PCGG) and Civil Case No. 0147 (Silverio vs. PCGG) before the Sandiganbayan 18 Jun 1996
65 Whether the Senate ratification of the World Trade Organization Agreement automatically amends RA 7843 and its implementing rules and regulations or if there is a need to introduce an amendment to RA 7843 to align the domestic law with the treaty obligation separately through an Act of Congress 25 Jun 1996
63 Relating to Proclamation No. 772, entitled "Granting to the Provincial Government of Cavite ownership of certain parcel of land of the public domain located at the Barangay Lantik, Municipality of Carmona, Province of Cavite, Island of Luzon for its use and development as industrial estate and delocation area for squatter families of Cavite", issued by Pres. Fidel V. Ramos on March 28, 1996, specifically "whether or not the Register of Deeds for the Province of Cavite can issue an original certificate of title on the basis of Proclamation No. 772" 28 Jun 1996
66 Relating to the proper interpretation of the phrase "Filipino Investors Society" as used in RA 7459 05 Jul 1996
68 Regarding the appeal of Ex-Senior Police Officer Benhur P. Lorzano for the grant of an executive clemency from his administrative conviction resulting in his dismissal from the police service on July 19, 1994 12 Jul 1996
67 Whether or not the Philippine Amusement and Gaming Corporation is authorized by its Charter to operate and manage Jai-Alai frontons in the country 15 Jul 1996
69 Whether or not the Regional Tripartite and Productivity Board in Region X, pending the formal constitution of a similar Board in the newly created CARGA Region, can validly issue a wage order to cover among others, the province of Agusan del Norte, Agusan del Sur, and Surigao del Norte and the cities of Butuan and Surigao, which were originally within the territorial jurisdiction of Region X, but are now within the territorial jurisdiction of Region XIII 18 Jul 1996
70 Whether an international organization with the Branch office in the Philippines engaged in extending financial assistance to self-help groups of persons with disabilities can avail of the exemption from importation and other customs duties for the goods or equipments they bring into the country for the purpose of donating the same to charitable organizations for people with disabilities 22 Jul 1996
72 Proper interpretation of the provisions of Section 18 of RA No. 7722, otherwise known as the "higher Education Act of 1994" 25 Jul 1996
77 Request for opinion of the queries posed by the Chamber of Real Estate Brokers Association, an organization of subdivision and condominium developers 25 Jul 1996
76 Request for confirmation of the Opinion of Dept. of Trade and Industry Secretary Rizalino S. Navarro regarding the basic Agreement on the ASEAN Industrial Cooperation Scheme which will be signed at the forthcoming Informal ASEAN Economic Ministers Retreat in Singapore is in the nature of an executive agreement which will not require Senate ratification 26 Jul 1996
73 Pertaining to the procedures followed by NICA in the conduct of administrative proceedings against Ms. Teresita Estrera, who was dismissed from the service 29 Jul 1996
71 Whether or not the principle of hold-over applies to the situation of the present crop of officers of the federations of Sangguniang Kabataan at the national, special metropolitan, provincial, city and municipal levels 01 Aug 1996
74 Confirmation of the opinion rendered by the Commission on the Settlement of Land Problems, dated May 21, 1996, that the "surrender of the owner's duplicate certificate of title covering an agricultural land acquired by the DAR under RA No. 6657 may be dispensed with and that payment of the just compensation may be made by the Land Bank even in the absence thereof 01 Aug 1996
78 Comment/opinion relative to the privilege speech of Senator Marcelo Fernan entitled, 'Multiple Positions in Government: Immoral and Unconstitutional" 01 Aug 1996
82 Regarding the implementation of EO No. 345, s. 1996, "transferring the Board of Liquidators from the National Development Company to the Asset Privatization Trust to effect its abolition 01 Aug 1996
75 Concerning the elections for the Pambansang Pederasyon ng mga Sangguniang Kabataan scheduled or not Jejomar Erwin Binay representing both Makati City and the MMA, is entitled to two votes in the forthcoming elections 02 Aug 1996
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79 Request for opinion on the legal basis, impediments and implications in imposing cash bond on Exchange Visitors Program participants 07 Aug 1996
80 Concerning RA No. 7471 (Philippine Overseas Shipping Development Act) which was approved on May 5, 1992 08 Aug 1996
81 Interpretation of the pertinent provisions of EO No. 540, entitled 'Providing for a Philippine Foreign Trade Service Corps in the Ministry of Trade and for other purposes" issued on June 19, 1979, and its implementing rules and regulations as provided in Letter of Instruction No. 1183 dated June 19, 1979 and Dec. 29, 1981, respectively, in the light of Memo Circular No. 6-92 issued by the Dept. of Foreign Affiars on April 6, 1992 16 Aug 1996
84 Regarding which agency - the Philippine Economic Zone Authority or the Philippine Coast Guard - has a better right to possess, occupy and utilize a panel of Land, identified as Lot 4699 in Ibo, Lapu-Lapu City, where the PCG's lighthouse station is located. 30 Aug 1996
