OPINIONS

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ABSTRACT

DATE ISSUED

1 Whether or not the National Grid Corporation of the Philippines (NGCP) can exercise its statutory eminent domain powers under R.A. No. 9511 (or the "NGCP Franchise") in connection with the construction, operation and maintenance by the NGCP of certain connection assets for the benefit of GNPOWER Ltd. Co, 18 Jan 2010
2 funding requirements of the National Power Corporation (NPC) and the Transmission Corporation (TransCo) and the impact on the national government's fiscal position specifically with reference to the following issues: (a) authority of the NPC to borrow funds and/or issue new bonds for the funding requirements of the Small Power Utilities Group (SPUG); (b) authority of the national government to extend its guarantee to the TransCo's borrowing of funds and/or issuance of bonds and other evidence of indebtedness ; (c) authority of the Power Sector Assets and Liabilities Management (PSALM) Corporation to provide financial assistance to NPC and TransCo for the funding requirements; and (d)PSALM's possible legal obligation to service the advances made by the national government to the NPC 28 Jan 2010
5 Whether the National Kidney and Transplant Institute (NKTI) can proceed with the direct contracting in awarding the supply of medical equipment for the NKTI Diagnostic Center project, or whether to proceed with public bidding 01 Feb 2010
4 Whether the global medical insurance benefit granted by the Department of Foreign Affairs (DFA) to its Foreign Service Personnel is consistent with the provisions of R.A. No. 7157, otherwise known as the Foreign Service Act of 1991 and the DFA Department Order No. 19A-95, also known as the Regulations of the DFA 08 Feb 2010
8 Whether the new requirements provided in Section 23 of the University of the Philippines (UP) Charter of 2008 (R.A. No. 9500), which took effect only on May 2008, or three years after the approval of the Faculty Medical Arts Building (FMAB) Project apply retroactively to the FMAB Contract entered into by and between the UP and the Mercado General Hospital (formerly Daniel Mercado Medical Center) 09 Feb 2010
7 Whether submission of special budget is necessary in order for the Department of Natural Resources (DENR) to use the Integrated Protected Areas (IPAS) Funds generated from the implementation of the National Integrated Protected Areas System (NIPAS) Act of 1992 16 Feb 2010
10 Relative to the "Release on Further Investigation" (RFI) policy, specifically its basis and guidelines and the safeguards to ensure, whenever deems necessary, the presence of respondent in court 26 Feb 2010
11 Whether the TESDA-KABAKA (Technical Education and Skills Development Authority-Kabalikat ng Bayan sa Kaunlaran) Foundation, Inc. Memorandum of Agreement (MOA) on the use of a National Government reserved lot in Manila, for the use and benefit of the City of Manila through TESDA, is rescissible in view of the City of Manila Sanggunian Bayan's disapproval of the same 01 Mar 2010
9 Clarificatory opinion on DOJ Opinion No. 70, series of 2009 concerning the Overseas Workers Welfare Administration's (OWWA) power or authority to engage in self-insurance business and act as insurer or overseas contract workers (OCWs), as mandated by Department of Labor and Employment (DOLE) Administrative Order (AO) No. 21, series of 1995, which directs the OWWA to undertake an OFW self-insurance scheme by virtue of Presidential Decree (P.D.) No. 1694, as amended by P.D. No. 1809 02 Mar 2010
12 Eligibility of Professional Regulation Commission (PRC) Commissioner Ruth Rana Padilla to be appointed as Commissioner in permanent capacity in accordance with R.A. 8981, otherwise known as the "PRC Modernization Act of 2000" 09 Mar 2010
13 Whether or not the disposal of certain real properties of the Philippine National Red Cross (PNRC), either by sale through public bidding, or through execution of a Joint Venture Agreement in favor of disqualified bidders, is allowed by law 17 Mar 2010
14 Whether the Presyo Diskwento: Basket of Goods Project for wage Earners Program of the Regional Tripartite Wages and Productivity Board (RTWPB-XI), Davao City and the distribution of the Nestle kit bags, including the price lists to the partner-employers constitute a violation of Executive Order (E.O.) No. 51, series of 1986 or the "Milk Code of the Philippines" 22 Mar 2010
19 Whether the "I desire" letter of the President of the Philippines can be construed as an appointment/nomination in favor of Mr. Guy de Leon, an incumbent member of the Board of Directors of Philcomsat Holdings Corporation (PHC) and a nominee of the Presidential Commission on Good Government (PCGG) to the Board of Directors of the Philippine Overseas Telecommunications Corporation (POTC) 05 Apr 2010
