Concerning the ongoing efforts of the National Economic Development Authority (NEDA) to formulate the 8th Regular Foreign Investment Negative List (FINL) **Opinion date December 18, 2008

Whether or not the 60% Filipino ownership requirement provided in the 1987 Constitution applies to Value-added Service (VAS) Providers

Scope and application of Presidential Decree (P.D.) No. 1718 (Providing for Incentives in the Pursuit of Economic Development Programs by Restricting the Use of Documents and Information Vital to the National Interest in Certain Proceedings and Processes) in relation to the grand jury subpoenas issued by the United States Department of Justice (USDOJ) requiring the Philippine Airlines (PAL) to submit data on its cargo and passenger operations

Legal opinion or position on issues surrounding lesbian, gay, bisexual or transgender (LGBT) rights

Remedy to be undertaken by the Philippine National Police (PNP) to the Joint Venture Agreement (JVA) between the Public Estates Authority (PEA), the agent of the PNP, and the Lamb Construction Consortium Corporation (LCCC) relative to the construction of PNP Medical Plaza and Commercial Complex in the Camp Panopio Property for failure to comply with the provision of Republic Act (R.A.) No. 7718 and its Implementing Rules and Regulations (IRR)

Interpretation of the terms used in the appointment letter made by President Gloria Macapagal-Arroyo in relation to the interpretation of the various Professional Regulatory Laws

Whether a third congressional district may be created out of the second district of Cebu City which has a population of 426,707 as of the latest cencus of 2007

Requirement to secure a building permit from the City Building Official for the construction of a canal cover funded by the National Government and if such construction falls under Section 28 of Republic Act (R.A.) No. 7279, or the Urban Development and Housing Act of 1992
**Opinion date November 12, 2008

Correctness of the perspective on the ambit of the powers of the Commission on Higher Education (CHED) over State Universities and Colleges (SUCs)

Concerning Opinion No. 251, series of 2007 rendered by the Office of the Government Corporate Counsel (OGCC) in relation to the authority of the Cagayan Economic Zone Authority (CEZA) to operate and/or license jai-alai

Issue of the reckoning date as to when an obligation to pay the landowner's landholding compulsorily covered under the Comprehensive Agrarian Reform Program (CARP) is already deemed an existing obligation

Cancellation of the Philippine passports of Simmy Guy, Geraldine Guy and Gladys Guy Yao, on the ground that they have lost their naturalized Filipino citizenship after acquiring Canadian citizenship

Interpretation and application of Executive Order (E.O.) No. 778, trans- forming the Council for the Welfare of Children (CWC) into an Early Childhood Care and Development Council (ECCD), with a new composition of the Board headed by a Chairperson with a Cabinet rank Secretary, and transferring the functions and staff of the CWC, which are not part of the ECCD, to the Department of Social Welfare and Development

Concerning the alleged two (2) conflicting zonal valuations issued by the Bureau of Internal Revenue (BIR) District Officer of Revenue District Office No. 44 on the expropriated properties of Mesdames Nelly S. Sarabia and Louce S. Ozoa pursuant to the provisions of BIR Department Order No. 54-97 dated may 28, 1997 and R.A. No. 8974 and its Implementing Rules and Regulations (IRR)

Request for clarification and/or reconsideration of DOJ Opinion No. 3, series of 2009, specifically on the extent of jurisdiction and authority of the Commission on Higher Education (CHED) over State Universities and Colleges (SUCs)

Queries relative to the selection process used by the Balatoc-Kalinga Tribe, the prospective Indigenous Cultural Communities/Indigenous Peoples (ICC/IP) partner of Philippine Mining Development Corporation (PMDC) for the exploration and development of the Batong Buhay Mine

Whether a foreigner married to a Filipina falls under the definition of "emotionally related" clause (as per provision under the Department of Health's Administrative Order No. 2008-0004 or the "Revised National Policy on Living Non-Related Organ Donation and Transplantation and its Implementing Structures"), such that this foreigner's wife cannot be considered as a "living non-related Filipino donor" under the current national policy banning foreigners from receiving organs from living non-related Filipino donors.

Concerning Philippine laws on bigamous marriages, specifically in relation to the subsequent divorce of a Japanese man from his first wife, a Japanese, and its bearing on his second marriage to a Filipina.

Possibility and legal implications of postponing the conduct of the May 2010 Cencus of Population and Housing, the event of which will coincide with the 2010 national elections utilizing the services of public school teachers

Whether or not a member of the House of Representatives, who has already served for three (3) consecutive terms is still eligible to run, in view of the conversion of the old legislative district that said member represents, into a Lone District Province.

