OPINIONS

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ABSTRACT

DATE ISSUED

1 Whether or not the Republic of the Philippines, acting through the Department of Finance and the Bureau of Treasury, can enter into a commercial agreement to sell the option to convert its U.S. Dollar (USD) holdings to Euro (EUR) on maturity date and at a certain rate to a counter-party. 02 Jan 2001
2 The benefits of deserving national artists 02 Jan 2001
3 Whether or not the City Government of Tacloban 1. should continue amortizing the loan it incurred from the Municipal Development Fund (MDF) through its Premiumed Loans; and 2. is entitled to the MDF as administered by the Bureau of Local Government Finance. 09 Jan 2001
4 Whether the Bureau of Internal Revenue is prohibited under existing laws from implementing a plan of involving private parties or contractors in carrying out some of its activities. 15 Jan 2001
5 Proper interpretation of Article 177 of the Family Code of the Philippines (EO No. 209), specifically in the case of Aya Bagares, whether he can be legitimated by the subsequent marriage of his parents. 31 Jan 2001
6 Validation of the Supplementary Implementing Rules and Regulations ("Supplementary Rules") of RA No. 8479 (the Downstream Oil Industry Deregulation Act of 1998), which the Department of Energy (DOE) intends to issue to amend the provisions of Department Circular No. 98-03-004 relative to the requirement of initial public offering (IPO) as provided for in Section 22 of RA No. 8479. 12 Feb 2001
7 Whether or not the prohibition on reappointment of a Commissioner or Chairman of the Professional Regulation Commission (PRC) under Section 4, RA No. 8981, operates as a disqualification on the reappointment of the same Chairman/ Commissioner who was previously appointed for, and who has served a full term under the former governing law of the PRC. 12 Feb 2001
8 Whether or not Cabinet Members can engage in partisan political activity. 14 Feb 2001
10 Whether or not, pursuant to RA No. 8758 dated December 28, 1999, EO No. 323 dated December 28, 1999, validly created the Philippine Management Office and the Privatization Council. 21 Feb 2001
9 The case of Assistant Regional Director Abelardo M. Monge, Jr., DPWH, Region IV-B, whether he may be promoted to the position of Regional Director despite the pending case (G.R. No. 123207 consolidated with G.R. Nos. 123144 and 123536) before the Supreme Court. 22 Feb 2001
11 Alleged irregularities in the appointment of the incumbent Sectoral Representatives to the National Anti-Poverty Commission. 27 Feb 2001
13 Whether the deadline for the registration of teachers without examination as provided for in Section 26 of RA No. 7836, otherwise known as the "Philippine Teachers Professionalization Act of 1994" is mandatory or directory. 07 Mar 2001
14 Validity of the provision of the second paragraph of Section 13 or Resolution No. 3253-A of the COMELEC promulgated on November 20, 2000. 08 Mar 2001
12 Whether "foreign individuals and/or institutions or entities, including foreign banks, may own up to 100% of the shares of stocks of Al-Amanah Islamic Investment Bank of the Philippines covering A, B, and C shares. 09 Mar 2001
16 Whether or not Local Government Units (LGUs) have the power to guarantee loans granted to private individuals or cooperatives by a government financial institution and what are the corresponding procedures thereof. 12 Mar 2001
15 Proposal of the Air Transportation Office (ATO) to compile and publish test guide materials for ATO-administered Airmen Examinations, which will be sold to the public. 14 Mar 2001
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17 Whether or not Mr. Emiliano A. Aberin can still validly perform his duties and responsibilities as incumbent President of the Bicol University to exercise all the powers and avail of all the privileges appertaining to the said Office, after reaching the compulsory retirement age of 65 on 2/8/2001 and until 5/8/2003 when his term as fixed under Section 6 of RA No. 8292 shall expire. 15 Mar 2001
18 Whether or not the rotational scheme of appointment expounded and upheld by the Supreme Court in is applicable to the Chairman and Members of the Energy Regulatory Board, whose appointments and terms of office are governed by Section 1 of E.O. No. 172 dated May 8, 1987. 16 Mar 2001
