• Home
  • About
    • Vision, Mission, Quality Policy/Objectives, Mandate and Functions
    • Annual Procurement Plan
    • Development Plan 2017-2022
    • Development Plan 2011-2016
    • Directory
    • Agencies
    • Annual Reports
    • Citizens Charter
    • International Legal Cooperation
  • News
    • News Articles
    • Announcements
    • Photo Gallery
  • Programs
    • Child Protection Program
    • Criminal Code Committee
    • DOJ Action Center
    • Inter-Agency Council Against Trafficking
    • Justice Sector Coordinating Council
    • Justice System Infrastructure Program
    • Katarungan Village Housing Project
    • Office for Competition
    • Office of Cybercrime
    • Philippines Development Forum
    • Victims Compensation Program
    • Witness Protection, Security and Benefit Program
    • National Justice Information System
    • Administrative Order No. 35
  • Resources
    • Issuances
    • Memoranda
    • Anti-Graft Laws
    • Forms
    • Links
  • Careers
    • Publications
    • List of Appointees
    • Checklist of Requirements
  • Contact Us
 

Opinions

#

ABSTRACT

DATE ISSUED

1

Declined
  Request for opinion relative to the abolition of the Quedan and Rural Credit Guarantee Corporation (Quedancor) on behalf of the Governance Commission for Government-Owned-or-Controlled-Corporations (GCG) and the Technical Working Group.  27 Jan 2020
2

Declined
Opinion on the withholding by the Department of Budget and Management (DBM) of the relase of P245,444.00 representing the three-month requirements for the Old-Age Pension of 18,651 pensioners categorized as Philippine Constabulary (PC)/Philippine National Police PNP retirees.  06 Feb 2020
3

Declined
Whether the submission of an Ombudsman Clearance is required before the release of the terminal leave benefits or resigned, terminated or contractual government employees. 27 Jan 2020
4

Declined
Request for opinion to Republic Act (R. A.) No. 11222, or the Simulated BIrth Rectification Act, specifically relative to the following questions, to wit: 1) Can other persons who participated inthe simulation of birth be criminally prosecuted for some other violations of the Revised Penal Code? ; and 2) Can the Seretary of Social Welfare and Development  order the correction of entry of the simlated birth certificate affecting the place of birth and other entries thereof, without judicial proceedings? 13 Feb 2020
5

Declined
COnfirmatory opinion on whether the Rural-Enterprise Partnership and Inclusive Development Growth Project under the Financing Agreement between the Government of the Philippines and the International Fund for AGricultural Development (IFAD), is an executve agreement.  21 Feb 2020
6

Rendered
Whether the Philippine Government is liable or should be held liable to compensate private properties destroyed in the Marawi City Siege,a s well as the implications if such measure is passed into law.  28 Feb 2020
7

Declined
Legal opinion and assistance on the annotation of the Order and Certificate of Finality dated 8 January 2018 and 6 July 2018, respectively, issued in the case of Loreto Canlapan vs. Register of Deeds of the Province of Cavite, docketed as Civil Case No. LRC 8843 2015-39 before Branch 19, Regional Trial Court of Bacoor, Cavite for Cancellation of Lis Pendens in various Transfer Certificates of Title. 28 Feb 2020
8

Declined
Opinion on the conflicting provisions of Section 4 of Republic Act (R. A.) No. 9514, or the Fire Code of the Philippines, and Rule 2 (G) of its Implementing Rules and Regulations 11 Mar 2020
9

Rendered
Whether the acquisition, development and disposal of property through a joint venture  arrangement by the Social Security System (SSS) under Section 4 (b)(8) of the Social Security Act of 2018 may be considered as part of its ordinary course of business, which are exempted fromthe applicability of the 2013 Revised NEDA (National Economic Development Authority) Joint Venture Guidelines.  19 Feb 2020
10

Rendered
Opinion on the queries raised by the Zamboanga City Water District (ZCWD) on whether it may enter into a Joint Venture (JV) Agreement with a private entity, following the 2013 Revised NEDA (National Economic Development Authority) Joint Venture Guidelines, for the following activities, to wit: a) Specific activities which are part of the ZCWD's mandate; b) ZCWD's entire operation; c) The JV Guidelines' application to various government entitites; and d) Local water districts. 11 Mar 2020
11

