| Opinion
No. |
Title/
Subject |
1
Declined |
Whether or not Associate
Commissioner Armando C. Pascual may hold over
as member for the Professional Regulations
Commission |
| 2 |
Legality and constitutionality
of Muslim Mindanao Autonomy Act. 27, which
was approved by the ARRM Regional Legislative
Assembly and signed into law by ARRM Governor
on Sept. 9, 1994 |
| 3 |
Whether or not the quantity/insurance
obligations contracted . . . or incurred by
the HIGC under its Charter . . . carry the
unqualified guarantee of the Republic of the
Philippines |
| 4 |
Legality of the proposed
Equipment Lease Agreement to be entered into
by and between the Phil. Charity Sweepstakes
Office and the Philippine Gaming Management
Corporation without the benefit of public
bidding under EO No. 301 (1987) and the pertinent
government accounting and auditing rules. |
| 5 |
Whether the phosphatic
fertilizers of PHILPHOS, of sold as "imports"
under the country's import liberalization
policy, would be a violation of the EPZA Law |
6
Declined |
Regarding the contract
for security services for the Butuan Regional
Museum |
| 7 |
Relative to the legal
status and/or effect of resolutions issued
on acts done by a government office or agency
prior to the transfer of its powers and functions
to another office or agency and its eventual
abolition |
| 8 |
Concerning the payment
of financial assistance to the farmers/tenants
who were displaced as a result of the construction
of the Masinloc Coal Fired Thermal Power Plant
Project of the National Power Corporation
at Bani, Masinloc, Zambales |
| 9 |
Whether or not there are
constitutional constraints in suspending,
for a limited period, the nationality requirements
of multilateral financial institutions such
as ADB, IFC, WB, UNDP, etc., in case they
invest in particular economic activities e.g.
mining and public utilities, where the permissible
maximum foreign equity under the constitution
is 40% |
| 10 |
Whether the Cooperative
Development Authority can legally exercise
quasi-judicial powers |
| 11 |
Regarding the Retirement
and Separation Benefits System |
12
Declined |
Whether the government
(office concerned) and the Commission on Audit
could legally withhold 15% of retirement benefits
of a government employee as "Trust Deposit" |
13
Declined |
Whether or not Quezon
City Councilor Franz Pumaren's participation
in the Asian Games in Hiroshima, Japan on
Oct. 2-16, 1994 as member of the Phil. Basketball
Team can be considered on official time |
| 14 |
Relative to the nationality
restrictions imposed by Section 2 and 11,
Art. XII of the Phil. Constitution for the
exploration, development and utilization of
natural resources and the operation of public
utilities will not be applicable to a 100%
foreign-owned project proponent ("X co.")
in the proposed water supply and infrastructure
project of the Metropolitan Cebu Water District,
to be implemented under the provisions of
RA No. 6957, as amended by RA No. 6957, as
amended by RA No. 7718 |
| 15 |
Relative to certain issues
concerning the Philippine Aerospace Development
Corporation |
| 16 |
Interpretative ruling
confirming that SMART is entitled to the same
tax and customs duty, exemption privilege
enjoyed by the Radio Communications of the
Philippines, Inc. in the light of the "ipso
facto" provision or most favored treatment
clause |
17
Declined |
Clarification on the interpretation
of paragraph 4, Sec. 29 of RA No. 7354 otherwise
known as the Postal Service Act of 1992 |
| 18 |
Whether Ms. Perla Mitra-Aldaba,
Chief Parole and Probation Officer can attend
or perform her duties as Chairman/Member of
the Board of Criminology, Professional Regulation
Commission, on official time allowable under
existing law |
19
Declined |
Ruling concerning payment
of business tax under Section 143(e) of the
Local Government Code of 1991 |
| 20 |
Whether bidding requirements
maybe dispensed within the implementation
of urgent infrastructure projects in a calamity-declared
area |
| 21 |
Whether the assets/properties
subject matter of the compromise agreement
between Mr. Roberto S. Benedicto and the Presidential
Commission on Good Government belong to the
Comprehensive Agrarian Reform Program under
RA No. 6657 on the Sugar Restitution Fund
pursuant to RA No. 7202 |
| 22 |
Whether Ms. Remy B. Dequina
shall automatically resign from her position
in the Dept. of Health in view of her appointment
as a member of the Board of Nursing |
| 23 |
Reconsideration of DOJ
Opinion No. 169, s. 1993, on the DOJ affirmative
stand on whether the prohibition against the
reclassification of forest lands applies to
"unclassified public forest" |
| 24 |
Legal implications of
EO No. 9 dated Aug. 7, 1992 transferring the
National Stud Farm the Phil. Racing Commission,
OP to the Dept. of Agriculture |
25
Declined |
Constitutionality and
validity of Section 42(a) of RA No. 7279 -
"Urban Development and Housing Act of
1992". |
26
Declined |
Comments/suggestions on
the National Urban Development and Housing
Framework |
| 27 |
Interpretation of certain
provision of the Public Service Act (C.A.
