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| 1 | On the interpretation of the pertinent provisions of the Civil Engineering Law (R.A. No. 544) and the Architects Law (R.A. No. 545), both as amended, in order to determine the realm of practice of both professions and, at the same time, avoid the alleged conflict in the enforcement of the National Building Code of the Philippines (P.D. No. 1096) and its Implementing Rules and Regulations (IRR). | 09 Jan 2004 |
| 2 | 02 Jan 2004 | |
| 3 | On whether or not the Alcatel-DOTC Contract 475734 signed on March 30, 1998 and the subsequent Alcatel-DOTC Contract Amendment No. 1 signed on November 19, 1999 are enforceable, valid and existing contracts under existing Official Development Assistance (ODA) or any other loan proceeds. | 22 Jan 2004 |
| 4 | 19 Jan 2004 | |
| 5 | On the request for clarification of Department Opinion No. 92, series of 2003, which was issued in connection with the bidding process conducted for the New Iloilo Airport Development Project (NIADP), a subject of the Exchange of Notes between the Government of the Republic of the Philippines and the Government of Japan and of the corresponding Loan Agreement NO. PH-214 dated August 31, 2000 between the Government of the Republic of the Philippines and the Japan Bank for International Cooperation (JBIC) | 23 Jan 2004 |
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6 Declined |
On the review of the two proposed contracts for imported steaming coal for the Masinloc and Sual Coal Fired Thermal Power Plants for CY 2004 under Batch 1 Contract Package | 23 Jan 2004 |
| 7 | On the Saber Development Foundation, Inc. as porterage operations | 23 Jan 2004 |
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8 Declined |
On the legal bases of the claims of R-II Builders, Inc. against the National Housing Authority (NHA) under the Smokey Mountain Development and Reclamation Project (SMDRP) | 27 Jan 2004 |
| 9 | On the revised proposal of the Metropolitan Waterworks and Sewerage System (MWSS) to undertake the construction of the 5.50 km. by-pass aqueduct (BNAQ-6) from Bulacan to Novaliches through Negotiated Procurement, as allowed under Section 53 of the Implementing Rules and Regulations of Republic Act No. 9184, instead of the original proposal of Simplified Bidding or Limited Source Bidding | 28 Jan 2004 |
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10 Declined |
On the request for confirmation of the opinion rendered by the PMO-Legal Department which held that PMO is liable to pay the realty tax on the Leyte Park Hotel Inc. (LPHI) property to the City of Tacloban on the basis of the Office of the President (OP) Decisions dated November 10, 2000 and May 21, 2001 notwithstanding the Decision/obiter dictum dated February 15, 2002 of Branch 8, Regional Trial Court (RTC) of Tacloban City which declared that it is not the owners who should pay the real property tax but the beneficial user, Unimaster Conglomerate, Inc. (UCI) | 28 Jan 2004 |
| 11 | On the request for clarification/definitive opinion on issues I connection with the official Position of the Department of Justice on House Resolution No. 1165 | 03 Feb 2004 |
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12 Declined |
On the request for reconsideration of Department Opinion No. 91, s. 2002, finding that the Supply Contract entered into by and between the Department of the Interior and Local Government (DILG) and Itochu Corporation of Japan dated August 8, 2001 involving the supply and delivery of eighty-eight (88) units of firetrucks of various configurations for the Bureau of Fire Protection (BFP), is not exempt from the requirement of public bidding under Section 2 of Executive Order No. 109 | 11 Feb 2004 |
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13 Declined |
09 Feb 2004 | |
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14 Declined |
On the proper basis on which lands to be acquired by your office for road right-of-way should be categorized in order to determine their corresponding BIR Zonal Valuation | 09 Feb 2004 |
| 15 | On whether negotiated procurement as an alternative mode of procurement can be utilized for Dingle Diesel Power Project II and Lease/Rental of Generator Sets for the critical areas in the Visayas | 12 Feb 2004 |
| 16 | 26 Jan 2004 | |
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17 Declined |
