Opinion on the revival of the Philippine Sugar Corporation (PHILSUCOR) which was created under Presidential Decree (PD) No. 1890, series of 1983.

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Application of Section 309 of Republic Act No. 11534, otherwise known as the “Corporate Recovery and Tax Incentives for Enterprises (CREATE) Act,” in relation to the conflicting positions of government agencies on the applicability of the work-from-home (WFH) arrangement of Registered Business Enterprises (RBEs) considering the lifting of the state of public health emergency due  to the COVID-19 pandemic.

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Whether the accreditation of social welfare institutions falls exclusively under the Department of Social Work and Development’s (DSWD) role and function, excluding public and private entities.

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Designation of authorized representatives in the Inter-Agency Committee-Tobacco (IAC-T), specifically on: a) Whether a government official holding a position lower than Undersecretary may be appointed as authorized representative in the IAC-T; and b) Whether the Administrator of the National Tobacco Administration (NTA) can appoint an authorized representative in the IAC-T considering that Executive Order (EO) No. 245, s. 1987 (NTA Creation) is not clear whether the Administrator has a rank of a Secretary.

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Basis and authority of Local Government Units (LGUs) to enter into LGU-to-LGU sisterhood agreements that allow the deployment of seasonal workers to other countries.

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Whether the Cooperative Development Authority (CDA) has overstepped its authority in relation to its plan in implementing the programs and projects mandated under Republic Act No. 11524 or the Coconut Industry Trust Fund Act.

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Confirmation that the dividends and/or proceeds of disposition of the Coconut Levy  Assets should be remitted to the Coconut Farmers and Industry Trust Fund which was  created pursuant to Section 7 of the Coconut Farmers and Industry  Trust Fund Act and that the Trust Fund Management Committee (TFMC) through the Trust Fund Committee can withhold remittance of the dividends under the Dividends Law.

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   Confirmation if there is no irreconcilable inconsistency among the provisions of Republic Act (R. A.) No. 7160 (Local                Government Code); Executive Order No. 226, series of 1987 (Omnibus Investments Code of 1987) and R. A. No.11534

  (Corporate Recovery and Tax Incentives for Enterprises Act or CREATE Act).

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    Opinion on which specific government agency will facilitate the consolidation of the claims for insurance, in relation to the        damages brought about by the February 2023 oil spill incident that adversely affected the areas of CALABARZON

    MIMAROPA and Region VI.

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Whether the 16th Floor of the SEC Headquarters (formerly UCPB Building) can be the subject of warrant, levy or auction sale by the Bureau of Internal Revenue (BIR) or any other taxing authority.

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 Whether government officials or employees who failed to secure a travel authority  as required under Executive Order           (EO) No. 77, series of 2019, (relating to foreign travels of government personnel), may be covered by the fifth (5th)                  paragraph of Special Provision 1 (DOJ-Bureau of Immigration (BI), of Republic Act No. 11975 (also known as the General       Appropriations Act) upon  being deferred or denied boarding by the BI.

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Whether a foreign national or a dual citizen is qualified  for appointment by the President as Independent Director of the Maharlika Investment Corporation (MIC).

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Proper course of action to be taken on the recovery of the undeveloped parcels of land               

  previously ceded to local government units (LGUs) and other government agencies,

  which are located in Sablayan Prison and Penal Farm, Sablayan, Occidental Mindoro

  and Iwahig Prison and Penal Farm, Puerto Princesa, Palawan.

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Opinion on the process of updating the schedule of rates of the Jockeys and Horse Trainers Injury, Disability and Death Compensation Fund, as provided for under Republic Act No. 6115,  specifically  with regard to the following issues: Do the PHILRACOM, as the administrator of the Compensation Fund and the Office of the President (OP), which exercises oversight function over PHILRACOM, have the authority to update and/or adjust the rates/schedules of compensation and if yes, what are the guidelines therefor?