Reconsideration of Department of Justice (DOJ) Opinion No. 12, series of 2009, dated March 2, 2009, in relation to the following issues, among others, to wit: 1) the Cagayan Economic Zone Authority's authority to operate or license gambling operations and set-up or operate betting for such gambling operations only within the territorial limits of the Cagayan Special Economic Zone and Freeport; and 2) Jai-alai as still an illegal activity prohibited by Congress and by express order of the President of the Republic of the Philippines

Confirmation as to the proper implementation of Republic Act No. 7656, ("An Act Requiring Government-Owned or Controlled Corporations to Declare Dividends Under Certain Conditions to the National Government, and For Other Purposes"), also known as the Government-Owned or Controlled Corporation (GOCC) Dividends Law, specifically in relation to the position of the Department of Finance that the declaration and remittance of dividends by a GOCC of more than 50% of its annual net earnings does not require the issuance of a presidential directive in order to be valid and effective

Opinion on the plan of the Commission on Elections (COMELEC) to print election Registrations Forms, which is the subject of the Public Bidding on June 17, 2009, relative to the following issues, to wit: a)Whether it falls under the category of "Election Paraphernalia," which the National Printing Office (NPO) and/or the Bangko Sentral ng Pilipinas have the exclusive right to print under Section 1 of Executive Order (EO) No. 368; and b) whether or not COMELEC has the authority to outsource printing of the same without prior referral to the NPO as required under Section 2 of EO No. 368

Relative to the draft Executive Agreement by and between the Republic of the Philippines (ROP), to be represented by the Department of Finance (DOF) and the People's Republic of China (PROC) concerning the South Rail Project, specifically in relation to the following issues, among others to wit: (a) Can the head of a Department duly represent and validly bind the ROP in the Agreement?; (b) Does the loan facility to be availed of the ROP still need prior concurrence of the Monetary Board?; and (c) Is the designation and appointment by the PROC of its state-owned China National Technical Imports & Exports Corporation (CNTIC), to the prime contractor of the Project, consistent with the existing Philippine Laws on public bidding?

Whether or not the outright extension of the contract of the Philippine Accident Managers, Inc. (PAMI) under the new Memorandum of Agreement (MOA) entered into by and between the Land Transportation Franchising and Regulatory Board (LTFRB) and PAMI and Universal Transport Solutions, Inc. (UNITRANS) is in violation of the provisions of the procurement law or any other applicable laws

Whether a person appointed in 2003 as member of the Board of Mechanical Engineering (BME) who, in 2005, was appointed as Board Chairperson, in acting capacity, is no longer eligible for reappointment to the position on the ground that he already served a total of six (6) years or two (2) full terms from 2003 to 2009

Whether the Technical Education and Skills Development Authority (TESDA) Bids and Awards Committee (BAC) could use the results of the technical evaluation as a factor to consider in determining acceptance of the first envelope (Technical Proposal) and then proceed to open the second envelope only if the first envelope is in substantial compliance with all the technical information/documents required for the procurement of goods, pursuant to Section 25.3 A of Republic Act (R.A.) 9184, otherwise known as "An Act for the Modernization, Standardization and Regulation of the Procurement Activities of the Government and for Other Purposes" and its Implementing Rules and Regulations (IRR)

Appropriateness of the Philippine Drug Enforcement Agency (PDEA) Operational Guidelines dated August 9, 2007, concerning the conduct of anti-illegal drug operations, which provide, among others, that all operating units shall submit the Coordination Form and Pre-Operation Report for approval of the PDEA prior to the conduct of anti-drug operations

Proper interpretation and application of the reservation clause by the Secretary of the Department of Education (DepEd) pursuant to Section 41 of Republic Act (R.A.) No. 9184 also known as the "Government Procurement Act," specifically pertaining to DepEd's bidding conducted for the procurement of the "fortified instant noodles"

Reconsideration of DOJ Opinion dated April 2, 2009, wherein it was held that the Philippine Ports Authority (PPA)has exclusive jurisdiction over cargo surveying companies in the ports

Whether the proposed Memorandum of Understanding (MOU) entered into by and between the Government of the Philippines and the Government of the Socialist Republic of Vietnam, concerning the release and utilization of the earmarked emergency rice reserve for the East Asia Emergency Rice Reserve (EAERR) can be considered as an executive agreement and, as such may not be subject to the rules and regulations provided for under Republic Act (R.A.) No. 9184, or the "Government Procurement Reform Act"