Declined
Whether the Notices of Coverage (NOCs) issued on a parcel of land owned by Mr. Gabriel L. Bongco, with an area of  130.6633 hectares, more or less, located in Bago City, Negros OCcidental, placing it under compulsory coverage of the Comprehensive Agrarian Reform Program (CARP) were valid  and whether the Deparrtment of Justice (DOJ) Opinion No. 44, series of 1990, and DAR (Department of Agrarian Reform) Administrative Order No. 6, series of 1994 (Guidelines for the Issuance of Exemption Clearances Based on Sec. 3 (c) of RA 6657) apply in this case. 03 Apr 2020
12

Rendered
Whether the Philippine Science High School (PSHS) Campus that will be established in Lanao del Sur, Mindanao will be placed under the authority of the Department of Science and Technology (DOST) based on Republic Act (R. A.) No. 84961, or the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) and R.A. No. 11054, otherwise known as the "Organic Law for the Bangsamoro Autonomous Region in Muslim Mindanao." 19 Apr 2020
13

Declined
Whether the Supreme Court's decision in the case of Hon. Executive Secretary, et al. vs. Southwing Heavy Industries, et al. may apply to other Freeport Zones, such as the Poro Point Freeport Zone.  20 Apr 2020
14

Declined
Whether the Office of the Mayor, Municipality of Larena, Province of Siquijor is mandated to accede to the request ofMr. Francis Roy P. Jimenez of Teknibuild Corporation for a copy of the 2018 Masterlist of Businesses in Larena, Sijuijor which includes Trade Names, Business Owners and Gross Sales for CY 2017, pursuant to Executive Order (E.O.) No. 2, series of  2016, (Operationalizing in the Executive Branch the People's Constitutional Right to Information and the State Policies to Full Public Disclosure and Transparency in the Public Service and Providing Guidelines Therefor). 20 Apr 2020
15

Rendered
Request for opinion relative to the  Tourism Infrastructure and Enterprise Zone Authority (TIEZA), specifically on the following, to wit: 1) Can TIEZA mobilize funds for the conduct of business contingency planning at destination levels? ; 2) Can TIEZA assist private tourist enterprises? ; 3) Can TIEZA engage seasonal workers who may be laid off by enterprises to work for the upkeep of destinations? ; and 4) Can TIEZA fund the landing fees imposed by the Civil Aviation Authority of the Philippines (CAAP) on airline companies, provide subsidy for jet fuel of airline companies, or if somehow TIEZA can finance CAAP's possible waiver of landing fees and jet fuel subsidy?  19 Apr 2020
16

Rendered
Request for additional legal opinion on the use of funds of the Tourism Infrastructure and Enterprise Zone Authority (TIEZA), relative to the following activities: 1) Purchase of medical equipment and ambulance; and 2) Construction of temporary hospital/health facilities for COVID-19 patients. 21 Mar 2020
17

Rendered
Authority of local treasurers to assess, collect and audit the payment of business taxes under Republic Act (R. A.) No. 7160, otherwise known as the Local Government Code of 1991. 30 Apr 2020
18

Declined
Whether Mr. Benjamin S. Kadusale, Sr. of Negros Oriental can continue his    small-scale quarry business without the need to comply with the monthly reportorial requirements of the Bureau of Internal Revenue (BIR) and taxes payment, considering that his business may be considered as a barangay micro business enterprise (BMBE), entitled to incentives and benefits as provided under the Barangay Micro Business Enterprise Act of 2002 (Republic Act No. 9178). 24 Jun 2020
19

Rendered
Effectivity of Republic Act (R. A.) No. 11469, or the Bayanihan to Heal as      One Act, in view of the adjournment sine die of Congress on 5 June 2020 and its effects on the proper and efficient implementation of the Department of Social Welfare and Development’s (DSWD) Emergency Subsidy Program (ESP) and other programs for the recovery phase, as provided for by the Bayanihan Act.   29 Jun 2020
20

Rendered
Applicability of Republic Act (R. A.) No. 10142, otherwise known as the        Financial Rehabiitation and Insolvency Act (FRIA) Act of 2010, with respect to the abolition of Quedan and Rural Credit Guarantee Corporation (Quedancor), a government-owned-and-controlled corporation (GOCC). 29 Jun 2020
21

Declined
Installation of amusement rides and games at the Municipal Plaza of                Bayombong, Pangasinan.   16 Jun 2020
22

Declined
Applicability of Republic Act (R. A.) No.  9646 or the Real Estate Service        Act of the Philippines, to the appointment of Mr. Jerome N. Novilla as     Municipal Assessor of the Municipality of Miagao, Iloilo.   15 Jun 2020
23