19 Clarificatory opinion of the public utility and/or public service status under the Public Service Law of the Clark Civil Aviation Complex in Clark Field, CSEZ, Angeles, Pampanga. 27 Mar 2001
21 Whether or not a Professional Regulation Commissioner, in his capacity as Acting Chairperson, is entitled to receive the compensation and allowances of a Chairperson. 27 Mar 2001
22 Request/application, for and in behalf of the Dr. Jose P. Rizal Memorial Foundation, Inc. for the cancellation of the encumbrance and permission to sell a certain parcel of land located in Muntinlupa City and covered by TCT No. S-43882, which was donated to the Foundation by Pfizer, Inc., to augment the funds urgently needed in the proposed expansion of the Foundation's charity hospital in Dasmarinas, Cavite. 28 Mar 2001
20 Ruling on the leadership issue at the Western Luzon Agricultural College. 02 Apr 2001
25 Legal applicability/interpretation of the provisions of RA No. 776 (The Civil Aeronautics Act), as amended, particularly Section 32(5) and Section 34 thereof vis-à-vis the mandatory provision of BP Blg. 504 (An Act Authorizing the Registration and Operation of Leased Aircraft, Amending for the Purpose Sections Thirty-Two, Thirty-Five and Thirty-Six of RA No. 776. 05 Apr 2001
23 Interpretation/implementation of RA No. 6948 ("An Act Standardizing and Upgrading of Benefits for Military Veterans and their Dependents), as amended by RA No. 7696. 17 Apr 2001
24 Whether or not Hon. Antonio M. Gatuslao, who was appointed as Presidential Legislative Liaison Officer to the House of Representatives with the rank of Undersecretary, can actively participate in an electoral campaign. 20 Apr 2001
26 Regarding the following issues: 1. Whether or not the power to control and supervise local civil registry offices in the country by the Civil Registrar General has been removed by Section 479 of RA No. 7160 (Local Government Code of 1991). In connection therewith, are City/Municipal Civil Registrars no longer under the control and supervision of the Civil Registrar General; and 2. Whether or not the City/Municipal Civil Registrars can still perform their duty to administer oath. 17 May 2001
27 Whether or not the DPWH can legally implement the proposed NAIA Expressway Project under applicable Philippine laws and existing government contracts 25 May 2001
28 Whether it is in order for the Department of Finance and the government negotiating team to negotiate and execute the loan agreement upon issuance of Full Powers by the President, providing such authority in connection with the proposed US $60 million loan made available by the International Bank for Reconstruction and Development (IBRD) to finance the Metro Manila Urban Transit Integration Project of the Department of Public Works and Highways. 01 Jun 2001
29 Whether the Administrator of the Local Water Utilities Administration (LWUA), as ex-officio member or the LWUA Board 1. should be deemed as sixth (6th) member; or 2. whether he would be counted as one of the five (5) members of the LWUA Board. 03 Jul 2001
30 Whether or not interested employees of the Laguna Lake Development Authority (LLDA) may subscribe to LLDA's shares of stock as private investors. 06 Jul 2001
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31 Entitlement to the payment of backwages of co-terminus personnel and staff of the NAPOLCOM (National Police Commission). 06 Jul 2001
32 Whether or not the Secretary of the Department of Trade and Industry (DTI) is the government official designated by law, in regard to service of summons on a private entity not licensed to do business in the Philippines and without a resident agent. 06 Jul 2001
33 Whether or not the Zamboanga City Special Economic Zone Authority (ZCSEZA) may validly issue a Special ZAMBOECOZONE Retiree's Visa to a foreign national. 06 Jul 2001
34 Whether the powers granted to the MIAA Board of Directors by its charter include the following: 1. Authority to approve and implement a revised organizational structure and staffing pattern without the approval of the DBM/Office of the President/ Congress 09 Jul 2001