On the propriety of the cancellation made by the National Economic Development Authority (NEDA) Board of the acquisition of five units of 30-meter patrol vessels for calendar year 2004 which is part of the fourteen units of fisheries management patrol vessels to be acquired by the Bureau of Fisheries and Aquatic Resources (BFAR) from the Kingdom of Spain under the Spanish Mixed Credit Financing Scheme | 12 Jan 2004 |
| 18 | 23 Feb 2004 | |
| 19 | 23 Feb 2004 | |
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20 Declined |
19 Feb 2004 | |
| 21 | On the Draft Reply to the Views of the United Nations Human Rights Committee in the case of Carpo v. The Philippines | 27 Feb 2004 |
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22 Declined |
On whether the mode of procurement under Section 35.1.2 of the Implementing Rules and Regulations of Executive Order No. 40, series of 2001, can be utilized with respect to the supposed undertaking with SR Telecom Inc. of Canada for the Rural Communications and Information Project of the Department of Transportation and Communication-Autonomous Region of Muslim Mindanao amounting to US ,657,808.00 | 22 Feb 2004 |
| 23 | On whether or not the Department of Agrarian Reform Adjudication Board has jurisdiction to order the reconstitution of lost/destroyed titles involving registered Emancipation Patents and Certificates of Land Ownership Award | 27 Feb 2004 |
| 24 | On whether or not the General Manager of the Manila International Airport Authority (MIAA) can engage in partisan political activity | 03 Mar 2004 |
| 25 | On the request for confirmation that the obligations assumed by the Republic of the Philippines under its Performance Undertaking (PU), in connection with the 200 MW Mindanao Coal-Fired Power Plant Project of the National Power Corporation, are under the laws of the Philippines, legal, valid and binding obligations enforceable against it in accordance with the terms thereof | 08 Mar 2004 |
| 26 | 10 Mar 2004 | |
| 27 | 15 Mar 2004 | |
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28 Declined |
On whether it is legally permissible for the Occupational Safety and Health Center (OSCH) to use its income generated from charging of fees on technical services, training and medical examination and from the use of its facilities for the purchase of equipment, maintenance and procurement of equipment and facilities as approved by the Governing Board or whether the income earned from such undertaking should be remitted to the National Treasury since it source of funding is not the General Appropriations Act but the State Insurance Fund of the Government Service Insurance System (GSIS) and the Social Security System (SSS) | 17 Mar 2004 |
| 29 | 17 Mar 2004 | |
| 30 | On the request of the Department of Transportation and Communications regarding the authority of the Toll Regulatory Board to enter into Service Facility and Utility Agreements, involving Gas Stations, Pipelines and Cables along and inside the Expressway | 17 Mar 2004 |
| 31 | Not for Circulation | 17 Mar 2004 |
| 32 | On whether the issuance of the proposed executive order removing the duty on corn and reducing the tariff on pork on specific volumes has the effect of increasing the minimum access volumes of the said products, in violation of R.A. No. 8178 or any other law, and on whether the National Food Authority (NFA) is mandated under its Charter to undertake importation of corn and pork | 25 Mar 2004 |
| 33 | On whether or not the act of distributing PhilHealth Insurance cards would fall within the scope of prohibition on civil servants from engaging in partisan political activities | 25 Mar 2004 |
| 34 | On the proposed Conditional Interest Rate Swap (CIRS) arrangement between the National Power Corporation (NPC) and Barclays Bank PLC (Barclays) | 25 Mar 2004 |
| 35 | 01 Apr 2004 | |
| 36 | On the legality of the closure of a portion of Rizal Avenue in Manila from Recto Avenue up to Carriedo Street to vehicular traffic and appropriating it for purely pedestrian use by the City Government of Manila | 01 Apr 2004 |
| 37 | On the qualifications of the members of the Bids and Awards Committee as provided in R.A. No. 9184 and its Implementing Rules and Regulations | 01 Apr 2004 |
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38 Declined |
14 Apr 2004 | |
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39 Declined |
