Basis to Issue Legal opinion

Functions of DOJ

Legal Counsel of GovernmentThe DOJ, through the Office of the Solicitor General (OSG) and the Office of the Government Corporate Counsel (OGCC), acts as the legal representative of the Government of the Philippines, its agencies and instrumentalities including government owned and controlled corporations and their subsidiaries, officials and agents in any proceeding, investigation or matter requiring the services of a lawyer.EO 292 specifically designates the Secretary as Attorney-General and ex-officio legal adviser of government-owned or controlled corporations (GOCC) and their subsidiaries. The Secretary exercises administrative adjudicatory powers over all controversies between/among government agencies, including government owned and controlled corporations including their subsidiaries. This power of adjudication of the Secretary originally stemmed from Presidential Decree No. 242, and is now embodied in Sections 66 to 71, Chapter 14, Book IV of E.O. 292.

The Secretary is likewise empowered to act on all queries and/or requests for legal advice and guidance from private parties and other officials and employees of the government.

Who to Write

From the DOJ Charter:

Send letter-request for legal opinion via mail courier or personally send to:

The Office of the SecretaryDepartment of JusticePadre Faura St., Metro Manila

Secretary of Justice: Leila M. De Lima

How binding

Narra Nickel Mining vs. Redmont (G.R. No. 195580, April 21, 2014)

“[T]he opinions of the SEC en banc, as well as of the DOJ, interpreting the law are neither conclusive nor controlling and thus, do not bind the Court. It is hornbook doctrine that any interpretation of the law that administrative or quasi-judicial agencies make is only preliminary, never conclusive on the Court. The power to make a final interpretation of the law xxx lies with this Court, not with any other government entity.”

MEMORANDUM CIRCULAR NO. 026TO: THE CHIEF STATE COUNSEL, THE ASSISTANT CHIEF STATE COUNSELS, STATE COUNSELS AND OTHER MEMBERS OF THE LEGAL STAFFSUBJECT: GROUNDS FOR DECLINING TO RENDER AN OPINION

 

In order for the Department to more faithfully fulfill its mandate and function as legal counsel for the government (Sections 1 to 3, Chapter 1, Title III, Book IV, Administrative Code of 1987) the Office of the Legal Staff - which is, in turn, mandated to, among others, assist the Secretary in the performance of his duties as Attorney General of the Philippines and as ex-officio legal adviser of governmentowned or controlled corporations or enterprises and their subsidiaries, and prepare and finally act for and in behalf of the Secretary on all queries and/or requests for legal advice or guidance coming from private parties, and minor officials and employees of the government (Section 7, Chapter 2) - is hereby advised that, henceforth, the Department shall retain only the following grounds for declining to render opinions:1. Issues posed have already been passed upon by the courts, Provided

that the Department shall not decline rendering an opinion where, although related matters have already been passed upon by the courts, what is being sought from the Department is, for instance, an opinion on the implications of the courts' decision, and other similar matters;

2. Issues that are subjudice;3. Issues the resolution of which properly pertains to the prosecuting

officers;4. Issues raised by subordinate officials of other offices or agencies,

Provided that the Department shall not decline rendering an opinion where there exists exceptional reasons to do so, such as the issue/s raised is/are of national interest or importance, or the subordinate official has raised other sufficient justification as to why his/her request for advice/opinion ought to be granted, including absence of other adequate recourse or remedy, etc.;

5. Issues which are already moot and academic;6. Issues that do not involve specific legal issues but questions of facts

or mixed questions of fact and law; and7. Issues which are purely hypothetical and speculative.