83 Regarding a proposed "privatization or joint venture" between the Aboitiz Equity Venture which runs the Davao del Norte Electric Cooperative, on the other hand, for servicing of electricity in the franchise area 04 Sep 1996
89 Regarding the proposed grant by the Social Security Commission of additional per diems and housing allowance to the SSS Commissioners 12 Sep 1996
85 Whether or not the Compulsory Life Insurance premium or contribution of the AFP personnel to the GSIS is still governed by the provisions of CA No. 186 despite the issuance of PD No. 1146 which expanded, increased and integrated the social security and insurance benefits of all government employees. 23 Sep 1996
88 Involving the implementation of policies, rules and regulations on housing adopted by the Central Mindanao University Housing Task Force and confirmed by the University Board of Regents per Resolution No. 27, s. 1996 24 Sep 1996
86 Status of certain real properties donated to the "defunct" Philippines Constabulary 25 Sep 1996
87 Whether or not the Philippine Crop Insurance Corporation can write non-life coverages on government assets that are agriculturally related 27 Sep 1996
90 Concerning the nature of a District Hospital to be established in the Municipality of Conner, Province of Apayao as mandated by RA No. 7850 30 Sep 1996
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92 Who between a Master Plumber and a Sanitary Engineer has the right to practice plumbing in buildings and similar construction. 30 Sep 1996
91 Relative to the implementation of RA No. 7922, entitled "An act establishing a special economic zone and free port in the Municipality of Sta. Ana and the neighboring islands in the Municipality of Aparri, Province of Cagayan, providing funds therefore, and for other purposes. 02 Oct 1996
93 Validity of the obligation of the City Government of Lucena under the Project Agreement that it executed with the Economic Support Fund Secretariat involving a grant-loan equity financing arrangement for the construction of the Lucena City Public Market 11 Oct 1996
94 Whether or not, under RA No. 7227, otherwise known as the Bases Convertion and Development Act of 1992, the Subic Bay Metropolitan Authority has the authority to grant franchise to applicants to install, operate and maintain telecommunications facilities and servicing within the Subic Special Economic and Free Zone 14 Oct 1996
105 Whether or not resident physicians undergoing training are entitled to overtime allowances for working beyond 40 hours a week 15 Oct 1996
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96 Legality of the three Lease Purchase Agreements entered into by and between ITC-Aeroscope, Inc. and the Philippine Government, air Transportation Office, Manila International Airport Authority and Mactan Cebu International Airport Authority covering four units of the Bell 412 EP Helicopter 28 Oct 1996
98 Regarding the proposal of Mrs. Jocelyn G. de los Reyes, to pay her obligation arising from her breach of scholarship contract with consultancy services that she would render to MIRDC 31 Oct 1996
95 Regarding some concerns raised by the World Bank in connection with RA No. 8182 (Official Development Assistance Act of 1996) 04 Nov 1996
97 Concerning compulsory retirement of government personnel who have reached the age 65 years in the light of Memorandum Circular No. 65, reiterated in MC No. 134 dated June 16, 1988 and Oct. 31, 1995, respectively, both issued by the Office of the President, and restated in DECS Order No. 9 dated Jan. 26, 1996. 05 Nov 1996
99 Which agency - the career Executive Service Board or the Civil service Commission - is the body properly vested with the authority to conduct the third level eligibility examinations for conferment of CES eligibility 06 Nov 1996
100 Reconsideration of DOJ Opinion No. 116 s. 1995 re: RA No. 7193 did not automatically transfer the parcels of lands within the Culion Leper Colony to the new Municipality of Culion. 12 Nov 1996
101 Clarification of DOJ Opinion No. 41 s. 1996, in relation to the tax exemption of electric cooperatives which fail to qualify for registration or opt not register, with the Cooperative Development authority pursuant to RA No. 6938, the Cooperative Code of the Philippines 15 Nov 1996
102 Relative to the Memorandum for the President dated Aug. 7, 1996 of CET Gonzalo T. Santos, Jr., regarding the request of the APT for exemption from the Salary standardization Law 18 Nov 1996
103 Regarding the "total amount of agrarian Reform Fund, as embodied in Proclamation No. 131, EO No. 229 and RA No. 6657" 18 Nov 1996
104 Relating to the implementation of RA No. 7844, otherwise known as the "Export Development Act of 1994" 19 Nov 1996
106 Regarding the applicability of the provisions of RA No. 7656 to the Philippine Tourism Authority 04 Dec 1996
107 Whether or not water districts are no longer exempted from paying taxes, royalties, fees, charges, etc. that they have been enjoying pursuant to PD No. 198, as amended. 12 Dec 1996
108 Whether or not the Orders of Recognition as Filipino citizen issued by the Bureau of Immigration needs the affirmation of the Dept. of Justice 20 Dec 1996
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