No. 146, as amended) pertaining to the operation
of public utilities by government entities
relative to water transportation |
| 28 |
Further clarification/opinion
on the term of office of the members of the
National Wages and Productivity Commission
and the Regional Tripartite Wages and Productivity
Boards; particularly those representing the
workers and employers sectors |
29
Declined |
Concerning certain Bangko
Sentral ng Pilipinas rules/regulations governing
cooperative banks |
| 30 |
Relative to EO No. 182
which provides for the "First Regular
Foreign Investment Act of 1991, with reference
to foreign equity limitations on private domestic
and overseas construction contracts and construction
of public utilities and the inclusion of manufacture,
repair, storage and distribution of nuclear
weapons and ordinances and biological warfare
components in List B of the RFINL |
| 31 |
Appeal of Ms. Cruzela
L. Dolalas of Parole and Probation Administration
for the grant of the Productivity Incentive
Benefit under DBM Compensation Circular No.
73, dated Dec. 27, 1994 |
| 32 |
Regarding the Korean fishing
boat named "Das Heung 21" with its
13 crew members, which was apprehended by
the Phil. Coast guard on July 5, 1994 at approximately
seven miles off Rene Point, Agno, Pangasinan |
33
Declined |
Whether PAL has automatically
ceased to be exempted from payment of motor
vehicle registration fees or taxes under Sec.
13 of PD No. 1590 upon acquisition by a private
individual of its controlling stock or upon
its conversion from a government-owned or
controlled corporation to a private one |
| 34 |
Proper interpretation
of Section 14-A of RA No. 1161, as amended,
extending maternity leave benefits to covered
female members of the Social Security System |
35
Declined |
Whether or not the enactment
of RA No. 7878, which provides for the conversion
of the sub-provinces of Kalinga and Apayao
into two district and regular provinces, was
done pursuant to existing pertinent constitutional
provisions and other leave and suffers from
no legal impediment |
| 36 |
To which body, the Laguna
Lake Development Authority or the local government
unit concerned in the region, exercises the
jurisdiction over the Laguna Lake Region regarding
the issuance of permits for fishery privileges |
37
Declined |
Regarding the corporate
status of the Phil. National Construction
Corporation |
38
Declined |
Authority of the Director,
BPTTT to retain 50% of its total income for
the purposes set in PD No. 1263 Section 3 |
| 39 |
Confidential (Not for
Circulation) |
| 40 |
Whether Manila International
Airport Authority may "formulate fare
rates of private transportation concessionaires
contracted by the airport to serve the riding
public", subject to the approval of the
Land Transportation Franchising and Regulatory
Board |
| 41 |
Whether the Liga ng mga
Barangay is a government organization or private
association |
| 42 |
Relative to a piece of
land which the Occidental Mindoro National
College intends to buy for the expansion of
its academic campus |
| 43 |
Whether the Public Estates
Authority can itself determine and impose
the toll rates to be collected from the direct
users of its toll facilities without approval
of the Toll Regulatory Board |
| 44 |
Confirmation of the PNP
Legal Services, Opinion on Provincial Ordinance
No. 90-94 of Sangguniang Panlalawigan of Ilocos
Norte, creating the Dept. of Public Safety
in Ilocos Norte, which police powers and functions
similar to PNP |
| 45 |
Concerning the franchise
of the Phil. National Construction Corporation
over the North and South Luzon Expressways |
| 46 |
Relative to the conduct
of business of the Phil. Health Insurance
Corporation |
| 47 |
Regarding NFA scheduled
bidding for security services nationwide |
| 48 |
Whether or not the Phil.