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Conflicting views on the issue regarding the power of Cooperative Development Authority (CDA) Board of Administrators to appoint CDA personnel lower than the the position of CDA Deputy Administrator, in relation to Section 3 (e) of Republic Act No. 11364, otherwise known as the CDA Charter of 2019. 

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Opinion on the administrative relationship between the Overseas Workers Welfare Administration (OWWA) and the Department of Migrant Workers (DMW), the former being an attached agency of the latter.

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Request for inputs for the ratification of the Agreement for Cooperation Between the Republic of the Philippines and the Government of the United States of America (USA) Concerning Peaceful Uses of Nuclear Energy (or the 123 Agreement, signed on November 16, 2023, in San Francisco, California, USA), specifically in relation with the coverage of Agreement implementation under existing laws and whether it has no conflict with Philippine legislation and related bills in Congress.

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Opinion on the draft Agreement on Dual Nationality between the Philippines and Spain, noting a) Whether the 1987 Constitution of the Philippines and/or Republic Act No. 9225 (Citizenship Retention and Reacquisition Act of 2003) would allow a Filipino to not lose his or her Philippine Citizenship when acquiring the citizenship of Iberian or Ibero-American countries and the United Kingdom; and Whether non-forfeiture of Philippine citizenship, upon acquisition of citizenship in the countries stated, maybe allowed through signing of a dual citizenship treaty with such countries, such as the 123 Agreement with Spain.

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Clarification on Opinion No. 45, series of 2023, where the Department of Justice (DOJ) opined that the Lease Purchase Agreement (LPA) between the Government Service Insurance System(GSIS) and the Office of the Government Corporate Counsel (OGCC) dated 22 June 1978, (pertaining to a parcel of land in Ermita, Manila) remains in force and thus, the parties are bound to comply with their obligations therein.

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Requirement for the Privatization Management Office (PMO) to reserve a minimum  of ten percent (10%) of the sale of assets in corporate form to small local investors under Executive Order No. 323, series of 2000, in relation to the disposition of the shares owned by the Republic of the Philippines in North Luzon Expressway (NLEX) Corporation.

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   Opinion on whether Republic Act No. 6728 (otherwise known as the Government              

   Assistance to Students and Teachers in Private Education Act) has been repealed by

   Republic Act No. 6728, or the Expanded Government Assistance to Students and Teachers

   in Private Education Act.

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  Constitutionality of Sections 28 and 29 of the Bangsamoro Autonomy Act No. 49 or        

  the Bangsamoro Autonomous Region in Muslim Mindanao (BARMM) to exercise

  supervision over local government units (LGUs) within the regions. View / Download PDF File

Interrelated opinion requests regarding the Department of Environment and Natural    

 Resources’ (DENR) draft Host Country Agreement (HCA) and the proposed

 Philippines’ bid to host the Loss and Damage Fund (LDF) of the DENR, specifically

 on the following issues: a) LDF’s legal personality and capacity of the LDF Board; b)                                                                  Hosting of official business of the Board and c) Proper form of granting the

 privileges and Immunities of the Board.  View / Download PDF File

 Whether Makati City has the personality to apply for Special Patents over lots   

 covered by Proclamation No. 1916, series of 2009, which, pursuant to a Supreme

 Court Decision dated 01 December 2021, are within the territorial jurisdiction of

   Taguig City.  View / Download PDF File   

Whether family members of cancer survivors are likewise considered cancer survivors    

 under Section 26 or Republic Act No. 11215, otherwise known as the “National Integrated

 Cancer Control Act” and thus, must be accorded benefits and privileges granted to person

with disabilities (PWDs), in relation to Section 3(h) thereof.  View / Download PDF File 

Local Water Utilities Administration’s (LWUA) authority to regulate local water            

 districts, as a regulator under Presidential Decree No. 198, as amended and under

 Republic Act No. 11659, or the Public Service Act, as amended, with regard to the  

 management of Cagayan de Oro Water District (COWD) and the resolution of the

 current water supply issue in Cagayan de Oro City, among others. View / Download PDF File

Legality of accepting donation from a tobacco company of three (3) mobile clinics for    

 the use of social welfare and disaster response operations, in light of the prohibition.  View / Download PDF File

Whether the provisions of Presidential Decree (PD) No. 242 (1973) (regarding settlement of disputes between and among government offices) will apply to the issues and concerns of Philippine Postal Corporation (PhilPost) raised against the National Printing Office (NPO), in connection with the “New Identification Card Project.”

