OPINIONS

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ABSTRACT

DATE ISSUED

1 Relating to the interpretation of the provisions of Art.5 of PD No. 1620 (Granting to the International Rice Research Institute [IIRI] the Status, Prerogatives, Privileges and Immunities of an International Organization). 04 Jan 2000
2 Opinion on the "seemingly conflicting provisions" of Executive Order No. 389 (Implementing the Fourth and Final Year Salary Increases Authorized by Joint Senate- House of Representatives Resolution No. 1, s. 1994) dated Dec. 28, 1996, and RA No. 7648 (The Energy Power Crisis Act). 07 Jan 2000
3 Request for the proper interpretation of the pertinent provisions of the Consumer Act of the Philippines (RA No. 7394) specifically on a: chain distribution plan/ pyramid sales and referral selling; b: determination of a probable cause for violation of RA 7394. 07 Jan 2000
4 Whether or not Ms. Ofelia D. Fernandez, financial Management Division (FMD) Chief of PAGASA is entitled to receive honoraria for the period of April 1996 -July 1998 even if she has no accomplishment or involvement then with the PAGASA projects. 14 Jan 2000
8 Whether or not the Master Plan of Operations (MPO) for the 5th Country Programme for children (CPC-V) and the Agreement between the International Children's Emergency Fund and the Government of the Philippines are exempt from the provisions of Joint Department of Finance (DOF)-Department of Budget and Management (DBM)-Commission on Audit (COA) Circular No.2-97 and of RA No. 8745 (1999 General Appropriation Act). 14 Jan 2000
5 Query on the extent of the authority of the President over the PNP, particularly on the matter of placement or assigned Senior PNP Officers. 17 Jan 2000
6 Whether the Department of Agriculture is authorized under the law to sell the confiscated smuggled sugar to the world market and use the proceeds thereof to resuscitate the sugar industry. 18 Jan 2000
7 Opinion on the wisdom and validity of RA 8560, entitled "An Act Regulating the Practice of Geodetic Engineering in the Philippines". 19 Jan 2000
9 Relating to the effect and/or validity of the appointment of Mr. Ramon V. Seneres on Aug. 28, 1998 as Executive Director of National Computer Center (NCC) by the President. 19 Jan 2000
10 Whether or not disco activities and/or vending operations within the adjacent premises of the Quezon Memorial Shrine at the Quezon Memorial Circle, Elliptical Road, Quezon City violate PD No. 105, which declares National Shrines as sacred places and prohibits desecration thereof by causing inter alias, unnecessary noise. 20 Jan 2000
11 Opinion on the legality of effecting payment of the 10% Amelioration Allowance, covering the period from November 1, 1989 to September 14, 1998, to all NHA Officials and employees, who were incumbents as of July 1939 in the light of the SC Decision in GR No. 109023 promulgated on Aug. 12, 1998. 21 Jan 2000
12 Legal advise/opinions as to what appropriate action the DSWD may take should the Department of Justice find the request of the Pag-asa Samahan ng Magkakapitbahay sa Brookside Nueva de Pebrero, Inc.(PSMBB) for the immediate implementation of PD No. 2016 (Prohibiting the Eviction of Occupant Families from Urban Land Reform Zones and Exempting such Land from Payment of Real Property Tax) relative to the Areas Priority Development for Urban Land Reform Zone (A.P.D. No. 7) in Mandaluyong City. 03 Feb 2000
13 Opinion relative to the Department of Trade and Industry (DTI) Health Care Program intended to benefit the welfare of its employees. 08 Feb 2000
14 Opinion regarding the applicability of Sec. 234 of RA No. 7160, otherwise known as the "Local Government Code of 1991", specifically on the imposition by the Office of the City of Assessor/Treasurer of Zamboanga International Airport. 16 Feb 2000
15 Legal opinion on the "legality and effectivity of the Ceasefire Agreement, which allows members of the MNLF-identified areas and to undertake police enforcement therein as provided under Article VI (Action exempted from Ceasefire, Definition of Hostile or Provocative Acts), par. (C) of the GRP-MNLF Peace Agreement (should be read as Joint Ceasefire Guidelines and General Rules)." 16 Feb 2000
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19 Confirmation of the following views of the Board of Investments (BOI): 1. Firms registered with BOI pursuant to the provisions of RA 8479 (Downstream Oil Deregulation Law) are exempted from paying the VAT for the importation of capital equipment, and are liable to pay only a minimum of 3% duty for importation of capital equipment as part of its incentives under the law; and 2. These firms registered pursuant to the provisions of RA 8479, may avail of six (6) years Income Tax Holiday (ITH) incentive despite the express language of RA 8479 limiting the incentives provided therein to five (5) years. 16 Feb 2000