On the request for clarification of Department Opinion No. 81, series of 2003, issued by then Secretary Simeon A. Datumanong, in connection with the Department of Transportation and Communications (DOTC) on-going discussions with Digital Telecommunications Philippines, Inc. (DIGITEL) on its proposed buy-out or acceleration of payments for the telecommunications facilities covered by Financial Lease Agreements (FLAs) and Facilities Management Agreements (FMAs) between DIGITEL and the DOTC | 21 Apr 2004 |
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40 Declined |
19 Apr 2004 | |
| 41 | On the authority of the Republic of the Philippines to issue a guarantee to certain payment obligations of the NAPOCOR under a proposed cross-currency swap with UBS AG | 22 Apr 2004 |
| 42 | On the request for clarification, in behalf of the Assistant Vice Presidents (AVPs) of the PhilHealth Regional Offices (PROs), on whether the act of distributing PhilHealth Insurance ID cards in the presence of President Gloria Macapagal-Arroyo, during the election campaign period, within their respective areas of jurisdiction would fall within the scope of the prohibition on civil servants from engaging in partisan political activities | 28 Apr 2004 |
| 43 | On the request for confirmation by the DOJ of Opinion NO. 047 dated March 18, 2004 rendered by the Office of the Government Corporate Counsel (OGCC) on the legality, validity, and enforceability of the Amended and Restated Settlement Agreement among the Light Rail Transit Authority, Manila Bay Area Rapid Transit Corporation, and SNC-Lavalin International Inc. dated February 11, 2004 for the LRT Line 1 Extension Project | 28 Apr 2004 |
| 44 | On the authority of the Department of finance and/or the Bureau of Treasury to directly enter into financial derivatives transactions pursuant to and contemplated under the International Swaps and Derivatives Association, Inc. (ISDA) Master Agreement without being subject, as a prior statutory or regulatory condition, to the requirement to obtain specific Presidential approval in the form of a Full Powers Authority or a Special Authority for each transaction | 05 May 2004 |
| 45 | On whether the records custodians of the Philippine telecommunications entities should comply with the subpoenas duces tecum issued by the United States District Court of Hawaii, requiring such records custodians to appear and bring with them documents and records, in connection with the Grand Jury proceedings in Honolulu, Hawaii, initiated by the US Department of Justice for alleged violations of the US Anti-Trust Laws | 05 May 2004 |
| 46 | On whether the first appointment of Commissioner Hadja Roqaiya VR. Maglangit of CHED, dated August 22, 1999, to serve the unexpired portion of the term of then Commissioner Esther A. Garcia, which expired on August 23, 2000, may be considered as one full term for purposes of computing the term limit for the position | 07 May 2004 |
| 47 | 07 May 2004 | |
| 48 | On whether Commissioner Carlos R. Alindada, a member of the Energy Regulatory Commission is not violating any law, rules or regulations for being at the same time a member of the Permanent Rehabilitation Receiver of the Philippine Airlines | 14 May 2004 |
| 49 | On whether or not international airfreight forwarders are subject to the % citizenship requirement imposed by the 1987 Constitution for the operation of a public utility | 25 May 2004 |
| 50 | On the request for opinion with the Implementing Agreement dated November 21, 2003 entered into by and among the Power Sector Assets and Liabilities Management Corporation (PSALM), National Power Corporation (NPC) and San Roque power Corporation (SRPC) for the San Roque Multi-Purpose Hydroelectric Power Project | 28 May 2004 |
| 51 | On the queries stated related to the determination of the successor to the recently vacated position of Executive Director of the Commission on Higher Education (CHED) | 28 May 2004 |
| 52 | 01 Jun 2004 | |
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53 Declined |
04 Jun 2004 | |
| 54 | On whether the assessment fees that the Philippine Deposit Insurance Corporation (PDIC) levies on its member banks, in accordance with Section 6 (a) of Republic Act (RA) No. 3591, as amended, are subject to value-added tax (VAT) | 14 Jun 2004 |
| 55 | 14 Jun 2004 | |
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56 Declined |
15 Jun 2004 | |
