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1 | Confirmation that Commission on Audit (COA) Circular No. 89-296, dated January 27, 1987 applies to the proposed transfer of property swap between government-owned-and/or-controlled corporations (GOCCs), namely: Nayong Pilipino Foundation (NPF), Philippine Reclamation Authority (PRA), Philippine Amusement and Gaming Corporation (PAGCOR) and Manila International Airport Authority (MIAA) |
10 Jan 2013 |
2 Declined |
Relative to the procurement of sixty-eight (68) units of fire trucks (19 units of 1,500-gallon and 49 units of 1,000-gallon capacity fire trucks, power take off or PTO) by the Bureau of Fire Protection (BFP), particularly on whether the BFP Chief is the Head of the Procuring Entity (HOPE) of the subject procurement in accordance with R.A. No. 9184 (Government Procurement Reform Act) and its Revised Implementing Rules and Regulations (IRR) and Department of the Interior and Local Government (DILG) Circular No. 2010-13 |
10 Jan 2013 |
3 | Propriety and legality of the proposed Amendment Deed of Donation over two (2) parcels of land made by the Provincial Government of Negros Occidental in favor of the National Manpower and Youth Council (NMYC), now the Technical Education and Skills Development Authority (TESDA), on the basis that a portion of said donated land is allegedly owned by Carmela Valley Agricultural Corporation (CVAC) |
18 Jan 2013 |
4 | Whether the air space over a portion of Roxas Boulevard, in front or near the front of the Redemptorist Church in Baclaran, Parañaque CIty, may be utilized for the proposed Parañaque People's Plaza Project of the city government which involves the construction of an elevated multi-level mixed-use parking facility |
11 Jan 2013 |
5 | Legality of the following government proposals relative to the Crisostomo property which was claimed to have been donated to the Philippine Government by virtue of the Last Will and Testament of its late owner, Reverend Father Gregorio L. Crisostomo, to wit: a) That the agricultural portion of the Estate be distributed to farmer-beneficiaries of the Comprehensive Agrarian Reform Program (CARP); b) That the residential portion be donated to the National Housing Authority (NHA) and the proceeds shall be transmitted to the Philippine Charity Sweepstakes Office (PCSO); and c) That the residential-commercial portion be donated to the local government with the net proceeds to be used for the construction of a public maternity hospital and any surplus therefrom shall be transmitted to the PCSO |
15 Jan 2013 |
6 | Whether Section 55 of R.A. No. 8291 (The Government Service Insurance System Charter) has repealed or modified Article 173 of Presidential Decree (PD) No. 626, as amended, (Further Amending Certain Articles of P.D. No. 442, Entitled, Labor Code of the Philippines) such that "there is no double recovery of benefits for employees in the public sector who suffer work-connected disability or death" |
15 Jan 2013 |
7 | Validity of the following grounds raised by the Universal Robina Corporation-Southern Negros Development Corporation (URC-SONEDCO) for its non-compliance with Section 9 (Grant of Benefits to Sugar Laborers) of R.A. No. 809 (The Sugar Act of 1952), namely, business losses and low sugar production, among others |
17 Jan 2013 |
8 | Whether the National Telecommunications Commission (NTC) can authorize MediaScape, Inc., owner and operator of Cignal Digital TV, to use the existing fiber optic network of Philippine Long Distance Telephone Company (PLDT) in its cable operations |
22 Jan 2013 |
9 | Propriety of lending of generators by private electric companies to the government during calamities, in connection with the issuance of Presidential Proclamation No. 522, s. 2012, declaring a State of Calamity over certain provinces in Regions VII, X, XI and CARAGA in Mindanao and the Province of Palawan in Region IV-B, as a result of Typhoon "Pablo" |
28 Jan 2013 |
10 Declined |
Relative to the prohibition to use the word "Foreign" or "International," or the name of a foreign country, by private schools, pursuant to the Department of Education's (DepEd) 2010 Revised Manual of Regulations for Private Schools in Basic Education (DepEd Department Order No. 88, s. 2010) |
18 Jan 2013 |
11 | Perceived conflict between the authority of the Civil Service Commission (CSC) and the National Archives of the Philippines (NAP) over jurisdiction, management and disposal of the (201/120) personnel files of government employees |
