OPINIONS

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ABSTRACT

DATE ISSUED

5 Inquiry on who can represent the Philippine Commission on Good Government (PCGG) and/or Bataan Shipyard and Engineering Company, Inc. (BASECO), a sequestered corporation, in case the Office of the Ombudsman issues a resolution adverse to PCGG and/or BASECO and an appeal is made thereon, whereby the Ombudsman is to be represented by the Office of Solicitor-General 20 Feb 2018
11

Declined
Whether the Laguna Lake Development Authority (LLDA) can use an Order of Demolition against the fishpen operators whose fishpens are located within the Cataquiz Belt 25 Apr 2018
13

Declined
Whether the scholarship benefit, Special Financial Assistance (SF A), or medical reimbursement may be availed of by the beneficiaries of the Bureau of Fire Protection (BFP) personnel for death or injuries caused by the performance of duty or by duty or by reason of office or position, aside from those arising from fire operations; and How the phrase" line of duty" should be interpreted  05 Jun 2018
14

Declined
Applicability of the provisions of Republic Act (R. A) No. 7656 (Dividend Law) to the Tourism Infrastructure and Enterprise Zone Authority, (TIEZA) considering its request for exemption from the requisite statutory remittance of dividends as mandated by R. A No. 7656 on the grounds that grounds that: a) TIEZA cannot rely on Section 68 of the Implementing Rules and Regulations(IRR) ofR. A No. 9593 ((Tourism Act 0/2009) as no similar provision is found in R. A 9593; and the Department of Justice (DOJ) Opinion No. 106, s. 1996) relating to the Philippine Tourism Authority's (PTA) exemption with respect to travel and hotel room taxes, notwithstanding and absent any express exemption, TIEZA must still remit at least fifty percent (50%) of its annual earnings as dividends to the national government 06 Jun 2018
15 Whether under relevant Philippine laws the subsequent marriage of an  Overseas Filipino Worker (OFW) under Islamic rites is void due to the existence of a prior subsisting marriage contracted before his conversion to Islam and that his children from the Islamic marriage cannot be considered legal heirs in the absence of an acknowledgement of paternity made by him  17 May 2018
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15 Whether under relevant Philippine laws the subsequent marriage of an  Overseas Filipino Worker (OFW) under Islamic rites is void due to the existence of a prior subsisting marriage contracted before his conversion to Islam and that his children from the Islamic marriage cannot be considered legal heirs in the absence of an acknowledgement of paternity made by him  17 May 2018
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16

Declined
Proper interpretation and application of the five-year prescriptive period In the collection of real property taxes under Section 270 of Republic Act (R. A) No. 7160 (Local Government Code of 1991)   14 Jun 2018
17

Declined
Whether the Philippine Sports Commission (PSC) can grant the salaries and benefits of Mr. Edgardo Mateo, after his reinstatement as Executive Director, even as the Second Motion for Reconsideration filed by the Office of the Solicitor General (OSG) relative to his reinstatement is still pending resolution with the Supreme Court of the Philippines 18 Jun 2018
18 Whether Mr. Allan M. Almoite, a.k.a Ali Ambing, has the right to claim damages under the Human Security Act (HSA) after being arrested for allegedly possessing explosives inside his camouflage bag; was charged for violation of Presidential Decree (P. D.) 1866, as amended by Republic Act (R. A.) No. 8294 (Illegal Possession of Explosives) and whose case was ordered dismissed by the Regional Trial Court of Valenzuela City in 2008 for insufficiency of evidence (with the certificate of finality issued in 2016) 20 Jun 2018
19 Whether Chancellor of Mindanao State University (MSU)-Buug, Zamboanga Sibugay, Sultan Taha G. Tarip's right to a second term, by way of evaluation has ripened into a vested right, pursuant to, among others, the MSU-Board of Regen (BOR) Resolution No. 97, series of 2017, regarding "Creation of Search Committee for the Chancellorship of MSU-General Santos City, MSU-Naawan, Misamis Oriental and MSU- Buug, Zamboanga Sibugay," which Sultan Tarip implies that he "Shall be re-appointed by way of 'election''and not be evaluated by an Evaluation Committee as mandated by Commission on Education (CHED) Memorandum Order No. 16, series of 2009 (Rules and Regulations Governing Search for Presidents of State Universities and Colleges (SUCS) as the Search Procedures for MSU-Campus Chancellors" by way of BOR Resolution No. 92 (2016) 20 Jun 2018
20 Clarification of DOJ Opinion No. 5, series of 2017 relative to the claim that the Secretary of Health (SOH), not the Director-General of the Food and Drug Administration (FDA), has the authority to reshuffle, transfer, detail and/or re-assign directors and/or assistant directors of centers and field offices of the FDA 25 Jun 2018
21 Reconsideration of a DOJ Opinion dated September 16, 2015 (LML-L-16115-1143), to the effect that "USB flash drives are not within the scope of the registration and licensing requirements of Republic Act (R. A.) No. 9239 (Optical Media Board Act of 2003)" 02 Jul 2018
22

Declined
Whether the Foreign Account Tax Compliance Act (FATCA) requirements apply to the visa deposits of US citizens who are SRRV (Special Resident Retiree Visa) holders; and that Banco de Oro (BDO) may enforce the FATCA and pursuant thereto, close the visa deposits being maintained in the name of PRA (Philippine Retirement Authority) of US citizens who are SRRV holders, on account of their failure to comply with the said FATCA law 06 Jul 2018
23 Proper recourse that the Department of Health (DOH) would undertake, when, after the issuance of a Notice of Award to a winning bidder but prior to the issuance of Notice to Proceed, it was discovered that there were both substantive and procedural defects in the procurement process that would render the winning bidder ineligible for its failure to pass certain eligibility requirements as mandated under Republic Act (R. A.) No. 9184 or the Government Procurement and Reform Act and its Implementing Rules and Regulations (IRR) 06 Jul 2018
24

