| Opinion
No. |
Title/
Subject |
1
Declined |
Whether or not the franchise
granted to the Phil. Monorail Transit System
Inc. can still be activated without violating
existing law |
2
Declined |
Meaning and scope of the
words "all lands" used in Section
98 of the charter of the City of Gen. Santos |
| 3 |
Applicability of PD No.
1957 to the Mactan, Laoag and Davao Airports |
4
Declined |
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 |
| 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 |
| 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" |
7
Declined |
Request for exemption
from the coverage of the Salary Standardization
Law by the PNB employees |
| 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 |
| 9 |
Request for opinions on
the following issues:
- 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)
- 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.
- Whether or not a joint resolution duly
enacted by Congress as law may repeal,
amend, or modify laws.
|
| 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. |
| 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 |
12
Declined |
Whether the Bureau of
Import Services should refrain from inquiring
Duty Free Phils. to secure clearance prior
to importation of duty free merchandise. |
| 13 |
Regarding which law RA
No. 6774, RA No. 6975, and RA No. 7160 should
prevail on how they may be harmonized |
| 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 |
| 15 |
Interpretative ruling
on Sec. 7 of RA No. 7796 |
| 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 |
| 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 |
| 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 |
19
Declined |
Whether condonation of
penalties on loans granted by the Technology
and Livelihood Resource Center is covered
by Sec. 36 of PD No. 1445 |
20
Declined |
Whether or not Career
Executive Service Office eligibility is required
for appointment under permanent status of
Directors in the President Commission on Good
Government |
| 21 |
Whether the National Consumer
Affairs Council could be considered under
the Dept. of Trade and Industry or under the
office of the President |
| 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 |
| 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 |
| 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. |
| 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 |
| 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 |
27
Declined |
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" |
| 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. |
| 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. |
| 30 |
Whether the MMDA can be
considered a local government unit |
31
Declined |
Confirming
the opinion of NEA Legal Department regarding
the retirement benefits of Orfelino M. Competente |
| 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 |
| 33 |
Regarding the extent of
tax-exemption privileges of the GSIS. |
34
Declined |
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. |
35
Declined |
Interpretation of Sec.
5, Paragraph 2 of Executive Order No. 248. |
| 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 |
| 37 |
Regarding the meaning
of "an attachment of an autonomous office
to a department or its equivalent" |
| 38 |
Regarding the meaning
of "an attachment of an autonomous office
to a department or its equivalent" |
| 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. |
| 40 |
Regarding the applicability
of the Expanded Value Added Tax on those sectors
mentioned under Sec. 17 of RA No. 7716. |
| 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 |
| 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. |
43
Declined |
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. |
| 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 |
| 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. |
| 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 |
47
Declined |
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. |
48
Declined |
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 |
49
Declined |
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. |
| 50 |
Regarding the tax and
duty free importation privileges of the Philippines
Amusement and Gaming Corporation. |
| 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. |
| 52 |
Whether or not Administrative
Order No. 20 (1992) of the Office of the President
supersedes this Department's Order No. 44
s. 1990 |
53
Declined |
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 |
54
Declined |
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 |
| 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 |
56
Declined |
Regarding the out-of-pocket
expenses and legal fees in connection with
the Chuidian vs. PNB case |
57
Declined |
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 |
58
Declined |
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 |
59
Declined |
Whether or not Hon. Roger
G. Mercado can still run in the coming 11th
Congressional elections |
60
Declined |
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 |
61
Declined |
Concerning the qualifications/requirements
to become a Chief of Police of the Cebu City
Police Command |
| 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 |
| 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" |
64
Declined |
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 |
| 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 |
| 66 |
Relating to the proper
interpretation of the phrase "Filipino
Investors Society" as used in RA 7459 |
| 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 |
68
Declined |
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 |
| 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 |
70
Declined |
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 |
71
Declined |
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 |
72
Declined |
Proper interpretation
of the provisions of Section 18 of RA No.
7722, otherwise known as the "higher
Education Act of 1994" |
73
Declined |
Pertaining to the procedures
followed by NICA in the conduct of administrative
proceedings against Ms. Teresita Estrera,
who was dismissed from the service |
74
Declined |
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 |
| 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 |
| 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 |
77
Declined |
Request for opinion of
the queries posed by the Chamber of Real Estate
Brokers Association, an organization of subdivision
and condominium developers |
| 78 |
Comment/opinion relative
to the privilege speech of Senator Marcelo
Fernan entitled, 'Multiple Positions in Government:
Immoral and Unconstitutional" |
| 79 |
Request for opinion on
the legal basis, impediments and implications
in imposing cash bond on Exchange Visitors
Program participants |
80
Declined |
Concerning RA No. 7471
(Philippine Overseas Shipping Development
Act) which was approved on May 5, 1992 |
81
Declined |
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 |
82
Declined |
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 |
83
Declined |
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 |
84
Declined |
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. |
85
Declined |
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. |
| 86 |
Status of certain real
properties donated to the "defunct"
Philippines Constabulary |
87
Declined |
Whether or not the Philippine
Crop Insurance Corporation can write non-life
coverages on government assets that are agriculturally
related |
88
Declined |
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 |
89
Declined |
Regarding the proposed
grant by the Social Security Commission of
additional per diems and housing allowance
to the SSS Commissioners |
90
Declined |
Concerning the nature
of a District Hospital to be established in
the Municipality of Conner, Province of Apayao
as mandated by RA No. 7850 |
91
Declined |
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. |
92
Declined |
Who between a Master Plumber
and a Sanitary Engineer has the right to practice
plumbing in buildings and similar construction. |
93
Declined |
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 |
| 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 |
| 95 |
Regarding some concerns
raised by the World Bank in connection with
RA No. 8182 (Official Development Assistance
Act of 1996) |
96
Legality |
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 |
97
Declined |
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. |
98
Declined |
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 |
| 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 |
| 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. |
| 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 |
| 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 |
| 103 |
Regarding the "total
amount of agrarian Reform Fund, as embodied
in Proclamation No. 131, EO No. 229 and RA
No. 6657" |
| 104 |
Relating to the implementation
of RA No. 7844, otherwise known as the "Export
Development Act of 1994" |
| 105 |
Whether or not resident
physicians undergoing training are entitled
to overtime allowances for working beyond
40 hours a week |
| 106 |
Regarding the applicability
of the provisions of RA No. 7656 to the Philippine
Tourism Authority |
107
Declined |
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. |
| 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 |