25 Jan 2013 |
12 Declined |
Whether it is legally proper to proceed with the installation of farmer-beneficiaries on the ARCAL Estate, as per Department of Justice (DOJ) Opinion No. 94, s. 2012, notwithstanding the pendency of the case with the Court of Appeals (CA) involving the validity of the titles issued by the Department of Environment and Natural Resources (DENR) |
28 Jan 2013 |
13 | Whether the issuance of a Performance Undertaking (PU) for the MRT-7 Project in favor of the Universal LRT Corporation Limited (ULC) would constitute as direct guarantee, subsidy or equity prohibited under Section 5 (Obligation of the Department of Transportation and Communications to Secure a PU from the Department of Finance) of R.A. No. 7718 (Amended Build-Operate-Transfer Law) |
31 Jan 2013 |
14 | Whether the Office of Transportation Cooperatives (OTC) Board of Directors can fill up the seat vacated by the Katipunan ng mga Kooperatibang Pansasakyan ng Pilipinas, Inc. (KKPPI) by appointing a representative from any existing registered federation of transport cooperatives, pursuant to Section 1 (Composition of the Committee on Transportation Cooperatives) of E.O. No. 898, s. 1983, (Reorganization of the Committee on Transport Cooperatives...) as amended by E.O. No. 1030, s. 1985 (Amending Section 1 of E.O. No. 898...) |
01 Feb 2013 |
15 | Propriety of the Philippine Sports Commission (PSC) to withhold payment of the balance due D. R Robles Construction (after completing construction of a water system inside the Rizal Memorial Sports Complex), for alleged violation of the Water Code of the Philippines and for failure to secure due permit from the National Water Resources Board (NWRB) |
04 Feb 2013 |
16 | Authority of the Department of Transportation and Communications (DOTC) to procure for and on behalf of the Light Rail Transit Authority (LRTA) in light of the COA's (Commission on Audit) argument that such practice would be a violation of Section 11.1.1 and 11.2.2 of the Revised Implementing Rules and Regulations (RIRR) of R.A. No. 9184 or the Government Procurement Reform Act |
20 Feb 2013 |
17 Declined |
Authority of Marikina City to assert its power to impose upon each "Lotto" outlet the obligation to secure a Mayor's Permit and to pay the necessary fees and charges, as stipulated by the Local Government Code of 1991 |
08 Feb 2013 |
18 | Whether the provisions of the 2013 General Appropriations Act (GAA), mandating the formulation of plans, programs and projects intended for the benefit of senior citizens and the differently-abled persons, constitute lawful obligation that must be complied by the government agencies concerned |
08 Feb 2013 |
19 | Whether Professor Melchor D. Salom is qualified for the Presidency in the Campus and University level(s) of the Don Mariano Marcos Memorial State University (DMMMSU) and whether Dr. Santiago B. Abubo legally succeeded as President of DMMMSU-Faculty Association |
08 Feb 2013 |
20 | Whether the Privatization and Management Office (PMO) has the power to compromise legal cases instituted by or against it, including the authority to condone interest, penalties and other charges as an incident thereto |
12 Feb 2013 |
21 | Authority of the Philippines to revise and/or expand the membership of the National Economic Development Authoirty (NEDA) Board so as to include the Secretaries of the Department of the Interior and Local Government (DILG) and the Presidential Communications Development and Strategic Planning Office (PCDSPO) and the corresponding instrument to document such revision and/or expansion |
13 Feb 2013 |
22 | Clarificatory opinion on certain issues relative to the extent of the authority of the Anti-Money Laundering Council (AMLC) on the management of assets that were forfeited in favor of the National Government, specifically on: a) Whether the National Government may be held liable to pay the arrears or unpaid real property taxes of the forfeited real properties; b) Whether the National Government through the AMLC may pay the arrears or unpaid property taxes of the forfeited real properties; and c) Whether the forfeited properties may be sold in public auction and proceeds thereof be turned over to the National Treasury after all the taxes and other legal expenses are paid |
18 Feb 2013 |