16 Whether or not the members of the Videogram Regulatory Board (VRB) are required to file their statement of Assets and Liabilities pursuant to Sec. 8 of RA 6713 (Code of Conduct and Ethical Standards for Public Officials and Employees). 17 Feb 2000
17 Opinion relative to constitutional and legal validity of the proposed Collective Negotiations Agreement (C N A ) between the DOLE and the DOLE Employees Union (DOLE-EU). 18 Feb 2000
18 Query relative to the interpretation and/ or application of the provisions of the Anti-Graft and Corrupt Practices Act (RA No. 3019) as amended, specifically, sub-paragraphs (h) and ( I) of Sec. 3 thereof. 18 Feb 2000
20 Whether or not the Asset Privatization Trust (APT), as the disposition entity for the Philippine Phosphate Fertilizer Corp. (PHILPOS), a government-owned and/or controlled corporations (GOCC) and whose assets are transferred to the National Government (NG) for disposition, can dispose of the receivables of the NG from PHILPOS separately from the PHILPOS shares held by the National Development Co. (NOC) should the Republic of Nauru (RON) exercise its right of refusal in the event of the privatization of PHILPOS. 28 Feb 2000
23 Opinion on the case of Assistant Director Julio Arciaga of the Bureau of Corrections whose item was given to Atty. Joselito A. Fajardo by virtue of the latter's appointment as Assistant Director of said Bureau by Pres. Estrada on August 27, 1999. 28 Feb 2000
21 Issues relating to the proper interpretation of the provisions of Sec. 32 of RA 8551 "An Act Providing for the Reform and Reorganization of the PNP and for other Purposes, Amending Certain Provisions of RA 6975 entitled " An Act Establishing the PNP Under a Reorganized DILG, and for Other Purposes". 06 Mar 2000
22 Whether or not there is a legal impediment in directly awarding the Information Technology Contract to the second highest bidder, Professional Video, Inc. (PROVI), an account of the Bureau of Immigration's decision to terminate its contract with the first bidder, SBG-Tech International (SBG). 07 Mar 2000
24 Definitive legal opinion on the constitutionality or validity of Cagayan de Oro City Ordinance No. 6626-98 entitled "An Ordinance Requiring Any Person or Individual, Whether a Member of Any Government Law Enforcement or Private Security Agency, Entering the City and Carrying Licensed Firearm, Whether on Mission or for Personal Security Reasons, to Register the said Firearms with the Nearest Police Precinct of the Cagayan de Oro City Police Office and Providing Penalties for Violation Thereof and for Other Purposes". 20 Mar 2000
25 Requesting the Secretary of Justice, as ex-officio legal adviser of the Asset Privatization Trust (APT) to render opinion on the issue of whether or not it can validly enter into a lease contract as a mode of privatization of its assets. 22 Mar 2000
26 Legal opinion on the obligation or undertaking of the PNOC, a government owned and controlled corporation carries with it the backing of the government in that the executive and legislative branches will see to it that the obligations are discharged as they fall due. 22 Mar 2000
27 Comment on the legality of the Memorandum of Agreement (MOA) proposed to be executed by and between the DND-AFP and the City Government of Puerto Princesa for the construction of a tertiary level hospital within the Teneguiban Military Reservation in Puerto Princesa City. 23 Mar 2000
28 Opinion on the following issues: 1. May the LRTA legally enter into a Joint Venture Agreement without the need of a public bidding? 2. May the LRTA legally contribute all its shares in Metro Transit Organization, Inc. the LRToperating company, thus placing the operation and maintenance of the entire LRT system in the hands of the joint venture? 27 Mar 2000
30 Legal opinion on whether or not Police Director-General (PDG) Santiago L. Alino "can legally hold on to his rank as Director General and/or he could be retired from the service with entitlement to all retirement benefits due him under existing laws." 27 Mar 2000
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29 Opinion on the ownership of the fortified Moro Watch Towers that abound in the Province of Cebu as well as the land where they stand. 28 Mar 2000
31 Confirmation of the view that registered enterprises under the Omnibus Investment Code (EO 226) whose incentives to enjoy their tax credit on raw materials incentive under the tax and duty drawback scheme administered by the Department of Finance. 06 Apr 2000