6 Opinion regarding the claim of Basic I.T. Solutions (BITS) against the Department of Education (DepEd), Division of Batangas, Region IV-A, in the amount of Seventy Five Million (P75,000,000.00) as payment for the actual deliveries of Information Technology equipment and software packages 09 Apr 2010
16 Legal opinion on the Emission Reduction Purchase Agreement (ERPA) which was signed by the KFW, as carbon buyer and the Department of Environment and Natural Resources (DENR), as the carbon seller on December 11, 2009 12 Apr 2010
17 Whether the implementation of R.A. No. 9286 (An Act Further Amending Presidential Decree No. 198, otherwise known as "The Water Utilities Act of 1973, as Amended"), particularly on prescribing the allowances and benefits of the Board of a water district, is solely dependent on the Administrator of the Local Water Utilities Administration (LWUA) 14 Apr 2010
18 Opinion on the effect of Executive Order (E.O.) No. 758 entitled "Prescribing guidelines for the Issuance of a Special Visa to Non-Immigrant for Employment Generation, on the provision of R.A. No. 7092, otherwise known as the "Foreign Investment Act of 1991, as Amended" for the guidance of the field personnel of the Bureau of Trade Regulation and Consumer Protection 15 Apr 2010
20 Whether non-career ambassadors and the Department of Foreign Affairs (DFA) Undersecretaries who are political appointees, may continue to receive salaries, allowances and other emoluments until their successors shall have been duly appointed by the next President of the Philippines in 2010 23 Apr 2010
21 Whether the National Youth Commission (NYC) could provide financial assistance directly to youth and youth organizations, other than those developed, funded and implemented as NYC programs and projects, as per Section 9 and 10 of R.A. No. 8044, otherwise known as the "Youth in Nation Building Act of 1995" 28 Apr 2010
22 Whether the Inter-Agency Council Against Child Pornography can promulgate the Implementing Rules and Regulations (IR) of R.A. No. 9775 (or the Anti-Child Pornography Act of 2009), considering the Council's incomplete membership, or non-appointment of three (3) of its members (or representative from children's non-governmental organizations) 17 May 2010
23 Legality of establishing a police/military detachment inside a private land holding relative to the implementation of the Comprehensive Agrarian Reform and pursuant to the provisions of the joint DAR-DILG-DND Circular No. 05 dated June 10, 2002 19 May 2010
24 Request for reconsideration of DOJ Opinion No. 40, series of 2008, relative to the interpretation of Section 17 of R.A. No. 9372, or the "Human Security Act of 2007", particularly on the issue of the appropriate unit or office of the Department of Justice authorized to file the Petition for Proscription of Terrorist Organizations 24 May 2010
25 Whether the National Headquarters Building of the United Architects of the Philippines (UAP) should be considered exempt from real property taxes 28 May 2010
27 Whether there is a legal impediment to the designation or appointment of Dr. Richard C. Ramirez to the position of Isabela State University (ISU) Vice President for Finance and Administration considering that he has been charged and found guilty of grave misconduct, dishonesty and falsification of official document and was dismissed from service by the Civil Service Commission (CSC), but was later granted executive clemency by then Executive Secretary by authority of the President of the Philippines 03 Jun 2010
26 Whether the Buyer Credit Agreement between the Republic of the Philippines, as Borrower, and Fortis Bank S.A./N.V. (a Belgian commercial bank trading under the name of BNP-Paribas-Fortis), as Lender, signed on April 30, 2010, constitutes an executive agreement and what laws govern the loan agreement 09 Jun 2010
28 Extent of exemption from fees and costs of suit granted to litigants of the Public Attorney's Office (PAO), pursuant to Section 16-D provision of R.A. No. 9406 (otherwise known as "An Act Reorganizing and Strengthening the PAO ... Granting Special Allowances to PAO Officials and Lawyers, and Providing Funds Therefor) 10 Jun 2010
29 Suspension of the implementation of R.A. no. 809 (or the Sugar Act of 1952) in the Southern Negros Development Corporation (SONEDCO) milling district allegedly upon the agreement of the miller and planters therein and its implication on SONEDCO or the planters' liability under R.A. No. 6982 (or "An Act Strengthening the Social Amelioration Program in the Sugar Industry, Providing the Mechanics for its Implementation, and For Other Purposes") and R.A. 809 16 Jun 2010
30 Clarification on the issues raised by Jan de Nul N.V., a Belgian dredging and reclamation company, the Belgian Embassy and the Government Procurement Policy Board relative to DOJ Opinion No. 26, series of 2010 dated June 9, 2010, which was issued in connection with the "OND Buyer Credit Agreement between the Republic of the Philippines, acting by and through its Department of Finance, as Borrower, and Fortis Bank S.A./N.V. as Lender" signed on April 30, 2010 23 Jun 2010