23 | Whether the Philippine Navy (PN) and the Department of Environment and Natural Resources (DENR) acquired a vested right over Palaui Island by virtue of Presidential Decree Nos. 201 and 447, s. 1994 |
19 Feb 2013 |
24 Declined |
Applicability of Section 4.2 (Observance for Any Treaty or International or Executive Agreement which the Government of the Philippines is a Signatory) of the Revised Implementing Rules and Regulations (RIRR) of R.A. No. 9184 (Government Procurement Reform Act) on the executive agreements entered into by and between the Department of National Defense (DND) and the Ministries of Defense of other countries, particularly with the Republic of South Korea and the Italian Republic |
28 Feb 2013 |
25 | Exemption of the University of the Philippines (UP) from payment of registration fees assessed by the Land Registration Authority (LRA) Registry of Deeds |
28 Feb 2013 |
26 Declined |
Relative to the exploration, development and production of crude or black oil from the Camago-Malampaya Reservoir, specifically on: a) Whether the Department of Energy (DOE) can legally enter into a new Term of Service with the Philippine National Oil Company (PNOC) after the PNOC-Exploration Corporation (PNOC-EC) terminated its Participation Agreement (PA) and the Addendum to the Participation Agreement (APA) with Burgundy Global Exploration Corporation (BGEC), although with existing judicial injunction against PNOC-EC and DOE's subsequent termination of the Camago-Malampaya Oil Leg (CMOL); and b) If the answer is in the affirmative, whether the DOE, through NOC or its designated subsidiary, can engage a new third participant through public bidding |
04 Mar 2013 |
27 | Legal effect of the termination of the marital relationship, (e.g., legal separation, separation de facto, annulment of marriage, divorce or death), on the permanent resident status of a foreign national who is married to a Filipino citizen as provided under Section 13(a) of Commonwealth Act No. 613, as amended, and other existing issuances |
05 Mar 2013 |
28 Declined |
Revocation of Section 5 of Parañaque City Ordinance No. 11-04, s. 2010, (which requires developers to seek approval from the Sangguniang Panlungsod for their condominium projects prior to applying licenses from the Housing and Land Use Regulatory Board) considering that it contradicts the provisions of the Anti-Red Tape Act (R.A. No. 9485) by adding a new layer of administrative procedure and it delays project timeliness of condominium projects by at least six (6) months |
08 Mar 2013 |
29 | Relative to certain queries on the Philippine Food Fortification Act of 2000 (R.A. No. 8976) specifically on: a) Whether the National Nutrition Council (NNC), through a resolution, is authorized by law to exclude refined sugar from the coverage of the mandatory food fortification program; and b) Whether the NNC, through a resolution is likewise authorized by law to limit the scope of the fortification coverage for cooking oil to only coconut and palm oil |
11 Mar 2013 |
30 | Opinion on claim for just compensation of Mr. Honorio Saycon, whose parcel of land situated in Subusub, Rosario, La Union, appears to have been traversed by the road-right-of-way (RROW) of the Manila North Road, a National Primary Road established by E.O. No. 113, s. 1955 |
06 Mar 2013 |
31 | Relative to the grant of fishing privileges specifically on the following issues: a) Effect of R.A. No. 9295 (An Act Promoting the Development of Philippine Domestic Shipping...) upon the authority of local government units (LGUs) to register or otherwise issue licenses for the operation of fishing vessels of three (3) tons or less; and b) The perceived conflict between the provisions of E.O. No. 305, s. 2004 (Devolving the Registration of Fishing Vessels Three (3) Gross Tonnage and Below to the Local Government Units) |
18 Feb 2013 |
32 | Propriety of belatedly recognizing as Filipino by birth or election those who since become naturalized citizens of another country |
26 Mar 2013 |
33 | Whether the Department of Transportaion and Communications-Land Transportation Office (DOTC-LTO) may procure the services of the current LTO Information Technology (IT) system provider, Stradcom Corporation, by way of emergency procurement under Section 53 (b) of R.A. No. 9184 (Government Procurement Reform Act) while the bidding process for the DOTC Road IT Infrastructure Project has not yet been completed and a new service provider has not yet been identified |
04 Apr 2013 |