33 Opinion on the Mission Orders of the Laguna Lake Development Authority (LLDA) particularly Mission OrderNo.00-2-0 issued on February 31 2000. 06 Apr 2000
32 Opinion relative to the implementation of RA 5059 otherwise known as " An Act Establishing the Philippine Merchant Marine Academy (PMMA) a Commissioned Corps of Officers and for Other Purposes" in accordance with the Implementing Guidelines thereof, as approved by the PMMA Board of Trustees under Resolution No. 1 s. 1996 07 Apr 2000
34 Assistance on a legal matter arising from the participation that is administered by the US Information Agency to facilitate educational and cultural exchanges between the US and other countries. 10 Apr 2000
35 Query on who has the authority to issue office orders between the Chairman and Executive Director of the Office of the Transportation Cooperatives (OTC). 17 Apr 2000
38 Opinion relative to retirement benefits of Philippine National Police (PNP) uniformed personnel under RA Act of 1990", as amended by RA 8851, otherwise known as the "Philippine National Police Reform and Reorganization Act of 1998." 19 Apr 2000
36 Opinion on whether a married civil servant may revert to the use of her maiden name through the execution of an affidavit. 25 Apr 2000
37 Opinion on the legal import of the title "incumbent head" as mentioned in the implementing guidelines of CHED Memo Order No. 18, series of 1999, on the integration of CHED-Supervised Institution (CSIs) to State Universities and Colleges (SUCs) issued in accordance with the provisions of RA 7722, otherwise known as the "Higher Education Act of 1994", and RA 8292, otherwise known as the "Higher Education Modernization Act of 1997" and Colleges (SUCs) issued in accordance with the pursuant to Special Provision No. 2, of CHED FY 1999 Budget under the General Appropriations Act of 1999 or RA No. 8745. 28 Apr 2000
39 Opinion the legality of the proposal to put up "Prohibited and Regulated Drugs Drop Boxes" at the Ninoy Aquino International Airport. 11 May 2000
41 Opinion on the various course offering of the Philippine Public Safety College (PPSC) in relation to the higher academic course offering of educational institutions that are under the administrative control and supervision of the Commission of Higher Education. 15 May 2000
40 Opinion on whether the establishment of "Keirin" or professional bicycle racing as a gambling sport in the Philippines is covered by the provisions of PD 1869, also known as the Charter of Philippine Amusement and Gaming Corporation. 18 May 2000
42 Opinion on the issue relating to the category of Cable Television Industry. 23 May 2000
43 Opinion on a certain issues relating to the alternative schemes being considered by the Department of finance, in cooperation with other government agencies, to replace the existing pre-shipment inspection (PSI) of the Bureau of Customs. 23 May 2000
44 Opinion on the necessity and propriety of the issuance of a Presidential Order before a systematic titling of alienable and disposable lands be undertaken by the Department of Environment and Natural Resources. 30 May 2000
45 Opinion on the legality of transfer if the Catanduanes Agricultural Support Programme (CatAg) funds to the Agricultural and Rural Development for Catanduanes, Inc. (ARDCI), and NGO, that evolved from the savings and loan system established by CatAg in line with the objectives of the Financing Memorandum between the Government of the Philippines and the European Union, which transfer of funds is to be effected through a Memo Agreement. 31 May 2000
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46 Request for a definitive ruling on the following issues: 1. Whether or not a franchise, certificate on authorization is needed by an entity before it can construct and operate its pipeline to transport its petroleum gas (LPG); and 2. Whether or not, under the present state of law, the Department has the power to grant pipeline franchise, certificate or authorization to said entity to transport said petroleum products. 06 Jun 2000
47 Confirmation of the view that the Board of Investments (BOI) can, under existing laws, accept donations from private entities in the absence of an express grant of such power in its Charter, EO 226, as amended, otherwise known as the Omnibus Investment Code. Also on whether the BOI may donate the donated property to a tax-exempt entity like a non-stock, non-profit organization. 13 Jun 2000
48 Opinion whether the GSIS is liable to pay local transfer tax and registration fee, respectively, in connection with its purchase from Fort Bonifacio Development Corporation (FBDC) of a parcel of land in the Global City". 16 Jun 2000