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33 Legality of including Section 27 of R.A. No. 9593 (or the "Tourism Act of 2009") in a proposed Executive Order intended to be used in connection with the re-organization of the Philippine Convention and Visitors Corporation (PCVC) into the Philippine Tourism Promotions Board (PTPB), which would grant PCVC employees, who opt to leave the service, separation benefits of two (2) months salary for every year of service 05 Jul 2010
32 Request for comments and/or suggestions on the proposed Executive Order regarding "Establishing the Consultative Council on Overseas Filipinos headed by the Department of Labor and Employment" 06 Jul 2010
31 Opinion on the reckoning period for the purpose of counting the six-year term of Mr. Salaman D. Mangca as member of the Cooperative Development Authority (CDA) Board of Administrators, pursuant to Section 4 of R.A. No. 6939 ot the CDA Charter 09 Jul 2010
34 Confirmation/Clarification on whether the National Power Corporation (NPC) and Power Sector Assets and Liabilities Management Corporation (PSALM), as owner of NPC generation assets, are authorized under Presidential Proclamation No. 2022 (Declaring State of Calamity in Mindanao) to enter into agreement with a provate energy firm for the operation of the Iligan I and II Diesel Power Plant 15 Jul 2010
35 Whether the Civil Service Commission's power to allow extension of service of an official who has reached the compulsory retirement age of sixty-five (65) years extends to a Presidential Appopintee 20 Jul 2010
36 Concerning the proposed revisions to the existing Implementing Rules and regulations (IRR) of R.A. No. 9295, or the "Domestic Shipping Development Act of 2004," specifically relative to the grant of Value Added Tax (VAT) exemption to the importation of cargo handling equipment and to the local purchase of passenger and/or cargo ships, including engine and spare parts of the particular ships locally purchased 26 Jul 2010
15 Legality/enforceability of the publication of executive and administrative issuances on the websites of the issuing/proponent government entity 29 Jul 2010
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37 Confirmation that the National water Resources Board (NWRB) is empowered to regulate all kinds of waterworks system including those used for water supply and sewerage services 13 Aug 2010
38 Relative to the Supply Contract entered into by and between the Government of the Republic of the Philippines (GOP), through the Department of Environment and Natural resources (DENR) and Baggerwerken De Cloedt n Zoon N.V., a corporation duly registered in Belgium, for the environmental dredging of the Laguna Lake including the development and operation of ferry transport system and lakeshore development, otherwise known as the "Laguna Lake Rehabilitation Project" 18 Aug 2010
39 Whether a jointly obtained divorce likewise capacitates the Filipino spouse to remarry under the provisions of Article 26 of the Family Code of the Philippines (E.O. No. 209, s. 1987) 01 Sep 2010
41 Whether the responsible officers of banks and other lending/financial institutions who knowingly extend loans to taxpayers keeping multiple books of accounts may be held liable as principals for violation of Section 257(B)(5) of the National Internal Revenue Code specifically providing for Penal Liability for Making false Entries, record or Reports, or Using Falsified or False Accountable Forms 01 Sep 2010
40 Implications and propriety of Philippine Coconut Authority (PCA) Resolution No. 001-2010 recently adopted by the PCA Governing Board which claims that "the PCA is the sole and rightful agency authorized to utilize, disburse and manage the coconut levy assets, including the San Miguel Corporation (SMC) shares presently registered in the names of the fourteen (14) Coconut Industry Investment Fund (CIIF) Holding Comapanies, as well as the dividends accuring thereon" 07 Sep 2010
42 Relative to the disputes involving certain parcels of land situated within the Fort Magsaysay Military Reservation (FMMR) in the Province of Nueva Ecija and certain portion of the Province of Aurora, such reservation area having been established by virtue of Presidential Proclamation No. 237 dated December 19, 1955 21 Sep 2010
43 Whether the appointment of Atty. Eduardo V. Escueta, as Commissioner and Vice Chairman and Executive Officer of the National Police Commission (NAPOLCOM), is covered by Executive Order No. 2, issued by President Benigno Simeon C. Aquino III on July 30, 2010 27 Sep 2010