Overseas Employment Administration has jurisdiction
to hear and decede claims arising from worker-trainee
contracts processed by said office |
| 49 |
Clarification of Opinion
No. 42 s. 1993 on the status of the children
born in Vietnam of Filipino men and their
Vietnamese common-law wives |
| 50 |
Whether the provisions
of RA No. 7656 apply to the Public Estates
Authority |
| 51 |
Request for approval of
the sale by the Phil. National Red Cross of
its sale of stocks in RCS Realty Corporation
in favor of Golden Maple Realty Corporation
and the removal of the liens annotated at
the back of TCT No. 5-46252 |
| 52 |
Regarding the best forum
for Filipino Banana Plantation workers who
have suffered serious permanent personal injuries,
including, but not limited to, sterility due
to exposure to a chemical called Dibromochlopopane
commonly called DBCP |
| 53 |
Legal implications of
the use of pseudonyms or aliases by the NDF
in the course of the peace negotiations with
the Government |
| 54 |
Relative to the implementation
of RA No. 7637, as amended, otherwise known
as the Mt. Pinatubo Assistance, Resettlement
and Development Fund |
| 55 |
Whether or not the Chairman
of the Mt. Pinatubo Commission who is also
the Chairman of the Mt. Pinatubo Commission
Pre-qualifications Bids and Awards Committee
can be represented by a duly designated permanent
alternate in the meetings of the said MPC-PBAC |
| 56 |
Confidential (Not for
circulation) |
| 57 |
Whether governments funds
may be deposited in private banking institutions
and a prior approval of the Monetary Board
for such institutions to become eligible as
official depository of government funds |
| 58 |
Interpretation
of the term "Tax credit" as stipulated
in Section 4 of RA No. 7432 |
| 59 |
Interpretation of Section
16 and 18 of RA 6975 relative to the appointment
of the Commissioners of the National Police
Commission |
| 60 |
Reconsideration of DOJ
Op. No. 43 s. 1993 re-Philippine Society for
the Prevention of Cruelty to animals as a
government-owned or controlled corporation |
| 61 |
Whether Atty. Silvestre
Bello III may continue to serve as member
of the GRP Panel for talks with the CPP/NPA/NDF
without violating Section 6, Art. IX-B of
the present constitution |
| 62 |
Legality and propriety
of the "Amended Restated Casecnan Project
Agreement" to be executed by and between
the National Irrigation Administration and
CE Casecnan Water and Energy Company, Inc.,
for the financing and construction of the
Casecnan Multi-Purpose Project under a build-operate-transfer
scheme pursuant to RA No. 6957, as amended
by RA No. 7718 |
| 63 |
Whether the Metropolitan
Manila Development Authority created under
RA No. 7924 to replace Metro Manila Authority
is also considered "an agency of the
national government" |
| 64 |
Relative to barter trade
operations |
| 65 |
Regarding the disposition
of Phil. National Railways properties for
socialized housing |
66
Declined |
Whether the proposed corporate
name of "People's Credit and Finance
Corporation" under Adm. Order No. 148
dated Sept. 8, 1994, may still be registered
under SEC despite the existence of a corporation
bearing the similar name of "People's
Credit and Loan, Inc." registered on
July 2, 1992 |
| 67 |
Clarification of some
issues concerning the franchise of the Phil.
