DOJ Opinion No. 015, s. 1999

DOJ OPINION NO. 015 , s. 1999 February 16, 1999 2nd Indorsement Respectfully returned to the Honorable Secretary of Budget and Management, Manila, the within request for opinion on whether it can legally set aside and disregard the guidelines prescribed by Memorandum Circular No. 61, as amended by Memorandum Circular No. 61-A, issued by the Office of the President in the implementation of Republic Act No. 7171 (An Act to Promote the Development of the Farmers in the Virginia Tobacco-Producing Provinces). The query, it appears, stemmed from the request of Ilocos Sur Governor Luis "Chavit" Singson for the President to direct the DBM Secretary "to implement the letter and spirit" of R.A. No. 7171 to "make possible the realization, long delayed by apathy and inaction of the past administration, of the salient and pro-poor objectives of the (said) law". It is stated that the Ilocos Sur Governor wants the DBM "to set aside and disregard the guidelines prescribed" by M.C. No. 61, as amended, since said circulars "are invalid and legally infirm for (the) reason(s) that (they) allegedly altered the law which (they) seek to implement." It is likewise stated, however, that from the date of its approval up to the present time, R.A. No. 7171 has been consistently implemented in accordance with the provisions of Memorandum Circular No. 61, as amended by M.C. No. 61-A, which circulars "are invoked as valid issuances pursuant to the Presidential prerogatives under Sections 1 and 2, Title I, Book III of the Administrative Code of 1987 and Sections 1 and 17, Article VII of the Constitution, and have been expressly mandated by Section 289 of R.A. No. 8424 (The Tax Reform Act of 1997) to be "the governing guidelines in the implementation of R.A. No. 7171." With regret, we have to decline to render the opinion requested. The Secretary of Justice, by established policy and precedents, does not pass upon a presidential issuance, directive, memorandum circular, proclamation, executive/administrative order or official act of the Office of the President which is presumed to be valid or legal and binding upon all offices and bureaus under the executive branch, unless so requested by the Office of the President itself (Sec. of Justice Opn. No. 4, current series, Nos. 2 and 83, s. 1998; Nos. 47 and 50, s. 1997). Moreover, any opinion that this Department would render relative to your query would be tantamount to a review of the subject memorandum orders of the Office of the President over which this Office exercises no revisory authority (id., No. 21, s. 1997). It is suggested that any clarification desired on the provisions of the subject Memorandum Circular No. 61, as amended by Memorandum Circular No. 61-A, should be sought from the Office of the President (id., No. 2, s. 1997; No. 63, s. 1977). dctai Very truly yours, (SGD.) JUSTICE SERAFIN R. CUEVAS Secretary