44 Whether the Civil Aviation Authority of the Philippines (CAAP) has the legal obligation to compensate certain individuals for their lands which were occupied and developed by the national government for airports and other civil aviation-related facilities 30 Sep 2010
45 Opinion on which agency, that is, the Authority of the Freeport Area of Bataan (AFAB) or the Philippine Economic Zone Authority (PEZA), should pay for the separation and retirement benefits of former Bataan Economic Zone (BEZ)employees who were retained, absorbed and employed by the AFAB when it took over the BEZ from PEZA on June 29, 2010, pursuant to R.A. No. 9728, or the "Freeport Area of Bataan Act of 2009", and its Implementing Rules and Regulations (IRR) 07 Oct 2010
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46 Whether the chief executives of Local Government Units (LGU) have the authority to summarily and unilaterally stop or suspend the operations of the Philippine Charity Sweepstakes Office's (PCSO) Small town Lottery (STL) and other similar lottery games in their territorial jurisdictions 12 Oct 2010
47 Whether it is possible for the Professional Regulatory Board for Guidance and Counseling to provide for another period of two (2) years to accept applications for registration without examination of qualified counselors despite the lapse of time pursuant to Article III, Section 14 of R.A. No. 9258 or the Guidance and Counseling Act of 2004; and whether it is possible to lax the qualifications for examination on master's degree in Guidance and Counseling and to consider such as substantial compliance with the different nomenclatures being adopted by higher educational institutions 12 Oct 2010
48 Whether the Informer's Reward for providing information on violations of the tax laws amounts to ten percent (10%) of the total amount collected or One Million Pesos (P1,000,000.00), whichever is lower, as provided for under the national Internal revenue Code of 1997 (R.A. No. 8424) 18 Oct 2010
49 Reconsideration of the unnumbered opinion of the Secretary of Justice dated June 1, 2010 which passed upon the legality of the unsolicited SICPATRACE Proposal submitted by the SICPA Products Security S.A. to the Bureau of Internal Revenue (BIR) 20 Oct 2010
50 Validity of lease renewal contract executed by and between Telecommunications Office (TELOF) and Ormoc telephone Exchange Company (ORTELCO), dated July 2, 2010 and the propriety of rental payments thereon 05 Nov 2010
51 Opinion on the amount of just compensation Mesdames Nelly S. Sarabia and Louce S. Ozoa are entitled to when their property was partially taken by the Department of Public Works and Highways (DPWH) in 2001 in connection with the construction of the Metro Manila Flood Control Project-West of Manggahan 11 Nov 2010
52 Whether there is a need for a court order granting a petition for involuntary commitment and terminating parental authority before the Department of Social Welfare and Development (DSWD) can issue a certification declaring an involuntarily committed child as legally available for adoption pursuant to the provisions of R.A. No. 9523 (an Act Requiring the Certification of the DSWD to Declare a Child Legally Available for Adoption ...) and whether the Department of Justice (DOJ) can reject the use of "simulated" birth certificate to support such petition 22 Nov 2010
53 Relative to the tax exemption of the Philippine Amusement and Gaming Corporation (PAGCOR) specifically on whether the Supreme Court ruling in the Acesite case remains valid and relevant, notwithstanding the issuance of the Bureau of Internal Revenue (BIR) Regulation No. 16-2005 and whether such issuance has effectively amended or abrogated the ruling of the Court in such Acesite case and whether PAGCOR's exemption from the Value-Added Tax (VAT) including its licenses and contractees, as enunciated in the Acesite case also remains valid and relevant 22 Nov 2010
55 Whether the tariff and customs duties being administered and collected by the Bureau of Customs shall be considered and included for purposes of computing the forty percent (40%) Internal Revenue Allotment (IRA) share of the Local Government Units 22 Nov 2010
54 Concerning the interpretation of the provisions of Section 2-A of the Anti-Dummy Law, as amended (Commonwealth Act No. 108) vis-a-vis the provisions of Section 6 of R.A. No. 8556 (An Act amending R.A. No. 5980, as Amended, Otherwise Known as the Financing Company Act), which amended Section 6 of R.A. No. 5980 (An Act Regulating the Organization and Operation of Financing Companies) specifically on whether the activities of financing companies should be considered as having been taken out of the coverage of the Anti-Dummy Law, as amended, in the light of the passage of R.A. No. 8556, such that the requirement to secure an authorization from the Department of Justice (DOJ) for employment of expatriates should be dispensed with 23 Nov 2010
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