Rendered
Whether the effectivity of Republic Act (R. A.) No.  11469  or the                     Bayanihan to Heal as One Act is until 5 June 2020 when Congress adjourned    sine die or until 25 June 2020 based on the Bayanihan Act’s sunset clause. 17 Jun 2020
24

Rendered
Whether local government units (LGUs) are covered by the requirement of     Republic Act (R. A.) No.  11469, otherwise known as the General Appropriations   Act of 2018, to engage the services of recognized government printers for the   printing, among others, of accountable forms, considering that the LGUs are   required under R. A. No. 7160, or the Local Government Act of 1991, to conduct       competitive bidding in the procurement of their supplies. 27 Mar 2020
24

Rendered
Request for a supplemental legal opinion on the legality of suspending, cancelling or rescheduling the Pre-Demolition Conference (PDC) and related processes during the State of National Emergency based on Administrative Order No. 30, series of 2020. 21 Sep 2020
25

Rendered
Whether local government units (LGUs) are covered by the requirement of      Republic Act (R. A.) No.  11469, otherwise known as the General Appropriations   Act of 2018, to engage the services of recognized government printers for the   printing, among others, of accountable forms, considering that the LGUs are   required under R. A. No. 7160, or the Local Government Act of 1991, to conduct       competitive bidding in the procurement of their supplies. 09 May 2020
26

Rendered
  Whether higher educational institutions (HEIs) fall within the ambit of                  Republic Act (R. A.) No.  7797, or whether the Commission on Higher Education    (CHED), as provided under R.A. No. 7722 (Higher Education Act of 1994), may  promulgate such rules and regulations and exercise such other powers and functions  as may be necessary to carry out its purpose and objectives, such as the promulgation  of rules for the opening of classes for the Academic Year 2020-2021, subject to    health conditions and protocols.   18 May 2020
27

Declined
Whether the termination or completion of probation includes the expunging     of the criminal records of the probationer, which will cause the deletion, extraction,        and cancellation of charges from the records of the Philippine National Police (PNP), National Bureau of Investigation (NBI), Prosecution Office, Court, Public Attorney’s Office (PAO) and the barangay. 20 May 2020
28

Declined
      Authority of the Philippine Statistics Authority (PSA) to provide personal         information, that is, age of person, in connection with the investigation of  trafficking in persons case involving a minor victim. 20 May 2020
29

Rendered
Interpretation of Section 13 of Republic Act (R. A.) No.  10630, establishing                   a comprehensive juvenile justice and welfare system, amending R. A. No. 9344, otherwise known as the Juvenile Justice and Welfare Act of 2006. 14 Jul 2020
30

Rendered
  Partial discharge of mortgage with respect to a portion of a lot placed under                   the Comprehensive Agrarian Reform Program (CARP). 16 Jul 2020
31

Rendered
Whether the retired Military and Uniformed Personnel (MUPs) are entitled to receive pension differentials for FY 2018, or the difference between the pension they actually received in FY 2018 and the adjusted amount due to increased base pay as per Congressional Joint Resolution No. 01, dated January 1, 2018, entitled Joint Resolution Authorizing the Increase in Base Pay of Military and Armed Personnel in the Government, and For Other Purposes. 17 Jul 2020
32

Declined
Whether Dr. Ruben S. Sta. Teresa and Dr. Gorge O. Fernandez can be held administratively liable, should they, as majority members of the Professional Regulatory Board for Criminologists of the Professional Regulation Commission refuse to sign the proposed implementing Rules and Regulations (IRR) of Republic Act (R. A.) No. 11131, or the Philippine Criminology Profession Act of 2018 which was signed into law by President Rodrigo R. Duterte on 08 November 2018. 24 Jul 2020
33

Rendered
Legality of the proposed measures seeking to grant waivers and deferment of lease/rental payment to airport concessionaires of the Civil Aviation Authority of the Philippines (CAAP) 10 Aug 2020
34

Rendered
Concerning the certain processes of the Presidential Commission for the Urban Poor (PCUP), particularly on the legality of suspending, cancelling or rescheduling the Pre-Demolition Conference (PDC) and related processes during the State of National Emergency based on existing administrative issuances and humanitarian considerations. 18 Aug 2020
35

Declined
Request for opinion on the interpretation of Section 43 (Ten-day VAWC Leave of Absence) of Republic Act (RA) No. 9262, otherwise known as the Anti-Violence Against Women and Their Children (VAWC) Act of 2004. 20 Apr 2020
36