35 Validity of Ordinance No. 6, series of 1999 passed by the Sangguniang Panlalawigan of Capiz, declaring a 15-year moratorium on all large-scale mining activities and the processing of application for mining. 12 Jul 2001
36 Whether or not the National Police Commission (NAPOLCOM) could grant to its Regional Directors the exercise of summary dismissal powers as set forth in Sections 42, RA No. 6975, as amended, in their respective regions. 17 Jul 2001
37 Whether the Memorandum of Agreement (MOA) between the Bureau of Customs (BoC) and the Philippine Chamber of Commerce and Industry (PCCI) can be extended under existing laws. 17 Jul 2001
38 Inquiry of the Embassy of Iraq on "whether Philippine laws on inheritance can be applied to Iraqi citizens married to Filipinos under the principle of reciprocity". 17 Jul 2001
39 Whether the HEDF (Higher Education Development Fund) is an independent Trust Fund, which seems to be implied by RA No. 7722 (The Higher Education Act of 1994) or a Special Account, as presently interpreted by the Department of Budget and Management. 23 Jul 2001
40 Legality of the 1% management fee imposed by the Philippine Retirement Authority (PRA) on the retirees' investment deposits with accredited banks. 25 Jul 2001
41 "Legal status" of the 1971 Technical Cooperation Agreement between the Republic of the Philippines and the Federal Republic of Germany, specifically pertaining to tax exemptions and other privileges. 25 Jul 2001
42 Confirmation that RA No. 6848, the Charter of Al-Amanah Islamic Investment Bank of the Philippines (Islamic Bank), remains in effect if the bank is privatized, unless said law is repealed by Congress. 02 Aug 2001
43 Certain issues relative to the bidding of the IPB-80 basis to rescind the Project of the National Electrification Administration (NEA). 13 Aug 2001
44 Whether the PNOC has legal basis to rescind the (Lease) Agreement which gave Keppel Philippines Shipyard, Inc. an absolute option to purchase a leased property. 13 Aug 2001
45 Interpretation of the last sentence of the first paragraph of Subsection 72.1, Section 72 of the Securities and Regulation Code (RA No. 8799). 12 Sep 2001
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46 Whether the Bangko Sentral ng Pilipinas or the Securities and Exchange Commission (SEC) should assume jurisdiction to regulate the operation of "lending investors" (direct lending). 17 Sep 2001
47 Whether an elected barangay official may, without resigning his position as such official, be appointed as "casual employee" in a government office, and receive regular compensation for such casual employment. 17 Sep 2001
48 Proposed transfer of two government-owned properties in Intramuros, Manila to the City Government of Manila in connection with the construction of the City College of Manila. 20 Sep 2001
49 Whether DOJ Opinion No. 71, s. 1994 also covers South East Asian Ministers of Education Organization (SEAMEO-GTZ) as to entitle its officials, participants and scholars to a 9(e) visa. 20 Sep 2001
50 Further clarification on DOJ Opinion No. 92, s. 2000 regarding the Supplemental Toll Operation Agreement (STOA) dated April 30, 1998, entered into by and among the Republic of the Philippines thru the Philippine National Construction Corporation (PNCC) and the Manila North Tollways Corporation (MNTC). 21 Sep 2001
51 Whether or not an alternate can perform all the functions and authority vested in a regular Council member who is unable to attend Council meeting. 21 Sep 2001
52 President Gloria Macapagal-Arroyo's "legal intention" in signing Executive Order No. 259, s. 2000, entitled "Activating the Central Management Information Office in the Department of Finance and Integrating the Appropriate Positions of the Economic Intelligence and Investigation Bureau on Said Office and the Bureau of Customs and for Other Purposes". 24 Sep 2001
53 Regarding the interpretation of Section 2 of EO No. 237, s. 2000. 27 Sep 2001
54 Concerning the apparent conflict between Section 3(a) of RA No. 8502 or the "Jewelry Industry Development Act of 1998" pertaining to the importation of raw materials for jewelry manufacture, and of Section 101(g) of the Tariff and Customs Code of the Philippines, as amended, on prohibited importations. 03 Oct 2001