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Whether local government units (LGUs) may impose a Person with Disability (PWD) identification card validity of more than five (5) years, particularly for the benefit of PWDs with permanent disabilities.”

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Whether local government units (LGUs) may impose a Person with Disability (PWD) identification card validity of more than five (5) years, particularly for the benefit of PWDs with permanent disabilities.”

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Whether the directors of United Coconut Chemicals, Inc.’s (Cocochem) who represent or were elected by its minority private stockholders (private directors) are required to file their Statement of Assets, Liabilities and Net Worth (SALN)

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Power of the Board of Regents (Board, for brevity) of Cavite State University (CSU) with regard to the following issues: a) Can the Board, through its inherent corporate power, extend the term of the (CSU) President beyond retirement age but not later than the age of 70 as provided for   under  Republic Act (R. A.) No. 8468 (Conversion of Don  Severino Agricultural College… to a State University…) and R. A. No. 8292 (Higher  Education Modernization Act of 1997)?;  and b) Is there legal impediment if the Board asserts its powers and authorities for  extending the term of the incumbent President up to age 70?  

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Clarification as to: 1) Which office should the regulatory administrative fines and   penalties imposed by the Human  Settlement Adjudication Commission (HSAC) imposed by the Human  Settlement Adjudication Commission (HSAC) in the exercise of its original and appellate jurisdiction inure; and 2) Will the sanctioned party pay the imposed administrative fine and penalty to the (Department of Human Settlements and Urban Development (DHSUD) or to the HSAC?

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Authority of the Clark Development Corporation (CDC) to manage the areas covered    by Certificate of Ancestral Domain Title (CADT) 025-A, as issued to the Tribong Ayta, in light of relevant laws and the Joint Management Agreement (JMA) executed by the CDC, Tribong Ayta and the National Commission on Indigenous Peoples (NCIP).

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Possibility of potential revenue, such as imposition or collection of fees, for the Public-Private Partnership (PPP) Center which is aimed at augmenting the fiscal capacity of the National Government to support the expansion efforts of the PPP Center under the PPP Code.

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Feasibility of processing and issuing tenurial instruments for the esplanade that will be built on both sides of the Pasig River, to support the proposed “Pasig River Urban Development Project: Pasig, “Biglang Buhay Muli,” of the Department of Human Settlements and Urban Development (DHSUD), pursuant to Executive Order (EO) No. 35, s. 2003 (Constitution of Inter-Agency for the Pasig River Urban Development).

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Feasibility of processing and issuing tenurial instruments for the esplanade that will be built on both sides of the Pasig River, to support the proposed “Pasig River Urban Development Project: Pasig, “Biglang Buhay Muli,” of the Department of Human Settlements and Urban Development (DHSUD), pursuant to Executive Order (EO) No. 35, s. 2003 (Constitution of Inter-Agency for the Pasig River Urban Development).

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Confirmatory opinion on the implementation of the incentivized compliance to the  Balanced Housing Development Program, pursuant to Board Resolution No. 965,  series of 2017, issued by then Housing and Land Use Regulatory Board, series of 2021 as amended by Department Order (DO) No. 2021-004 and further amended by DO No. 2022-002.

