DOJ Opinion No. 004, s. 1993

DOJ OPINION NO. 004 , s. 1993 January 15, 1993 Mr. Hercules P. Guzman Officer-in-Charge Office of the Undersecretary for Staff Operations Department of Agriculture Elliptical Road, Diliman Quezon City Sir : This refers to your request for opinion on "whether the Department of Agriculture is bound by the Sangguniang Bayan Resolution No. 29-92 of Masinloc, Zambales, requesting said Department to remit its 40% share of the gross collection derived from royalties, forestry and fishery charges and such other taxes, fees or charges, including related surcharges, interests, or fines, and from its share in any co-production, joint ventures or production of sharing, agreement in the utilization and development of the National Wealth within their territorial jurisdiction pursuant to the provisions of R.A. No 7160 otherwise known as the Local Government Code of 1991. cdll With regret, this Department is constrained to refrain from rendering opinion on the matter. In line with established precedents, the Secretary of Justice does not pass upon the validity of duly enacted legislative acts of local governments which are presumed valid and enforceable unless declared otherwise by the competent court or superseded or repealed by the lawmaking authority (Sec. of Justice Op. No. 152, s. 1984; No. 302, s. 1956). Moreover, it is the Department of the Interior and Local Government (DILG), in coordination with the Department of Finance (DOF) and in actual consultation with the leagues of LGUs, which is tasked with the monitoring of the proper implementation of Part Two (Share of Local Government Units in National Wealth) of the Rules and Regulations Implementing the Local Government Code of 1991 (see Art. 392). Pursuant to well-settled practice and precedents, the Secretary of Justice has consistently refrained from expressing his views on matters within the primary jurisdiction of a co-equal and coordinate Department and over which this Office has no revisory authority unless upon its request (Secretary of Justice Op. No. 1, s. 1983; No. 123, s. 1980; No. 149, s. 1976). Very truly yours, (SGD.) FRANKLIN M. DRILON Secretary