| 57 | On whether the Department of Finance may validly agree to, and subsequently execute, the revised guaranty agreement, including the language of Clause 2.1 | 15 Jun 2004 |
| 58 | On the approval of the proposed sale by the Boy Scout of the Philippines (BSP) of its property located in JPLaurel Avenue, Barangay Lanang, Davao City | 09 Jun 2004 |
| 59 | On the proposal to waive the collection of registration fees being charged by the LRA-ROD on free patents being issued by the DENR under the CARP | 17 Jun 2004 |
| 60 | On the Financial Lease Agreement of the Bohol Telecommunications System between the DOTC and the PLDT | 17 Jun 2004 |
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61 Declined |
On whether the proposed unsolicited Build-Gradual Transfer-Operate-Manage (BGTOM) Contract of the Universal LRT Corporation and Alstom of France for the MRT Line 7 Project is consistent with the provisions of Republic Act (RA) No. 6957, as amended by RA No. 7718, and its Implementing Rules and Regulations | 21 Jun 2004 |
| 62 | 21 Jun 2004 | |
| 63 | On the approval of the proposed amendment to the Joint Memorandum Circular dated February 2, 2000 prescribing the rules and regulations governing the grant of legal assistance to members of the PNP who are charged with service-connected offenses | 17 Jun 2004 |
| 64 | On the private nature of legal easement/20-meter riverbank protection on agricultural land and their acquirability and compensability under the Comprehensive Agrarian Reform Law | 18 Jun 2004 |
| 65 | On certain issues regarding the deactivation of the Southern Philippines Development Authority (SPDA) | 28 Jun 2004 |
| 66 | On the interpretation of some provisions of Republic Act No. 9225 otherwise known as the Citizenship Retention and Reacquisition Act of 2003 | 02 Jul 2004 |
| 67 | On whether or not the Professional Regulation Commission (PRC) and the Board of Accountancy (BOA) could dispense with the requirement of publication in the Official Gazette or in newspapers of general circulation of the complete text of the rules and regulations governing the practice of accountancy in the Philippines | 02 Jul 2004 |
| 68 | On the request for opinion on the following queries: 1.) Are the Apprenticeship and Learning Programs still covered by P.D. No. 442 or have they been totally amended by R.A. No. 7769? 2.) Are the articles governing Apprenticeship/Learnership Programs under P.D. No 442 that are not discussed in the TESDA Act still enforceable? | 21 Jun 2004 |
| 69 | On the interpretation of Section 1009 of the Tariff and Customs Code (TCC) of the Philippines | 15 Jun 2004 |
| 70 | 07 Jul 2004 | |
| 71 | 09 Jul 2004 | |
| 72 | On the feasibility of amending the Tariff and Customs Code for the purpose of granting incentives to car manufacturers via tariff reduction on their imports in the amount corresponding to the value of their export of completely build-up units. | 06 Jul 2004 |
| 73 | 23 Jul 2004 | |
| 74 | On the use of Negotiated Procurement under Section 53 of Republic Act No. 9184 as an alternative method in the importation of rice | 21 Jul 2004 |
| 75 | On the request to authorize, by way of an opinion, the National Power Corporation to procure the fuel oil requirements of Malaya Thermal Plant for August to December 2004 through limited source bidding, otherwise known as selective bidding, provided under Republic Act No. 9184 or the Government Procurement Reform Act | 27 Jul 2004 |
| 76 | On the legality, validity and enforceability of the Loan Agreement as amended by the terms of the Addendum dated 19 March 2004 | 05 Aug 2004 |
| 77 | On whether Caltex Philippines Incorporated having fully ceased and shut down all its processing and refining operations, is covered by Section 22 of the Downstream Oil Industry Deregulation Act of 1998. (R.A. No. 8479) | 05 Aug 2004 |
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78 Declined |
02 Aug 2004 | |
| 79 | On whether a water district has legal authority to impose and collect ground water assessment levy/fee | 27 Aug 2004 |
| 80 | On whether the National Water Resources Board has the power to grant Certificates of Public Convenience to business entities that sell bulk water to other entities engaged in the retail supply of water to consumers | 27 Aug 2004 |
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81 Declined |