34 | Whether the Competitive Selection Process (CSP) conducted by the Province of Siquijor Electric Cooperative (PROSIELCO) for the sourcing of its electric power requirement through the New Power Provider (NPP) complied with the CSP requirements, as provided under Department of Energy (DOE) Circular No. 2004-01-001 and Energy Regulatory Commission (ERC) Resolution No. 11-2005 |
02 Apr 2013 |
36 | Legality of the plan of the Department of Transportation and Communications (DOTC), through the Land Transportation Franchising and Regulatory Board (LTFRB), to award franchises to operate public transportation through public bidding |
18 Apr 2013 |
37 | Interpretation of Section 12 of R.A. No. 9993, or the Philippine Coast Guard Law of 2009, in relation to the initial appointment ranks of chaplains, dentists, lawyers, medical doctors and veterinarians |
12 Apr 2013 |
38 | Correct manner of implementing the Department of Budget and Management (DBM) Circular No. 546, s. 2013, prescribing the new rules and regulations on the grant of Representation and Transportation Allowance (RATA), stating that RATA is now pro-rated, based on the number of days of actual work performance on workdays, exclusive of absences with pay |
30 Apr 2013 |
40 Declined |
Whether an administrative decision of a Sangguniang Panlalawigan appealed to the Office of the President is within the canopy of Section 9 (Stay of Execution) of Adminsitrative Order No. 22, s. 2011 (Prescribing Rules and Regulations Governing Appeals to the Office of the President), dated October 11, 2011, vis-a-vis Section 68 (Execution Pending Appeal) therein |
07 May 2013 |
42 Declined |
Legality and/or validity of a Memorandum dated October 15, 2012 issued by the Office for Transportaion Security (OTS), requiring all OTS personnel to accomplish and submit a Personal History Statement (PHS), separate and in addition to the Personal Data Sheet (PDS), required by the Civil Service Commission (CSC), citing its possible constitutional and legal infirmity and its apparent duplication as provided for in the PDS |
25 Apr 2013 |
43 Declined |
Whether the Land Management Section of the Department of Natural Resources and Environment (DENR) acted appropriately in not approving the subdivision plan for the agricultural lands covered by the Kilusang Kabuhayan at Kaunlaran Land Resource Management Program (KKK Program), which was submitted by the Department of Agrarian Reform (DAR) |
22 Apr 2013 |
44 | Applicability of Section 4.2 of the Revised Implementing Rules and Regulations (RIRR) of R.A. No. 9184 (Government Procurement Reform Act), on the executive agreements entered into by and between the Department of National Defense (DND) and the Ministries of Defense of other countries for the modernization of the Armed Forces of the Philippines (AFP) |
25 Apr 2013 |
45 | Whether or not the provision of Section 4 of Executive Order (E.O) No. 256, s. 1995 (Rationalizing the Fees and Charges on Firearms, Ammunition... and Firecrackers) is mandatory and self-executory, in such a way that the law enforcement agencies like the Philppine National Police (PNP), the Armed Forces of the Philipines (AFP) and the National Bureau of Investigation (NBI), among others, shall be exempt from paying the firearms license fee provided for in the said E.O. sans their inclusion in its Implementing Rules and Regulations (IRR); and if the answer is in the negative, is the amendment of the IRR of E.O. 256 necessary to upgrade the status of the Philippine Coast Guard in the same category as that of the AFP and the PNP? |
30 Apr 2013 |
48 Declined |
Whether just compensation due a private landowner whose property was affected by the construction of transmission lines of National Transmission Corporation (TRANSCO) (formerly National Power Corporation or NAPOCOR) would be based on the time of taking by TRANSCO of said property or the filing of the claim for payment of just compensation by said landowner and whether said compensation would be based on the full market value at the time of taking of the property or based on current valuation, in light of the recent decisions of the Supreme Court |
27 May 2013 |
50 | Legality of the proposal of the National Food Authority (NFA) Management and the Department of Agriculture (DA) sent to the Department of Finance (DOF) to purchase, on an Agency-to-Agency Agreement, smuggled rice confiscated by the DOF's Bureau of Customs (BOC) |
11 Jun 2013 |
54 Declined |