National Construction Corporation |
68
Declined |
Interpretation of Section
5(a) of Republic Act No. 6713, otherwise known
as the "Code of Conduct and Ethical Standards
for Public Officials and Employees" |
69
Declined |
Comments and/or recommendations
on the draft Summary Sector and Organizational
Reform Program to be submitted to the Asian
Development Bank |
70
Declined |
Regarding government arsenal |
| 71 |
Whether or not Lotto sales
agents of the Phil. Charity Sweepstakes Office
are required by law to secure business permits/licenses
from the municipality or city where they operate |
| 72 |
Whether or not a government
retiree with disallowances still pending with
the Commission on Audit, and/or pending cases
at the Office of the Ombudsman, may be paid
his terminal leave even without clearance
from the said offices |
73
Declined |
Relative to the Southern
Reclamation Project, a Joint Venture Agreement
dated April 25, 1995 between the Public Estates
Authority and Amari Coastal Bay Development
Corporation and Foreign Partners |
| 74 |
Regarding the election
of Gregorio Honasan to the Senate and its
effect on his alleged "criminal liabilities",
specifically "whether or not he still
needs amnesty to extinguish the liabilities
for the crimes he had committed |
| 75 |
Proper interpretation
of Section 1 of RA No. 6963, entitled "An
act granting special financial assistance
and benefits to the family or beneficiary
of any police or military personnel or fireman
killed or permanently incapacitated while
in the performance of his duty or by reason
of his office or position and for other purposes |
| 76 |
Regarding the Joint Venture
Agreement between "Public Estates Authority
and Majlis Amanah Rakyat and Renong Berhad"
dated Dec. 27, 1994, for the development of
the R-1 Expressway Extension and the C-5 Link
Expressway as toll facilities |
| 77 |
Regarding the deduction
of the excess Productivity Incentive for the
year 1992-93 from officials and employees
who were separated due to retirement, resignation
and other mode |
| 78 |
Relating to the NAIA Terminal
III, a terminal of public use and a public
utility |
| 79 |
Regarding the conduct
of fund-raising activities through the sale
of raffle tickets by associations, cooperatives
and non-government sectors specifically the
raffle sponsored by Mega Transport Builders
Corporation and Lanceta Motor Works Corporation
both of Lipa City |
| 80 |
Whether or not condominium
projects are covered by the 20% socialized
housing quota under Sec. 18 of RA No. 7279 |
81
Declined |
Request for information
on Phil. Legislation relating to the protection
of private life with regards to the treatment
of personal data on judicial, para-judicial
and police matters by the Royal Embassy of
Belgium |
82
Declined |
Concerning the compensability
of the stripes of land along riverbanks |
| 83 |
Regarding the legality
of the current practice of the Register of
Deeds of treating a subdivision plan with
nine sublots or less as simple plan and nor
a subdivision project and does not require
registration with the Housing and Land Use
Regulatory Board |
84
Declined |
Regarding the "incumbent
head" of Rizal Technological and Polytechnic
Institute who shall serve as the first President
of the Rizal Polytechnic College in view of
RA No. 7933 |
| 85 |
Whether or not the medical
and dental staff of the Phil. National Bank
are entitled to benefits provided for under
RA No. 7305 in addition to their salaries,
allowances and benefits as officers and employees
of PNB |
86
Declined |
Clarification on the provisions
of EO No. 248 dated May 29, 1995 regarding
official local and foreign travel |
87
Declined |
Whether the members of
the Board of the Cooperative Development Authority,
who do not meet the service requirement for
retirement purposes and whose term of office
had expired are entitled to any retirement
benefits from the government |
| 88 |
Not for circulation |
89
Declined |
Whether the Secretary
of Health has the authority to utilize as
site for the Department's housing project
for all its employees certain portion of the
130 hectares of the Tala Estate "awarded"
to the Dept. under Proc. No. 843, s. 1971 |
| 90 |
Request for clarification
on DOJ Opinion No. 5 s. 1995 involving a proposed
Board Resolution of the Fertilizer and Pesticide
Authority |
| 91 |
Whether the provisions
of RA No. 6657 and EO NO. 407, directing the
government financial institution to turnover
to the Dept. of Agrarian Reform foreclosed
collaterals are deemed amended by RA No. 7202 |
92
Declined |
Whether or not Atty. Jose
A. Arriola, Head, Professional Regulations
Officer in the Professional Regulations Commission,
can be deemed a presidential appointee, exempt
from recording his time of arrival in, and
departure from office by the use of bundy
clock |
| 93 |
Clarification regarding
Sec. 8 of RA No. 8042 otherwise known as the
"Migrant Workers and Overseas Filipino
Act of 1995" |
| 94 |
Interpretation of RA No.