55 Whether DOJ Opinion No. 101, dated 11/10/99 can extend or can be made to apply to Used Tires brought into the country by a CBMW (Customs Bonded Manufacturing Warehouse), to be manufactured into recapped and be re-exported. 10 Oct 2001
56 Confirmatory advise on the automatic foreign exchange adjustment feature of the issuance of U.S. Dollar Link Pesos Notes. 12 Oct 2001
57 Issues relevant to the implementation of Section 49 of RA No. 9136 (Electric Power Industry Reform Act of 2001), in relation to Section 3, RA No. 4860. 15 Oct 2001
58 Whether the Al-Amanah Islamic Investment Bank of the Philippines (AIIBP) may incorporate a subsidiary to be invested with Islamic banking powers. 16 Oct 2001
59 Certification/confirmation that the Privatization and Management Office (PMO) has the power to disburse funds from its initial budget and the proceeds of its disposition efforts. 22 Oct 2001
60 Whether the operator/driver/conductor/registered owner of a vehicle may be prosecuted criminally in case of any violation of the Public Service Act on the terms and conditions of their franchise, if any. 22 Oct 2001
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61 Whether the Supreme Court's nullification of the DBM Corporate Compensation Circular No. 10 in the case of De Jesus et al. vs. COA et al., (G.R. No. 109023), has the same force and effect upon DBM National Compensation Circular Nos. 56 and 59, s. 1989. 23 Oct 2001
62 Validity/legality of DENR Administrative Order No. 2001-17 (Guidelines for Delineating/Delimiting Municipal Waters). 23 Oct 2001
63 Legality of purchasing the properties owned by Jordan Development Corporation and R. Lichauco & Sons (Sta. Monica Heights) in excess of the 10 meters wide subdivision road considering that the 38-meter lot was already allotted as road. 06 Nov 2001
66 Dispute problem between the Malacanang Homeowners Association, Inc. (MHAI) and Carmel Development, Inc. over ownership of the Pangarap Village in Caloocan City. 06 Nov 2001
64 Grant of Integrated Forest Management Agreements (IFMA) pursuant to DENR Administrative Order No. 99-53. 09 Nov 2001
65 Issue of ownership of Pangarap Village (Caloocan City) allegedly owned by Gregorio Ma. Araneta III but being claimed by Carmel Development, Inc. 09 Nov 2001
67 Whether LOI No. 807, s. 1979 may be amended by the President from the issuance of an Executive Order, or whether a law should be passed by Congress to extend its effectivity. 16 Nov 2001
68 Request of Lanao del Norte Governor Imelda Quibranza-Dimaporo to defer implementation of RA No. 9035 entitled "An Act Constituting the Inland, Interior and Remotely-Situated Municipalities of the Province of Lanao del Norte Into a Separate Highway Engineering District and Providing Funds Therefor, it being violative of RA No. 7160 Sec. 2 (c). 16 Nov 2001
69 Legality of Proclamation No. 366, amendment to RA No. 7999, by reducing the area reserve by the law to the Tala Leprosarium. 16 Nov 2001
70 Whether the Al-Amanah Islamic Investment Bank of the Philippines (AAIIBP) may organize wholly-owned subsidiary that shall engage in Islamic banking activities. 19 Nov 2001
71 Legal interpretation of paragraph 2, Sec. 20 of PD No. 474 (MARINA Charter) authorizing retention of collected fees, charges and fines disallowed by the Department of Budget and Management. 27 Nov 2001
72 Merger of the Small Business Guarantee and Finance Corporation (SBGFC) and the Guarantee Fund by Small and Medium Enterprises (GFSME). 13 Dec 2001
73 Validity of one of the contracts entered into by the National Computer Center (NCC), with NCR Corporation (Philippines), Inc. and One Consulting Group, Inc. (OCG) in connection with the implementation of the National Crime Information System (NCIS). 19 Dec 2001
74 The "Proposed Agreement for Non-Recurring Aircraft Maintenance Services for the F-28 NR 1250 Presidential Plane". 20 Dec 2001
75 Whether or not the Bureau of Immigration and Deportation (BID) may conclude an agreement with the Philippine International Sister-Cities Foundation, Inc. (PISCFI), a non-profit-corporation. 20 Dec 2001
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