Whether Section 7 (7) (Responsibility of Local Government Units to Prohibit Trade of Dogs for Meat) of R.A. No. 9482, or the "Anti-Rabies Act of 2007," can be enforced or implemented in local municipalities if they do not have an ordinance which prohibits dogs for meat |
25 Jun 2013 |
55 | Relative to the requirements in the engagement of private lawyers by state colleges and universities (SUCs) specifically on the following: a) Whether the hiring by SUCs of private lawyers, who are Intellectual Property (IP) law experts, requires written conformity and acquiescence of the Office of the Solicitor General (OSG) and the Commission on Audit (COA); b) Whether the Intellectual Property Office of the Philippines (IPOPHL) can engage the services of private lawyers to handle cases filed against IPOPHL officials; and c) Whether such engagement of the SUCs and the IPOPHL of private lawyers shall be subject to the rules and regulations for public procurement under R.A. No. 9184 (Government Procurement Reform Act) |
26 Jun 2013 |
56 | Whether the Department of Transportation and Communications (DOTC) has the authority to issue a certificate of public convenience for the operation of the Manila Light Railway Transit Line 1 System |
04 Jul 2013 |
59 | Whether the Department of Agrarian Reform (DAR) may continue its land acquisition and distribution proceedings, where Notices of Coverage (NOCs) have already been validly served or formal offers to sell have already been accepted, beyond June 30, 2014 and whether Congress may still appropriate funds for the full implementation of the Comprehensive Agrarian Reform Program (CARP) beyond such date |
09 Jul 2013 |
63 | Whether it is within the functions and powers of the Director General of the Intellectual Property Office of the Philippines (IPOPHL) to initiate the establishment of a new compensation structure, pursuant to R.A. No. 8293, or the Intellectual Property Code of the Philippines, specifically Section 233.2, which provides that the supposed new compensation structure shall conform as closely as possible with the princicples provided under R.A. No. 6758 or the Compensation and Position Classification Act of 1989 |
23 Jul 2013 |
68 | Whether Joint Resolution No. 4, series of 2009 (Authorizing the President of the Philippines to Modify the Compensation and Position Classification System...) of the Senate and the House of Representatives, has curtailed or restricted the powers of the governing board of Rizal Techonological University (RTU) uner R.A. No. 8365 (RTU Charter), particularly Section 7 (d) which provides for specific powers and duties of the governing board, as (among others): fixing tuition fees and other school fees and charges, such as, but not limited to, matriculation fees, graduation fees and other laboratory fees... |
31 Jul 2013 |
70 | Whether the Philippine National Oil Company-Exploration Corporation (PNOC-EC), a government-owned-and/or-controlled corporation (GOCC), classified as a Proprietary Commercial GOCC under the Governance Commission for GOCCs (GCG) rules, may legally participate in and be qualified as the winner in the public bidding for the privatization of government-owned power plants conducted by the Power Sector Assets and Liabilities Management Corporation (PSALM Corp.); and whether they may legally qualify as a power generator without violating R.A. No. 9136 or the Electric Power Industry Reform Act (EPIRA) |
12 Aug 2013 |
71 Declined |
Validity and/or legality of the supply contract executed by and between the Philippine National Railways (PNR) and Pandrol Korea Limited (PANDROL) for the purchase of PANDROL rail fastening, clips and insulator for the repairs of PNR South Line |
27 Aug 2013 |
74 Declined |
Legality of a Lease Agreement by and between the Metro Manila Development Authority (MMDA) and Uniwide Holdings, Inc. |
02 Oct 2013 |
75 Declined |
Clarification/Modification of DOJ Opinion No. 112, s. 2012 dated December 14, 2012 regarding the proposal of the Aboitizland, Inc. to lease a 32-hectare Mactan-Cebu International Airport Authority (MCIAA) property northeast of the existing passenger terminal building complex under the ambit of the 1995 agreement signed between MCIAA and Aboitizland and a Supplemental Agreement in 2010 |
14 Oct 2013 |
76 Declined |
Whether the consent of illegitimate father who has recognized the child by signing his/her birth certificate is necessary to voluntarily commit such child to the custody of the Department of Social Work and Development (DSWD) |