Declined
Opinion on the claim of the Philippine Sports Commission (PSC) of its right of control over Cottages 301 to 304, Guesthouse No. 2, the Barrows Hall Dormitory and the Sports Complex including the Track Oval (the Subject properties) which are part of the Teacher's Camp in Baguio City, as per Republic Act (R. A.) No. 6847 or the PSC Act 06 Jul 2018
25

Declined
Whether the phrase "may engage" as indicated in Section 5 (Rules on Negotiated Sale) under Republic Act (R. A.) No. 10752 or the Right-of Way (ROW) Act, is permissive or mandatory in character and, if permissive, what other methods the DPWH (Department of Public Works and Highways) Regional Office No. III may use in determining the price to be offered in negotiated sales; and secondly, Whether it is possible to use the zonal valuations made by the Bureau of Internal Revenue 06 Jul 2018
26

Declined
Concerning the automatic salary and pension deductions due the Public Safety Savings and Loans Association, Inc. (PSSLAI) from the Philippine National Police (PNP) personnel-members and remitting the same in full and on time, among other things, relying on Section 7 (Powers of Associations) of Republic Act (R. A.) No. 8367 (Revised Non-Stock Savings and Loan Association Act of 1997) 11 Jul 2018
27 Clarification in relation to fishing phraseology used in Sections, 86-116118-120, 122-123 of Republic Act (R. A.) No. 10654, otherwise Known as the Fisheries Code of the Philippines, as amended, which essentially peg the imposable penalty in the criminal case to the imposable fine in the administrative case which arise from the same or similar set of facts. Inquiry : a) Whether in the filing of cases, administrative proceedings must precede criminal proceedings; and b) If there is a need to await resolution of an administrative case before a criminal action may be filed in court 12 Jul 2018
28

Declined
Clarification on whether there is a specific day and time to serve a warrant of arrest with regard to the National Police Commission's (NAPOLCOM) investigation of an alleged irregularity in the execution of a warrant of arrest perpetrated by the Warrant Section of the Batasan Hills Station of the Quezon City Police District 12 Jul 2018
29

Declined
Whether Republic Act (R. A.) No. 10149, or the GOCC Governance Ad of 2011 has repealed the provisions of R. A. No. 9510 or the Credit Declined Information System Act, with respect to the issue on mandated privatization of the Credit Information Commission (CIC) 23 Jul 2018
30

Declined
Proper action the Department of Agrarian Reform (DAR) should take (Undated) regarding the award of contract between two (2) competitive bidders, Declined namely: MAN Trucks, which according to the Office of the Solicitor-General is the winning bidder; while the second one, JAC Motors, obtained a favourable ruling from the Regional Trial Court (RTC) (Undated)
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31 Whether fines and charges derived from meat inspection services could still be possible sources fro the meat inspection services could still be possible sources for the Meat Inspection Service Development Trust Fund (MISDTF) after the lapse of the five-year period as provided under Republic Act (R. A.) No. 9296 (Meat Inspection Code of the Philippines), as amended by R. A. No. 10536, in clarification of DOJ Opinion No. 55, series of 2014.        26 Jul 2018
32 Whether Section 55 of Republic Act (RA) No. 8291, or the Government Service Insurance System Act of 1997, has repealed or modified Article 179 (173) of Presidential Decree (PD) 626, as amended, or the Employees' Compensation and State Fund. 20 Aug 2018
33 Whether the Department of Social Welfare and Development (DSWD) can validly cancel a Certification Declaring a Child Legally Available for Adoption (CDCLAA) administratively absent express provision of law authorizing the same. 03 Sep 2018
34 Legal bases for the regulation on the use of motor vehicle window tints in the Philippines to be spearheaded by the Land Transportation Office (LTO). 03 Sep 2018
35 Opinion on when to consider persons as missing due to disasters brought about by natural causes, such as the victims of "Typhoon Yolanda" in this case, as dead, for the purpose of granting financial assistance to the families of victims of the said disaster. 05 Sep 2018
36 Proper interpretation of Section 16 of Republic Act (RA) No. 8371, or the Indigenous People's Rights Act of 1997 (IPRA) and its Implementing Rules and Regulations (IRR), such that the positions presented in the Position Papers of the League of Vice Governors of the Philippines (LVGP) and the Sangguniang Panlalawigan of Misamis Oriental are contrary to, and question, the existing rules, regulations and guidelines promulgated by the National Commission on Indigenous (NCIP) and the Department of the Interior and Local Government (DILG) implemneting Section 16. 05 Sep 2018
37

Declined
Clarification as to when should a Person With Disability (PWD) present or submit his identification card (ID) to the hospital in order to be entitled to the 20% PWD discount on hospitalization and if submission will be before, during or after hospitalization.  03 Sep 2018
38 Request for guidance in relation to pertinent laws on foreign ownership on freehold an dthe convertibility of leasehold into freehold to allow ownership of land in the Philippines and whether foreign individuals and foreign businesses are allowed to own land in the country. 17 Sep 2018
39 Whether tugboats and barges are required to secure a Certificate of Conveyance (CPC) in the operation of said vessels under Section 26 of Republic Act (RA) No. 9295, or the Domestic Shipping Development Act of 2004. 14 Sep 2018
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