Clarificatory opinion relative to the position of the Philippine Coconut Authority (PCA)Administrator to sit as concurrent Vice-Chairperson to the PCA Governing Board

Whether or not the amounts covered by the promissory notes executed in connection with the assignments of non-performing loans/assets by financial institutions to Special Purpose Vehicle (SPV) are part of the consideration for said assignment under Republic Act (R.A.) No. 9182 or the "Special Purpose Vehicle Act of 2002, as amended"

Applicability of DOJ Opinion No. 17 on the term extension of Dr. Ricardo Wagan, President of Laguna State Polytechnic University (LSPU)

Whether or not there is irregularity on the Joint Venture Agreement entered into between the Bases Conversion and Development Authority (BCDA) and Megaworld Corporation specifically on the development and utilization of the National Police Commission (NAPOLCOM) Property

Opinion on (1) whether the Philippine Government through the Department of Energy (DOE), with the conformity of the Department of Finance (DOF), can sell its Banked Gas which it acquired, by way of subrogation, to another entity, the Philippine National Oil Company (PNOC), and (2) if in the affirmative, whether the DOE Secretary and the DOF Secretary may execute the Deed of Sale without any need of a new presidential directive

Authority of the Philippine National Oil Company (PNOC) to disburse funds other than for those provided in R.A. No. 9524 of the "General Appropriations Act of 2009" in line with the decision of the PNOC to purchase Banked Gas from the Department of Energy"

Exclusive jurisdiction of the National Printing Office (NPO) over printing, binding and distribution of all standard and accountable forms of national, provincial, municipal and city governments, including government corporations as embodied in Section 6 of Executive Order (E.O.) No. 285 dated July 25, 1987

Legality of Memorandum Circular (MC) No. 180, series of 2009 issued by the Office of the President and an investigation on the following: (a) the supposed irregular issuance of MC 180; and (b) the National Printing Office (NPO) and all agencies of the government which continue to allow their printing jobs to be subcontracted by the NPO, in violation of the law

Implications of the dissolution of Shariff Kabunsuan as a province within the Autonomous Region in Muslim Mindanao (ARMM) with respect to the publication of cencus and surveys of the National Statistics Office (NSO)

Reconsideration of a previous (declined) opinion regarding the proposed Asset for Debt Swap (ADS) transaction between the Republic of the Philippines acting through the Department of Finance (DOF) and the Bureau of Treasury and the Trade and Investment Development Corporation (TIDCOR)

Interpretation and application of the provisions of Sections 4 and 6 of Republic Act (R.A.) No. 8292 of the "Higher Education Modernization Act of 1997" specifically relating to the appointment, term of office and conditions for re-appointment of a state university or college President

Whether or not the Cagayan economic Zone Authority (CEZA) has the authority to license the Meridien Vista Gaming Corporation (MVGC) to operate jai-alai and other gaming activities within the Cagayan Special Economic Zone (CSEZ)

Opinion of the following queries, to wit : (a)authority of the Department of Budget and Management (DBM) to ignore or supersede the law to include in the plantilla of the National Defense College of the Philipppines (NDCP), the position of Vice-President; and (b) legal remedy that the NDCP can pursue to make the DBM comply with the mandates of P.D. No. 192 (NDCP Charter), E.O. No. 292 (revised Administrative Code of 1987) and E.O. No. 285 which grants authority to the NDCP to further develop its national security administration academic program and the institution as a whole

Confirmation on the applicability of the provisions of Batas Pambansa (B.P.) 68 or the Corporation Code of the Philippines, specifically concerning treatment of retained earnings in excess of one hundred percent (100%) of the paid-up capital stock of the Philippine National Oil Company (PNOC), for the purposes of the implementation of R.A. No. 7656, and that there are no other requirements in order for the PNOC to declare dividends out of its retained earnings

Clarification and reconsideration of Department of Justice (DOJ) Opinion dated August 13, 2009 expressing reservations on the constitutionality of the of the proposed House Bill of teh Fourteenth Congress entitled "An Act Creating the Philippine Transportation Security Authority (PTSA), Appropriating Funds threfor and For Other Purposes," dated August 19, 2009

Whether or not the Commission on Higher Education (CHED) has the authority to prescribe common accreditation standards (relative to fees, composition and training of accreditors, accreditation instruments, recognition standards and requirements for accrediting bodies as well as an accreditation regime that does away with accreditation levels) for compliance by accrediting bodies as well as higher education institutions, both public and private