7924 - "an act creating the Metropolitan
Manila Development Authority. Defining its
powers and functions, providing funds therefore
and for other purposes", specifically
on Sec. 9, "obtaining financial support,
grants and donations in support of its programs
and projects" |
| 95 |
Whether or not the management
of the bond sinking funds under RA No. 713
and RA No. 1000, as amended, is included in
the fiscal agency functions to be transferred
from the Bangko Sentral ng Pilipinas to the
Department of Finance |
96
Declined |
Regarding the imposition
of price ceilings on rice and sugar in all
cities and municipalities in Camarines Sur
Province |
| 97 |
Whether a government performance
undertaking may be issued for projects to
be implemented on the basis of a build-own-operate
scheme under the amended Build-Operate-Transfer
Law, and whether the "parametric formula"
would not be modified during the corporation
period |
98
Declined |
Regarding the implementation
of RA No. 8050, otherwise known as the Revised
Optometry Law |
99
Declined |
Relating to the proposed
transfer of ownership of the Export Declaration
either to the Export Development Council on
the Department of Trade and Industry |
| 100 |
Whether the proposed Memorandum
of Understanding on Defense Cooperation between
the Government of the Rep. Of the Phils. and
Government of the United Kingdom of Great
Britain and Northern Iceland is in the nature
of an executive agreement which will not require
Senate concurrence/ratification |
101
Declined |
Interpretation of the
latest paragraph of Sec. 6 of the Comprehensive
Agrarian Reform Law |
| 102 |
Concerning the joint venture
proposal of the PNCC and FPIDC to finance
the construction and operation of the Manila
Subic Expressways |
| 103 |
Regarding visa related
issues which the UN is currently confronted
until in the exercise of its functions specifically
on the Foreign Volunteer's Dependents |
| 104 |
Whether or not officials
and employees of the abolished Postal Service
Office who retired within two years from the
effectively of RA No. 7354 are entitled to
the gratuity provided for in sec. 29 of the
said Act |
105
Declined |
Propriety and legality
of the proposed Memorandum of Agreement between
the PNP and GSIS specifically on the retirement
premium contributions of the INP and PNP personnel |
| 106 |
Regarding the proposal
to create a single department to address all
land issues and disputes; and interpretative
opinion on Sec. 4 (i) of RA No. 4850, as amended
by EO No. 525 for the purpose of future endeavors
relating to reclamation in the Laguna Lake
area |
| 107 |
Whether private sector
representative in the Board of Technical Education
and Skills Development Authority constituted
under RA No. 7796 may be deemed as "public
officer' within the contemplations of RA No.
6713 and Rule 3.03 of the Code of Professionals
Responsibility |
| 108 |
Regarding the proposal
of the Phil. Sports Commission to purchase
some sports equipment and supplies on a duty-free
basis from Duty Free Phils. |
| 109 |
Whether or not RA No.