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Opinion on remittance of dividend to the national government, specifically in relation with the following issues: 1) Whether or not the National Transmission Corporation (TransCo) is required to remit dividends to the national government under Republic Act (R. A.) No. 7656; and 2) Whether or not the interest income from the deferred payment on the concession fee is part of the net profit to be remitted by TransCo to the Power Sector Assets and Liabilities Management Corporation (PSALM), pursuant to the Electric Power Industry Reform Act (EPIRA).

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Ownership of health centers located in the Enlisted Men’s Barangays (EMBOs) being claimed by Makati City and Taguig City-- the former asserting ownership over them as separate and distinct from the land on which these are built; while the latter contends that it has jurisdiction over the land including the structures on which these are situated, pursuant to a Supreme Court (SC) Decision giving Taguig City the jurisdiction over the land.

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Opinion on who is the “Head of Agency” of the Human Rights Violations Victims’ Memorial Commission (HRVVMC) the latter being attached to the Commission on Human Rights (CHR).                

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Utilization of the Agarang Kalinga at Saklolo para sa mga OFW na Nangangailangan  (AKSYON) Fund, established pursuant to Republic Act No. 11641, Section 14, also known as “Department of Migrant Workers Act,” specifically in relation to the following issues: 1) Whether the AKSYON Fund may only be exclusively utilized at the Foreign Service Post; and 2) Whether the distressed Overseas Filipino Workers (OFWs) who have been repatriated to the Philippines and those who are still in the pre-departure/ deployment stage may also access services under the AKSYON Fund.

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Implementation of express lanes or priority  for persons with disability (PWDs) pursuant to Republic Act (R. A.) No. 10754, entitled “An Act Expanding the Benefits and Privileges of Persons with Disability, amending Section 32 of R. A. No. 7277, in relation to the following issues:1) Whether an express lane or priority applies only for necessities and not for leisure; and 2) Whether commercial establishments may opt not to implement the express lane or priority for PWDs for transactions involving items of limited quantity          or whether the “first come, first served” policy may be implemented for transactions involving items of limited quantity.                         

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Opinion on the legal personality of the Private Education Assistance Committee (PEAC), specifically on whether it is a public instrumentality or a private body, taking into consideration Section 16, Article XII of the 1987 Constitution, other applicable laws 

and jurisprudence, as well as previous DOJ opinions.

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Whether the Bangko Sentral ng Pilipinas (BSP) may outsource its currency  distribution and processing functions, such as acceptance of  deposits from banks  servicing of withdrawals of banks, sorting, verification, packaging and vaulting/safekeeping, to third parties, such as commercial  banks or government banks and/or private Cash-in-Transit (CIT) companies.

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Opinion on the application of the 20% discount and Value-Added Tax (VAT) exemption on food purchases of persons with disability (PWDs) in instances when the food purchased is ideally for group sharing.

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Advice on appropriate steps and requisite preparation on the roll out of the Department of Health’s (DOH) program for people who use drugs and who are at risk for or who are living with human immunodeficiency virus (HIV), in the pursuit of operational research on “Comprehensive Package of Core Preventions and Health Promotion for People Who Use Drugs in Cebu.”

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Whether the Municipality of Tapaz, Capiz, a local government unit (LGU may be allowed to engage in and conduct Industrial Sand and Gravel operations through its Economic Enterprise Office, under Republic Act No. 7160, also known as the “Local Government Code,” as well as other existing rules and regulations related to the matter.

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Confirmation on the extension of the applicability of the tax exemption privileges being enjoyed by Philippine Airlines (PAL) to the Philippines Air Asia, Inc. (PAA) and the incorporation and applicability of tax privileges to PAA’s franchise.

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Whether the locators of Clark Development Corporation (CDC) not entitled to receive incentives under Republic Act (R. A.) No. 11534, otherwise known as the “Corporate Recovery and Tax Incentives for Enterprises Act (CREATE Act) should be made to pay local business taxes for the local government units (LGUs) of Angeles, Mabalacat and Porac, Pampanga and Capas and Bamban, Tarlac.                       

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