Guidance on who are the qualified persons to be "a representative from the Department of Justice (DOJ)" - whether any employee or a prosecutor, as required to be present during physical inventory and photo-documentation of seized dangerous drugs, pursuant to Section 21 of R.A. No. 9165 (or the "Comprehensive Dangerous Drugs Act of 2002")

Opinion on the reckoning of the start of the maximum period of twenty (20) days to act on a procurement contract pursuant to Section 37 of R.A. No. 9184 (or the Government Procurement Act) in relation to the procurement of "fortified instant noodles" by the Department of Education (DepEd)

Whether or not a Local Government Unit (LGU), through Sanggunian, has the power to put a cap on tax increases

Whether it is legally tenable to exempt from the election ban the typhoon-related rehabilitation and reconstruction programs funded by a donor community

Authority and legal basis of the Bangko Sentral ng Pilipinas (BSP) to accept the proposed amendments to the Articles of Agreement of the International Monetary Fund (IMF) pursuant to its Charter and in accordance with the Resolution of the BSP Monetary Fund

Propriety of presenting a mere affidavit i lieu of the required certificate of legal capacity to contract marriage, the latter being an essential requirement for foreigners applying for marriage license, as provided for in Section 21 of the Family Code of the Philippines (Executive Order No. 209, series of 1987)

Whether Article 1108 of the Civil Code of the Philippines, which among others things, provides that "Prescription, both acquisitive and extinctive, does not run against the State and its subdivisions," constitutes an exemption to the prescription periods enunciated under Articles 1142 and 1144 of the same Code

Legal capacity of the University of the Philippines (UP) to enter into a contract with the Department of Public Works and Highways (DPWH) for the sale of a portion of the latter's (UP) property which the DPWH intends to expropriate in the event that the UP refuse to accept the offer

Whether or not the creation of PNP-NIMC (Philippine National Police) nature, is consistent with the provisions of R.A. No. 9165, (or the Comprehensive Dangerous Drug Act of 2002); and whether the Office of the President (OP) can, through and Executive Order, create an office, that is, the PNP-NIMC, since the Revised Administrative Code of 1987 only allows the President to reorganize his/her Office

Claim for (insurance) compensation of Mr. N.G. Pillai, an Indian national, in relation with the death of his daughter in an air crash in Bulacan in 1997 while enrolled in a local flying school

Interpretation and applicability of Sections 2(a)(2) and 31(a), Article I of Republic Act No. 7920, otherwise known as the "New Electrical Engineering Law," specifically on whether or not an agricultural engineer can sign and seal engineering designs, plans, specifications and estimates on farm electrification and whether such engineering works prepared by an agricultural engineer need to be reviewed or approved by a professional electrical engineer

Guidance on the present set-up of the Overseas Workers Welfare Services (OWWA)-administered mandatory insurance coverage for overseas Filipino workers specifically in relation to the following concerns: (a) issuance of Department Order No. 21, s. 1995 of the Department of Labor and Employment (DOLE); (b) tenability of the concept of "self-insurance" as mandated by the said Department Order, and (c) authority of OWWA to engage in insurance business and act as insurer of overseas Filipino workers

Relative to the tenure of Reynaldo A. Villar, Chairperson, Commission on Audit (COA) posited supposedly as not to be limited by appointment given, but should be fixed for the full term of seven (7) years, as provided under Section 1(2), Article IX-D of the 1987 Constitution

Whether the authority given by the Insurance Commission for the Insurance Institute for Asia and the Pacific (IIAP) to conduct a qualifying examination for insurance agents is allowed under the Insurance Code of the Philippines

whether the exchange of letters between Secretary Alberto G Romulo of the Department of Foreign Affairs (DFA) of the Republic of the Philippines and His Royal Highness Prince Mohamed Bolkiah, the Minister of Foreign Affairs and Trade of Brunei Darussalam, constitutes an international or executive agreement that would exempt the Grand Mosque construction project in Karangalan II, Cotabato City, from the requirement of public bidding under Section 4 of Republic Act No. 9184, otherwise known as the "Government Procurement Reform Act"

Whether or not the personnel who will be absorbed in the new TransCo Table of Organization are entitled to the separation benefits subject to the condition that they will start their government service anew; and whether there is a limitation or condition on the authority of the Board of Directors of TransCo on the grant of additional benefits set forth in Section 13 of R.A. No. 9511 otherwise known as "An Act Granting the National Grid Corporation of the Philippines a Franchise to Engage in the Business of Conveying or Transmitting Electricity Through High Voltage Back-Bone System of Interconnected Transmission Lines, Substations and Related Facilities, and For Other Purposes"