49 Opinion on the following specific issues: 1. Is the additional compensation allowance granted to government officials and employees under AO No. 53, which took effect on May 17, 1993, subject to tax? 2. Which agency is responsible to refund excess tax withheld from salaries of DECS employees? DECS or BIR? 19 Jun 2000
50 The case of Mr. Philip Petersen, a British national whose Filipino wife, Ms. Methyl Petersen, died in a vehicular accident in the UK in 1998. 19 Jun 2000
51 On the validity of EO Nos. 29, 36, 191 and 223 issued by Pres. Joseph E. Estrada, which recognized the National Tobacco Administration and deactivated the Economic Intelligence and Investigation Bureau. 23 Jun 2000
52 Legal opinion on whether the Commission on the to issue a writ of demolition and a status quo order. 26 Jun 2000
53 Affirmation of the position of the National Power Corporation that it is exempt from the payment of all taxes, duties, fees, imports and other charges by the Government and government instrumentalities, including the annual water changes being imposed by the National Water Resources Board. 27 Jun 2000
54 Opinion whether the appointment of the Ho. Leandro B. Verceles, Jr. as Professional Lecturer of the Philippine Judicial Academy (PHILJA) would be a violation of Sec. 13, Art. VI of the present Constitution. 04 Jul 2000
55 Review of and concurrence to, the Policies, Guidelines and Procedures in the Undertaking of Reclamation Projects as approved by the Public Estates Authority Board per Resolution No. 2098, s. 2000. 07 Jul 2000
56 Request for a new opinion whether seized smuggled goods can be re-exported by the government. 11 Jul 2000
58 Opinions as to whether Mr. Alberto P> Zingapan, Administrator, Cooperative Development Authority (CDA) can continue serving as Acting Chairman of the Board of Administrators (Board) of the CDA beyond the expiry date of appointment as member of the said Authority. 11 Jul 2000
57 Opinion on the legal aspect of the proposal presented by the German government that would "allow members of the families of diplomatic missions, consular posts, or mission to an international organization to engage in gainful employment on the basis of reciprocity. 12 Jul 2000
59 Opinion on whether acceptance of the Department of Tourism (DOT) through Secretary Gemma Cruz-Araneta of the offer of BBDO/ Guerrero Ortega to assist the DOT in its promotional endeavors would be contrary to law. 17 Jul 2000
60 Opinion on whether or not the provisions governing, among others, the creation, composition, powers and functions of the Export Development Council (EDC) could be amended by EO No. 225 issued on April 3, 2000 entitled "Renaming the Export Development Council as the Trade and Industry Development Council", and not by way of a legislative enactment. 20 Jul 2000
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62 Opinion on the case of Mrs. Charito Rosario L. Beltran an employee of the Bureau of Immigration. 21 Jul 2000
63 Opinion on whether or not the MARINA may increase the supervision fee collected from vessel operators. 21 Jul 2000
61 Opinion relating to the alleged "cut" made by Congress in the internal Revenue Allotment (IRA) share of Local Government Units (LGUs) in the Appropriations Bill (GAB) for FY 2000 (HB No. 8374). 24 Jul 2000
65 Reconsideration of the Department of Justice Opinion No. 22, s. 2000 relative to the Information Technology Projects of the Bureau of Immigration wherein it was stated that " [I]n the light of the foregoing, and in order to obviate any legal complications that may arise therefrom, we recommend that a rebidding for the supply, installation and integration of the dowment readers for machine-readable passports be made. 02 Aug 2000
64 Query as to whether or not the Land Transportation Office (LTO), thru its Commissioner and /or his deputies is authorized by law to issue Mission Orders (MO) and permits to carry firearms (outside the MO/ permit holder's residence or office) to its organize and deputized non-organic personnel. 03 Aug 2000
66 Opinion on the following issues: 1. Does the express repeat of Sec. 8 (8) of RA3591 (power of the PDIC to conduct bank examinations) carry with it the implied repeal of the other provisions involving bank examinations? 2. With the express repeal of Section 8 (8) of RA 3951, can Sec. 8 (6) of the same statute be the legal basis for the Corporation to require banks? 09 Aug 2000