On the request for opinion on certain issues regarding the decision of the Philippine Government either to negotiate for the extension of the special treatment for rice pursuant to paragraph 8 of Annex 5 of the Agreement on Agriculture or to maintain the Quantitative Restrictions for rice imports | 27 Aug 2004 |
| 82 | On whether or not the Professional Regulation Commission may, under the law or jurisprudence, conduct licensure examinations outside the Philippines | 27 Aug 2004 |
| 83 | On the applicability of the Armed Forces of the Philippines policies, rules and regulations governing the disciplinary actions to the Philippine Coast Guard uniformed personnel | 27 Aug 2004 |
| 84 | On the request for opinion and/or clarification as to what provision of the Revised Penal Code is applicable in the case of Mr. Eduardo S. Diego of the Bureau of Fisheries and Aquatic Resources, who was convicted for violation of Section 3 of Republic Act No. 3019, otherwise known as the Anti-graft and Corrupt Practices Act | 02 Aug 2004 |
| 85 | On the request for opinion of the Professional Regulation Commission on whether or not pre-school teachers are required to take licensure examination under the provisions of R.A. 7836, otherwise known as An Act to Strengthen the Regulation and Supervision of the Practice of Teaching in the Philippines and Prescribing a Licensure Examination for Teachers and for Other Purposes | 02 Sep 2004 |
| 86 | On the service of Police Deputy Director General Edgar Aglipay | 10 Sep 2004 |
| 87 | On the request for confirmatory opinion made pursuant to Section 4 of Executive Order No. 109-A, s. 2003 on behalf of the Board of Directors of the Power Sector Assets and Liabilities Management Corporation that the privatization through concession of the National Transmission Corporation can be done through negotiation after two failed open and competitive public biddings since it falls under the exceptions from public bidding as set forth in R.A. No. 9184 in relation to E.O. No. 109-A and Commission on Audit Circular No. 89-296 | 02 Sep 2004 |
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88 Declined |
21 Sep 2004 | |
| 89 | 27 Sep 2004 | |
| 91 | 09 Sep 2004 | |
| 92 | On the specific offer by Garsol Management Innovators, Inc. for a joint venture agreement with that Department for the development of Basa Air Base and Crow Valley Gunnery Range in Pampanga as an International Flying School and the concomitant use of Crow Valley as gunnery range | 11 Oct 2004 |
| 94 | On the clarificatory letter of Bureau of Internal Revenue Commissioner Guillermo Parayno dated August 12, 2004 relating to the alleged removal of the tax exemption privileges of the local water districts granted under Presidential Decree No. 198, as amended | 12 Oct 2004 |
| 95 | On the validity of resorting to the alternative method of Negotiated Procurement under Section 53 of the Implementing Rules and Regulations of Republic Act No. 9184 for the purchase, installation and commissioning of a refurbished 50-KW Harris Transmitter | 01 Oct 2004 |
| 96 | On the promotion of Police Director Enrique B. Galang, Jr. to the rank of Police Deputy Director General | 27 Oct 2004 |
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97 Declined |
On the proper legal remedy available to the National Food Authority in connection with the issues related to the National Food Authority in connection with the issues related to the lease contract with Lucky Smile Trucking Corporation | 02 Nov 2004 |
| 98 | On whether or not international airfreight forwarders are subject to the nationality requirement imposed by the 1987 Constitution for the operation of a public utility | 09 Nov 2004 |
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99 Declined |
On the announcement of Hon. Bayani F. Fernando of the eight film screenplays to be shown in the Metro Manila Film Festival this December 2004 | 11 Nov 2004 |
| 100 | On the opinion on the provision of the last paragraph of Section 9 of R.A. No. 7653 | 17 Nov 2004 |
| 101 | 18 Nov 2004 | |
| 102 | On whether the proposed extension of berth and berthing facilities at the Batangas Port Development Project, Phase 2 (BPDP2), Package I, (Civil and Marine Works) may be exempted from the requirement of public bidding under Section 3 of E. O. NO. 109-A | 11 Nov 2004 |
| 103 | 08 Dec 2004 | |
| 105 | On the effect that the petroleum service contract system under Presidential Decree No. 87, as amended, has remained valid under the 1987 Constitution | 02 Dec 2004 |
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