09 Sep 2013 |
78 Declined |
Concerning the implementation of the provisions of R.A. No. 10531 and its Implementing Rules and Regulations (IRR) specifically with reference to the screening of candidates for district directors and in the event that no candidates qualify for the position, can the incumbent director continue to sit on a hold-over capacity? |
02 Oct 2013 |
79 | Whether legislation is needed in order to establish a Registry of Deeds office in the Province of Zamboanga Sibugay |
05 Sep 2013 |
81 Declined |
Relative to the intent of the Taganito Mining Corporation (TMC) to release the 2011 mining royalties due the Asosasyon sa Madazaw na Panagkaisa nan mga Tribong Mamanwa sa Taganito ug Urbiztondo (AMPANTRIMTU), subject to the terms agreed upon by the indigenous cultural communities (ICC) that will manifested in a resolution |
25 Sep 2013 |
83 | Reconsideration of DOJ Opinion No. 31, series of 2013 wherein it was opined that there is no conflict between the provisions of E. O. No. 305, s. 2004 (Devolution of the Registration of Fishing Vessels 3 Gross Tonnage and Below) and R.A. No. 9295 (Promoting the Development of Philippine Domestic Shipping...), with reference to the authority of the local government units (LGUs) on the grant of fishing privileges, including the issuance of licenses necessary for the exercise of said privileges |
22 Oct 2013 |
84 | Opinion on the quorum requirement of the present composition of the Cooperative Development Authority (CDA) Board of Administrators and the right of the CDA Chairperson to vote (during a special meeting) as provided under R.A. No. 6939 (CDA Chapter) which does not impose a limit on the chairperson's right to vote |
24 Oct 2013 |
85 | Legality of the collection and management by the Supreme Student Government (SSG) of their own funds derived from their membership fees and on whether the membership t the SSG of all bona fide students of Cebu Normal University (CNU) is compulsory or voluntary |
29 Oct 2013 |
86 Declined |
Interpretation of Section 15 of R.A. No. 8047 (National Book Development Board Charter) Concerning the transfer of assets, properties, funds and liabilities of Instructional Material Corporation (IMC) and the Instructional Material Development Center (IMDC) under the Department of Education and Sports (DECS) [which] shall be transferred to the NBDB |
24 Oct 2013 |
87 | Whether "referral codes" are legally binding as per the National Building Code (R.A. No. 1096) and opinion on the most appropriate, effective and expeditious legal means to adopt the "green buidling" regulation and whether said building regulation compliance will be mandatory or directory |
31 Oct 2013 |
88 | Legal issues and concerns on three (3) MARINA Board-approved Memoranda of Agreement (MOAs), to wit: MOA Between the Maritime Industry Authority (MARINA) and the World Maritime University (WMU) for Academic Cooperation; MOA Between MARINA and the Department of Public Works and Highways (DPWH) for the Construction of MARINA (Head Office) Building; and MOA Between MARINA and the Philippine International Trading Corporation (PITC) activities, ISO Certification for the MARINA Standards of Training, Certification and Watchkeeping for Seafarers (STCW)-Office, Information Technology (IT) System development and implementation and other activities |
20 Nov 2013 |
89 | Whether the Philippine Coast Guard (PCG) is exempt from the fees and other charges imposed by the National Telecommunications registration Commission (NTC), as per the provisions of E. O. No. 546, s. of 1979 (Creating a Ministry of Public Works and a Ministry of Transportation and Communications) |
13 Nov 2013 |
93 | Concerning the grant of authority to private companies to act as sureties in transactions involving government and its agencies specifically: Whether the phrase "Government of the Philippine Islands" under Section 1 of Act No. 536, as amended by Act No. 2206 which states that "...Provided further, That no head of Department... shall approve or accept any corporation has, by contract with the Government of the Philippine Islands, been authorized to become a surety upon official recognizes, stipulations, bonds, and undertakings..." can be constructed to include the Insurance Commission instead of the Office of the President |
05 Dec 2013 |
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