67 Opinion on whether the Memorandum of Understanding (MOU) being proposed between the National Food Authority (NFA) and the Vietnam Southern Food Corporation, the Ministry of Commerce and Thailand, and the China National Cereals, Oils and Foodstuff Import and Export Corporation of the People's Republic of China are subject to the requirements and provisions of EO 459, s. 1997 (Providing for the Guidelines in the Negotiation of International Agreements and Its Ratification). 10 Aug 2000
68 Opinion on whether ATO (Air Transportation Office) can implement the provisions of PD No. 1570, otherwise known as the Philippine Aeronautical Engineering Engineering Decree. 10 Aug 2000
69 Opinion on whether or not a pyramiding schemes as carried out by two (2) cooperatives registered with the Cooperative Development Authority-Dagupan Extension Office, is violative of RA 7394, otherwise known as the Act of the Philippines. 14 Aug 2000
70 Legal opinion on the ownership over the area being occupied by the Bureau of Customs within the port zone of the Philippine Ports Authority-Dumaguete City, consisting of 1,705 square meters. 17 Aug 2000
71 Opinion on the issue of whether fines and penalties are part of administrative fees and charges. 18 Aug 2000
72 Opinion on whether a foreign citizen or a foreigner licensed to practice medicine or any regulated profession may be allowed to continue to practice his profession in the Philippines even after the ratification of the 1987 Constitution. 22 Aug 2000
73 Opinion regarding the Videogram Regulatory Board's authority to use its income generated from fees and charges. 24 Aug 2000
74 Opinion on the implications of the condominium Act (RA 43726) the operation of a waterworks system. 01 Sep 2000
75 Opinion on whether or not the Executive Officer has the has the plenary and ultimate power to impose disciplinary including dismissal on personal below the level of the Deputy Executive Officer beyond the power of review by the National Book Development Board Governing by the National Book Development Board Governing (Governing Board) under RA 8047 or the Book Publishing Industry Development Act. 20 Sep 2000
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76 Opinion of the following issues: 1. Will Executive Orders suffice to put joint venture agreements entered into by government owned or controlled corporations and the private sector under the the procurement guidelines of the Build-Operate-Transfer Law. 22 Sep 2000
77 Opinion on the seemingly ambiguous provision of Sec. 20, RA 8749, otherwise known as "Philippine Clean Air Act". 27 Sep 2000
78 Opinion on certain issues relating to the interpretation of the provision of Sec. 2 [c] of EO 163 (Declaring the Effectivity of the Creation of the commission on Human Rights as Provided for in the 1987 Constitution, Providing Guidelines for the Operation thereof, and for Other purposes) dated May 5, 1987. 28 Sep 2000
79 Opinion on the extent of the taxing powers of local government units (LGUs) with respect to the imposition of port changes, such as usage fee, berthing fee, wharfage fee and other fees to be charges on the use of ports and other fees or charges on the use of ports and other port facilities located within the local government units concerned. 29 Sep 2000
80 Opinion on whether or not the approval by then Executive Secretary Alexander P. Aguirre of the loan transfer from the Philippine Charity Sweepstakes Office to the Lung Center of the Philippines is valid and binding. 10 Oct 2000
83 Opinion on whether the adopted alien children of permanent resident parents can be admitted as dependents under Sec. 13 [a] of the Philippine Immigration Act of 1940 (Commonwealth Act. No. 613), as amended. 10 Oct 2000
81 Opinion on the issues relating to the power of the municipal mayor to suspend the respondents in an administrative case. 16 Oct 2000
82 Opinion on the ongoing construction of commercial establishments in Rizal Park, an entity managed by the National Park Development Committee, an attached agency of the Department of Tourism (DOT). 20 Oct 2000
84 Clarification on whether the DOJ Opinion No. 48 s.2000, which ruled that the funds of the GSIS are exempt from all kinds of taxes, assessments, fees chargers and duties under Sec. 39 of RA of RA 8291, otherwise known as the GSIS Act of 1997, applies also to all its real property transactions, including its purchase from the MMDA of a parcel of land located at Ortigas Center, Pasig City and specifically covered by Transfer Certificate of Titile No. 52887. 24 Oct 2000
85 Opinion on whether or not barangay officials may procure pension plans and other insurance coverage from private insurance companies. 25 Oct 2000
