DOJ Opinion No. 018, s. 1980

DOJ OPINION NO. 018 , s. 1980 3rd Indorsement February 4, 1980 Respectfully returned to the Provincial Fiscal, Mountain Province, the within request of the Assistant Provincial Schools Superintendent of the same province for opinion on certain questions raise by the District Supervisor of Bauko of the said province, regarding the administration of funds for the operation of the barrio high school of Barangay Guinzadan with the information that, pursuant to law and established precedents, the Minister of Justice renders opinion only for the national government officials mentioned in section 83 of the Revised Administrative Code, such as heads of the ministries and chiefs of offices and bureaus in the executive branch of the national government, and that, accordingly, the Minister has in practice consistently declined to render opinion for other officials and for local governments and the officials thereof. It appears that the questions posed have arisen out of the performance or exercise of the powers and functions of the Barrio Council of Barangay Guinzadan. Hence, the resolution of these questions properly appertains to the Provincial Fiscal of Mountain Province and/or the Municipal Attorney of Bauko who are the legal advisers of the municipality and the officials thereof. Furthermore, as a matter of official courtesy and propriety, subordinate officials should consult their office heads on questions confronting them in the exercise of their official functions. Therefore, the above-mentioned public schools officials should consult the Minister of Education and Culture, their administrative head, on the present questions which arise in the performance of their functions as District Supervisor and as Assistant Provincial Schools Superintendent. cdasia (SGD.) RICARDO C. PUNO Minister of Justice