6758 has repealed Sec. 5 of PD No. 1502 specifically
on the grant of honoraria of researchers,
technical and support personnel |
110
Declined |
Whether or not there would
be any violation of RA No. 3019, RA No. 6713
or any other law or regulation concerning
public officials with respect to the act of
a government official in issuing a letter
(using an official letterhead) for distribution
to private corporations and business enterprises:
(a) enjoining or requesting these private
corporations and business enterprises to give
advertising support to a particular magazine
or publication, or in lieu of advertising
support: (b) enjoining or requesting these
private corporations and business enterprises
to render any assistance or supports to the
soliciting magazine or newspaper publication |
| 111 |
Whether the engagement
in the restaurant business of Sing Flower
Holding Co., Inc. owing company of Sing Flower
Seafood and Steamboat Restaurant is a violation
of the provisions of the Retail Trade Act
and Anti-Dummy Law |
112
Declined |
Reconsideration of DOJ
Opinion No. 34 dated March 23, 1987 which
ruled that electric corporations organized
and existing pursuant to the provisions of
PD No. 269, as amended, are not considered
government-owned or controlled corporation |
| 113 |
Whether or not foreign
nationals may engage in the realty service
practice |
114
Declined |
Whether the Metropolitan
Manila Development Authority may order the
opening of private subdivision roads to traffic |
115
Declined |
Legality of the continued
automatic renewal clause in the existing contracts
of the Department of Public Works and Highways
with the Besang Pass security Agency and Catalina
Security Agency for security services and
Laging Clean Janitorial Services for janitorial
services |
| 116 |
Interpretation of Sec.
I of RA No. 7193 specifically on Culion Sanitarium |
117
Declined |
Whether the key personnel
of the Instructional Materials Development
Center can still avail of the separation benefits
provided for under Sec. 17 of RA No. 8047
within the period of not more than three years
from its effectivity |
| 118 |
Legality of the grant
of the productivity incentive bonus to employees
of certain government-owned and controlled
corporations under RA No. 6971, otherwise
known as the Productivity Incentive Act of
1990 |
119
Declined |
Whether or not the Ahmad
E. Alonto Jr. who filed the certificate of
candidacy for Provincial Governor of Lanao
del Norte in the May 8, 1995 election but
was disqualified four days before the election,
may be reinstated to his position as University
Professor within one year after such election |
120
Declined |
Whether or not the President
can specify proclaim as disposable and alienable
the area of 107 hectares situated at Bgy.
Mayamot, Antipolo, Rizal, which is occupied
by bonafide members of the Planters and Green
Revolutionists Association Inc. for agro-residential
development |
| 121 |
Legal implications of
RA No. 8042 on the Machine Readable Passports/Visas
Project of the Dept. of Foreign Affairs |
| 122 |
Whether or not the TRB
has the authority, without need of legislation,
to extend the franchise of the existing North
and South Luzon Expressways beyond |
123
Declined |
Concerning the proper
steps the Phil. Merchant Marine Academy may
take in connection with a Deed of land in
favor of the Academy, particularly on the
validity and enforceability of the title of
the donor/assignor |
| 124 |
Regarding the membership
status of the Gov't Corporation Monitoring
and Coordinating Committee in the Investment
Coordination Committee-Technical Board |
| 125 |
Whether or not there is
a need for the Phil. Congress to ratify the
agreements and Protocols mentioned hereunder
to be signed during the meeting of the ASEAN
Heads of Government in Bangkok, Thailand on
Dec. 14-15, 1995;
- Framework Agreement on services;
- Framework Agreement on intellectual
Property Cooperation;
- Protocol to amend the Framework Agreement
on Enhancing ASEAN Economic Cooperation;
- Protocol to amend the Agreement on the
Common Effective Preferential Tariff for
the ASEAN Free Trade Area; and
- Protocol to amend the Agreement on ASEAN
Preferential Trading Arrangement
|
126
Declined |
Concerning the Shipyard
Development Fund of the PNOC Dockyard and
Engineering Corporation which is deposited
with the Phil. National Bank pursuant to PD
No. 666 |
| 127 |
Request of Phil. Rural
Reconstruction Movement Inc. for approval
of the proposed sale of its property, acquired
by donation pursuant to LOI No. 37 dated Aug.
21, 1975 from Wrigley Philippines, Inc. to
EYCO Properties, Inc. |
128
Declined |
Whether or not Phil. Tourism
Authority's travel tax collection imposed
under RA 6141 are considered corporate revenues
and thus, subject to cash dividend |
| 129 |
Concerning the effects
of amnesty specifically with respect to whether
it ipso facto results in the lifting of suspension
from duty and pay status of military personnel
who were charged with participation in past
RAM coup attempts, and also erases the administrative
liability of those granted amnesty for offenses
committed in pursuit of political beliefs |