86 Opinion on the issue of whether or not unmarried children under 21 years of age of foreigners participating or taking up residency in the Philippines under the retirement program of the Philippine Retirement Authority continue to be entitled to a Special Resident's Retiree's Visa (SRRV) even after reaching 21 years of age as long as their parents requisite deposit of investment subsists. 26 Oct 2000
91 Opinion on whether the provisions of EO 95 dated April 28, 1999 may be used as legal basis to reorganize the DBM, notwithstanding the provisions of Section 8 and 17 of PD 985. 26 Oct 2000
89 Reconsideration of the DOJ opinion dated June 27, 2000 relating to the proposal and inquiry of the Assistant Secretary for Public Safety, DILG, on the possibility of allowing jail inmates to exercise their right to vote in future elections without the necessity of taking them out to polling places. 31 Oct 2000
87 Confirmation of the view that the term "production equipment or machineries" covers machinery and equipment used in the storage and distribution of LPG in the light of RA 8479 the Downstream Oil Deregulation Act of 1998 and its implementing rules and regulations. 08 Nov 2000
90 Opinion regarding the use of a surname by the son of a Malaysian national, Mr. Redi Mik Bin Abdullah. 09 Nov 2000
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88 Confirmation that the National Power Corporation (NPC) can legally enter into the proposed amendments to the Energy Conversion Agreement (ECA) dated November 5,1997 between the NPC and KEPCO Iligan corporation (KEILCO). 10 Nov 2000
92 Legal opinion on certain issues concerning the Supplemental Toll Operation Agreement (STOA) dated April 30, 1998, entered into by and among the Republic of the Philippines, acting through the Toll Regulatory Board (TRB), as "Grantor" the Philippine National Construction Corporation (PNCC), an acquired asset corporation of the government, as "Franchise", and the Manila North Tollways Corporation (MNTC), a joint venture corporation by and among the PNCC, First Philippine Infrastructure Development Corporation and Egis Projects of France, as "Concessionaire". 22 Nov 2000
94 Opinion on whether the Philippine Racing Commission may give a favorable endorsement to the DOLE for the appointment of a foreign national as Vice-President of a domestic corporation, which was granted a legislative franchise to operate and maintain a race track in the Philippines. 05 Dec 2000
93 Clarification or opinion on the issue whether the National Power Corporation (NPC) may introduce amendments to the Energy Conversion Agreement (ECA), which it had entered into with KEPCO Iligan Power Corporation, without necessitating a re-bidding of the project given that such changes may involve improvements in the financial viability or risk of the project from the point of view of the private sector proponent. 06 Dec 2000
95 Interpretation of the provisions of PD 1746, as amended, which created the Construction Industry Authority of the Philippines (CIA) and the different boards/agencies under it, including the Construction Manpower Development Foundation (CMDF), specifically on the possibility of the CMDF's using the surplus receipts of its collections from training fees and other income-generating activities to augment its regular budget. 08 Dec 2000
97 Opinion/confirmation on certain issues relating to the implementation of AO 85, which was issued by the DOH national program to lower the costs of imported branded drugs/medicines given the fact that "our drug prices are one of the highest in Asia." 08 Dec 2000
96 Opinion on the following queries: 1. Whether the CEZA has the authority to grant a franchise to applicants to install, operate and maintain telecommunications facilities and services within the Cagayan Special Economic Zone and Freeport pursuant to the powers and functions conferred upon it by its Charter RA 7922; and 2. Corollary to the franchising authority, whether CEZA has quasi-judicial powers specifically the power to hear and decide applications for the authority to operate telecommunications services, and to issue certificates of provisional authority to operate and Certificate of Public Convenience and Necessity (CPCN) in relation thereto. 26 Dec 2000
98 Opinion on whether or not a Regional Director whose office was issued a government vehicle can still collect transportation allowance if he/she does not use the said vehicle. 27 Dec 2000
99 Legal opinion on the queries posed by Congressman Romeo D.C.Candoza relative to the legality of Loan Agreement entered into between the City of Marikina and the Philippine Veterans Bank. 29 Dec 2000
100 Opinion on the legality of a potential joint venture Power Corporation, a private corporation organized and existing under Philippine laws. 29 Dec 2000
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