Declined
Relative to the following: a) Steps that can be undertaken for the implementation of Annex 'B' of the  Local Budget Circular 2009-92, (Implementation of the First Tranche Monthly Salary Schedule of Local Government Personnel and the Modified Position Classification System) as well as Republic Act (RA) No. 7305 (Magna Carta for Public Health Workers),  which was slashed from the annual budget of the Banaue Municipal Government since 2015;  and b) Can the Rural Health Workers pursue legal action and what legal remedies can they undertake to have the above-mentioned benefits restored and implemented. 21 Apr 2020
37

Rendered
Relative to the following: a) Steps that can be undertaken for the implementation of Annex 'B' of the  Local Budget Circular 2009-92, (Implementation of the First Tranche Monthly Salary Schedule of Local Government Personnel and the Modified Position Classification System) as well as Republic Act (RA) No. 7305 (Magna Carta for Public Health Workers),  which was slashed from the annual budget of the Banaue Municipal Government since 2015;  and b) Can the Rural Health Workers pursue legal action and what legal remedies can they undertake to have the above-mentioned benefits restored and implemented. 07 May 2020
38

Rendered
Whether quasi-judicial actions are included in the government transactions under Republic Act (RA.) No. 11032 (Ease of Doing Business and Efficient Government Service Delivery Act of 2018) or the "EODB Act" and its Implementing Rules and Regulations (IRR). 27 May 2020
39

Rendered
Whether dentists are allowed to form a corporation in the Philippines, the primary purpose of which is to practice the profession of dentistry. 31 Aug 2020
40

Rendered
Whether the Department of Agrarian Reform (DAR) may be added as a member of the Governing Board of the National Nutrition Council (NNC) through an Executive Order (E.O.). 24 Sep 2020
41

Rendered
Request for a supplemental legal opinion on the legality of suspending, cancelling or rescheduling the Pre-Demolition Conference (PDC) and related processes during the State of National Emergency based on Administrative Order No. 30, series of 2020. 24 Sep 2020
43

Rendered
Request for a review of the legal opinion rendered by the Office of the Solicitor-General (OSG) on the legality of proposed 50-50 sharing arrangement between the National Power Corporation (NPC) and Power Sector Assets & Liabilities Management Corporation (PSALM). 07 Feb 2020
44

Rendered
Whether the revision of the formula for rate of return calculation and the         the twelve percent (12%) ceiling from the entire waterworks system falls within the jurisdiction of the National Water Resources Board (NWRB). 15 Oct 2020
45

Rendered
Opinion on issues relating to the implementation of the mandate of  the Duty   Free Philippines Corporation (DFPC) to franchise out stores that would sell duty-free and tax-free merchandise. 15 Oct 2020
46

Rendered
Opinion on the grant of Longevity Pay to the personnel of the National Intelligence Coordinating Agency (NICA). 19 Nov 2020
47

Rendered
Whether the Philippine Deposit Insurance Corporation (PDIC) is  allowed by    law to deduct any reserve from its net earnings for the purpose of calculating the dividends due the National Government (NG) for the period   2004-2015.  20 Nov 2020
49

Rendered
Whether the fines and penalties incurred by enterprises which belatedly            submitted the required report during the community quarantine period are covered by the regulatory relief provided under Republic Act (R 27 Nov 2020
50

Rendered
Opinion on the propositions from the Department of Finance (DOF), to wit:     a) That the loan may be contracted by the Government of the Republic of the  Philippines (GPH) with Australia to purchase offshore patrol vessels (OPVs)  under Presidential Decree (PD) No. 415; and b) That the GPH may borrow an  amount exceeding USD 300 million with a tenor of more than ten (10) years  from the Government of Australia (GOA) to purchase the OPVs. 16 Nov 2020
51

Rendered
Regarding the claim of the Philippine Reclamation Authority (PRA) for             compensation for properties affected by the Ninoy Aquino International Airport Expressway Phase II (NAIAX Project) carried out by the Department of Public Works and Highways (DPWH).   07 Dec 2020
back to top

Select Year

2019  2018

2017  2010

2009  2008

2007  2006

2005  2004

2003  2002

2001  2000

1999  1998

1997  1996

1995  1994

1993  1992

1991  1990

1969

We are ISO Certified

© 2018 Department of Justice. All Rights Reserved :: Sitemap :: DOJ Action Center - Email: [email protected]